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Some industries have low wages. This forces citizens to look for additional work that can compensate for the lack of funds. The law does not prohibit combining positions.
Attention
The length of time during which a person is entitled to perform additional work is strictly regulated. Therefore, it is worth figuring out in advance how many rates you can work part-time.
How long can you work?
An entire chapter in the Labor Code, number 44, is devoted to part-time work. In Art. 282 of the Labor Code of the Russian Federation states that a part-time worker works under a separate employment contract, and 284 notifies about the maximum working time in the amount of half the rate.
According to it, the work schedule of the part-time worker, his working day, as well as the total number of hours worked is established.
The maximum working time that a part-time worker can work in additional work is 20 hours per week. A workday, provided that you are employed on the same day at your main job, can be a maximum of 4 hours.
If the main organization has a day off, the employer of a part-time worker can take him on full-time, that is, for 8 hours. But at the same time, the number of hours worked per month or other accounting period should not exceed the above 0.5 rate .
Payment of bets when part-time
Payment, according to the Labor Code of the Russian Federation, is calculated based on the following options:
- The number of hours during which the subordinate performed work functions;
- Based on the amount of work completed, regardless of the length of time.
In most cases, the employer for a part-time worker chooses the first wage option and determines the amount of earnings based on the formula: the amount of time is multiplied by the rate. Bonuses and allowances are added to the result obtained, which the employer, at his discretion, can provide to a subordinate for high professionalism. However, it is necessary to note that this nuance must be initially agreed upon by the parties.
How many hours per week is part-time work?
The labor standard for part-time service is half of the time required for the main position. During the day, a part-time worker can perform work assignments from the manager for a maximum of four hours. Accordingly, the total working time per week, with a 40-hour work schedule for the main activity, is 20 hours. This option is relevant for a part-time worker working part-time.
When concluding an employment relationship, an important condition is compliance with legal regulations. Therefore, when applying for an additional job, it is necessary to take into account the specifics of implementing job functions in a new position.
With one employer
The employer can study Art. 284 of the Labor Code of the Russian Federation and come up with an obvious idea: since it is impossible to hire a part-time worker for a full salary under one contract, then you can do it under two within the framework of internal part-time work .
According to the first, the employee will work every weekday for 4 hours after main work, and according to the second, on weekends for 8 hours. In this case, the part-time worker will receive the desired additional work and money for it, employees in the HR department will not need to draw up a large number of documents and select candidates for the position, and the employer himself will get rid of the problem of finding a staff position.
Is this approach possible? Not really. After implementing such a plan, the manager will get problems with the labor inspectorate for violating the labor code with this combination. The catch is hidden in the fact that his art. 91 of the Labor Code of the Russian Federation clearly defines working time and regulates its duration.
In the last part of Art. 91 of the Labor Code of the Russian Federation talks about the employer’s obligation to keep records of the time worked by each employee. Not every “staffing unit”, but specifically a person.
As a result, when checking such documentation, it immediately becomes clear that the part-time worker works more than half-time, and this is a violation of Art. 284 Labor Code of the Russian Federation.
How many rates can you work part-time in different organizations?
Work in different organizations is recognized as external part-time work. In this case, the same rules apply as when increasing the volume of work within one organization. The number of part-time positions in different organizations can be any. However, the duration of additional activities should not exceed the norms established by law and should not exceed 4 hours. The rules are established to ensure that additional work does not infringe on the interests of the main employer.
For your information
A person has the right to carry out activities in any number of organizations. The required 4 hours are allowed to be divided. For example, an employee can perform work tasks for 2 hours in one part-time position, 1 hour in a second and 1 hour in a third in different organizations. The exact duration depends on the agreement reached. The undertaken obligations are carried out in free time.
In another organization
Article 284 of the Labor Code of the Russian Federation prevents an employer from hiring the same person more than part-time. But are there any restrictions for the employee?
Turning to Art. 282 of the Labor Code of the Russian Federation, the following can be seen in the second paragraph:
The conclusion of employment contracts for external part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.
This point gives the green light to all applicants who are looking for additional part-time work. In order to work more and earn more, they need to get a job in several different organizations. In this case, employers are worried about only one question: will they have problems if a part-time worker works several jobs?
No, it will not. After all, each organization maintains its own records of employee working hours. And at the same time he does not know about similar data in another company. Even if the employer finds out that his part-time worker is working for someone else, he has no reason to worry.
Employers do not have the right to limit an employee’s ability to work part-time for other organizations. The only exceptions are company managers, athletes and coaches.
How many rates can you work part-time in one organization?
Internal part-time work is recognized as working in several positions within one organization. This is possible if the company has free places. The fact of additional cooperation is formalized. Another employment contract is concluded between the employee and the employer. It captures all the features of cooperation and rates. The initiator of the combination can be the employee himself, who has learned about the vacant position, or the employer who needs an additional employee.
Increasing work hours is regulated by working time rules. For the main position, a citizen is required to work a standard 8 hours. The remaining 4 hours are divided between performing tasks in other companies. The law allows you to work no more than 12 hours in 1 day. Current regulations do not establish the exact number of permissible part-time rates in one organization. Today it is possible to find employment at the following rate:
- full;
- 0,5;
- 0,1;
- another part by agreement with the employer.
Additional information
The number of part-time bets depends on the agreement reached. However, the total duration of daily work cannot exceed the established time limit.
Number of contracts
But the number of employment contracts that can be concluded with the same person is not limited . How many jobs a person will have will be determined only by his physical capabilities.
That is, the total amount of part-time work cannot exceed half the rate, but at the same time, 2 contracts for 0.25 rate can be concluded with a person. Or even five at 0.1 - in this matter, no one limits either the employer or the employee.
From all of the above it follows that for one employer a part-time worker can work in several types of activities, but the total number of rates should not exceed 0.5.
For example, an employer needs a programmer and web designer. These positions are on staff, but the workload for them is too small to allocate at least 0.5 of the salary for each. At the same time, there is a person on staff who is suitable for both of these positions. Two part-time employment contracts are concluded with him . One of them gives him a vacancy as a programmer at 0.3 rate with a work schedule of 3 weekdays for 4 hours after the main work activity. The second assigns him to the position of web designer and regulates his work on Saturday for 8 hours, when he has a day off in his main position. In this case, the employee is registered for a total of 0.5 rates, but receives 2 positions at once .
Number of hours
Now you need to figure out how many hours per week and day an employee can work. The norm is no more than four hours a day and no more than 20 hours a week, that is, half of the norm at the main place of work. Pay depends on the time spent in the company or the amount of work. For example, some companies pay every hour. Also, payment can be made for the amount of work performed, regardless of the time spent. Since part-time activities should not exceed four hours, most employers choose the hourly payment option, as it is much more convenient. Here you cannot decide on your own how much a person can work, as there are restrictions.
How long can you actually work?
This question interests job seekers who need money and, accordingly, additional work. Reasoning logically, one can understand that while there are only 168 hours in a week, part of which must be allocated by a person for sleep, food and travel to work, the total volume of all part-time work cannot amount to more than two times, taking into account the fact that a citizen works one hour in the main position.
Is this the limit? If we are talking about those types of activities where an employee must be present on site “from call to call” - yes. But we should not forget that in some cases the work is not about time, but about results.
For example, a newspaper delivery man goes about his business after he has worked on all the addresses. The same rule may apply to other types of activities: accounting, programming, web design.
Does the applicant still have the strength and desire to work in this mode of work? He can expect to be hired by additional employers.
Is it possible to officially work two jobs at the same time: part-time?
In times of crisis, for many people living in Russia, the income from one job is not enough to provide for their family. Thoughts appear about working part-time and further looking for a second job that will allow you to earn more money, but is it possible to work two jobs officially and is it legal?
What the law says
Official employment in several jobs is not a violation of the law. First, you need to get a job in an organization that will be considered your main workplace. Activities at the second enterprise are considered part-time work.
The division between the two services into primary and secondary employment is divided depending on how long you are in a particular job. The organization where the employee spends most of his working time is considered the main one.
The possibility of part-time activities is prescribed in Art. 60.1 of the Labor Code of the Russian Federation. This type of service is regulated by Chapter 44 of the Labor Code of the Russian Federation. It contains:
- Basic rules for part-time work;
- List of required documentation for an applicant for a vacant position;
- Length of working day;
- Payment nuances;
- The procedure for registering and paying for sick leave, vacation or maternity leave;
- What guarantees are provided to a part-time worker?
- The dismissal procedure and its features.
The employment contract with the employee must specify the type of activity: main job or as a part-time worker. The number of combined contracts for one employee is unlimited.
Types of employment
There are two types of part-time work:
- Internal. An employee works at one company, but at the same time performs different functions. In employment agreements, the same organization acts as the employer. The option is quite simple to design and comfortable for both parties. A person actually has one place of work, but performs several job functions. There are also no difficulties with registering a work book, since it is stored in both work options in one place. Another advantage is that there is no need to re-assemble the package of necessary documentation; the employer can independently make duplicates of the necessary papers.
- External. In this situation, the employee enters into two employment contracts with different companies. Accordingly, the workplaces will be located at two different addresses. This option is much more complicated than the first and requires separate paperwork for employment. Yes, and there may be problems with granting sick leave or vacation.
The current legislation of the Russian Federation allows both options for combining activities, so the right to choose remains with the employee.
When combining positions is prohibited
Some categories of civilians cannot officially work two jobs at the same time. It refers to:
- For minor children. They work only in one place and receive additional benefits.
- People doing hard work. They expend a large amount of physical effort to perform their job duties, and they need time to recover.
- Employees working in hazardous industrial production.
- Other categories of citizens. In Art. 282 of the Labor Code of the Russian Federation states that, in addition to the Labor Code, the activities of some employees are controlled by other regulatory documents, which may contain a ban on combining activities. Employees of the prosecutor's office cannot combine service and earn extra money; police; judges; deputies; employees of the Central Bank of the Russian Federation, etc.
Sometimes working two jobs at the same time is officially acceptable, but with some reservations. For example:
- The director of an enterprise can be a part-time worker in another organization, having permission to do so from the owner.
- Athletes or coaches combine positions only after obtaining permission from higher authorities.
An important point when finding a part-time job is the availability of free time from your main activity to perform job duties. Accordingly, it is officially possible to work two jobs only if the schedules do not coincide (for example, a rotational employment method).
How many rates can one person work?
Labor legislation does not place restrictions on the number of additional jobs. Each person focuses on his physical capabilities and health status (relevant for pensioners).
Employment is allowed at ½ rate or for an hour per day at the rate of 0.1 rate. Thus, an employee can be employed simultaneously in four organizations. The main thing is that the total number of additional working hours does not exceed the standard established by law (no more than four hours).
Art. 284 of the Labor Code of the Russian Federation states that in his free time a citizen can work at additional work full time (eight hours) and receive a full salary for them.
There are restrictions regarding the standard working hours for the main type of activity. Part-time service should not occupy more than ½ of this norm (no more than twenty hours per week).
Registration procedure
An employee is employed at his main place of business according to the “classic” scenario:
- Drawing up and signing an employment contract, which reflects the nuances of the upcoming cooperation;
- Upon reviewing the list of job duties, the employee must sign this list;
- An order for employment is issued;
- Based on the order and agreement, an entry is made in the work book. It is kept by the HR employee until dismissal.
When applying for an additional job, you do not need to provide a work book; you must have with you:
- Passport of a citizen of the Russian Federation or other document confirming the identity of the applicant for the position;
- Education document;
- Certificate from main job indicating the type of activity.
The registration procedure is standard:
- Signing an employment contract, indicating information that the activity is carried out “part-time”.
- The employee is given a list of responsibilities, he signs a document stating that he is familiar with them;
- Drawing up an order for employment.
Since the work book is located at the main place of work, only the employee decides whether he needs a record of additional employment.
How to work: using one or two work books
You can get two jobs at the same time using one book.
A work book will be required when applying for a primary job. It may not be provided to enterprises where you work part-time. Sometimes the employer asks to confirm the employee’s experience and length of service, then you will need to take a copy of the work book, certified by signature and seal, from the main job.
The Labor Code of the Russian Federation does not prohibit an employee from working with two work books, but negative consequences are possible:
- The emergence of difficulties with the tax service;
- Fraud charges and penalties;
- Difficulties in applying for a pension and calculating the total length of service;
- Negative reaction from the employer.
The law does not stipulate that an employee must notify the main place of work about the presence of additional activities, but in order to avoid further problems it is better to do this.
Conclusion
Officially, you can work two jobs at the same time, the main thing is to correctly calculate your energy and time. Remember that unofficial activities are fraught with risks; it is better to formalize everything according to the law, receive guarantees and protection from the state.
Source: https://sudpristav.ru/trud/ustrojstvo/mozhno-li-rabotat-na-dvux-rabotax-oficialno.html
Part-time ratio
Many employees are internal part-time workers. But the presence of a large number of them can indicate not only the desire of people to work, but also a banal shortage of personnel. To determine whether an organization is staffed, it is necessary to calculate the part-time ratio using the following formula:
Part-time ratio = N positions / N actual employees
For example, the hospital employs 70 junior medical staff. At the same time, the state provides 90 employees in such positions. After carrying out the calculations, you can get the following result: 90/70 = 1.29. This figure shows how many wages each representative of this category works on average.
The maximum permissible value is 1.5, while the manager should be wary of an indicator of 1.4 or higher, since it indicates significant overwork among the staff.
The labor inspectorate is alarmed by this value, since it may indicate that the staff agreed to part-time jobs due to manipulation by management or because of a hopeless situation when there is no one else to take the position.
In order to prevent this from happening, the organization's management must staff in such a way that only those employees who really want to work part-time work. And, of course, they can afford such work without harm to their health.
Part-time workers - personnel issues
In general, the law protects part-time workers in all aspects of their life at the enterprise.
- Vacation . A part-time worker has the right to go on leave from both jobs at the same time. This gives you the opportunity to take a break from both jobs at once. Employers cannot prevent this.
A part-time worker has the right to leave from a non-main job, even if he has not yet worked the required six months.
- Sick leave . In case of internal part-time work, the employee is required to submit only one sick leave certificate, in case of external part-time work – two. The second document notes that it is intended for part-time work and indicates the details of the main sick leave. Thus, each employer calculates and pays “its share” in proportion to the time worked;
- Business trips . As a general rule, an employer can send an employee on a work assignment at almost any time. In the case of part-time workers, there is a limitation - travel is possible only during time free from the main place of work.
- Dismissal . To dismiss a part-time employee, you can use the same grounds as for dismissing a main employee. As a general rule, a part-time employee cannot be fired if he is on maternity leave, on vacation or on sick leave.
What is external part-time work?
A person does not need to obtain special permission to find employment in other organizations. The main thing is to have free time from performing duties at your main job.
The law does not limit the number of additional work places. This decision is made only by the employee himself, based on his desires and capabilities. At the same time, you need to understand the difference between internal and external part-time work, as well as combination. The difference lies in the place of work. In the first case, the work is carried out with the same employer, and in the second - in a different company. As for combining, it means expanding responsibilities or having an additional position, but during working hours.
Is an application necessary?
Previously, the application served as the basis for starting to perform labor duties. However, at present this is no longer required, since the basis is the employment contract itself, as well as an order for external part-time work at 0.5 rates (0.25 or 1 rate) issued by the manager. An employment contract records both the employee’s will to work under certain conditions and the employer’s will to provide a specific employee with work.
True, if we are talking about service in state or municipal bodies, then an application will still be required. The manager must endorse it, and personnel officers must put the appropriate official notes.
Salary
The Labor Code of the Russian Federation states that part-time employment is paid in exactly the same way as the main one.
There are no special features in this case. A person works a certain number of hours or days and gets paid for it. The only difference is that he works a little less, which is why his earnings may differ slightly. If payment is made not for hours, but for work done, the calculation is based on the amount of work the employee does. For example, if a cleaner has to clean three rooms during her working time, it doesn’t matter whether she did it in an hour or four. In any case, the work is paid in full.
Important! Part-time workers can apply for allowances, rewards and incentives, just like employees of the main job. All this must be regulated by agreement and legislation.
Another important note is that the employee should not receive less than the minimum wage established in the region. This condition only works if the employee has duly worked all the hours assigned to him.
The employer must remember that he is not relieved of his obligations to provide insurance and social benefits if he hires a part-time employee. The same rules apply here as for regular employment. In the event of pregnancy, the obligations begin to apply only when the employee has already worked in his position for more than two years. This is a mandatory period of service.
We should not forget that a person can get sick. In the event that the part-time job is internal, one sick leave is taken, because it needs to be attributed to only one manager, despite two positions. If the part-time job is external, you will need two sick leaves, because they must be submitted to two different companies. Sick leave for additional work is processed in the same way as for the main one.
Algorithm of actions
Step-by-step, full-time external part-time employment looks like this:
- An employment contract is concluded between an employer and an employee. It contains information about the part-time mode, as well as the salary. The corresponding amount is paid in full, regardless of the established rate. The contract must also reflect the fact that payment is made in proportion to working hours or according to other conditions.
- A hiring order is issued. This document can take different forms, including those developed independently. It should also indicate information about the conditions of external part-time work, as well as payment according to the time worked.
- A personal card is created for the part-time worker. For this purpose, form No. T-2 is used. Information about the length of service may not be indicated here, since it is not necessary to present a work book when applying for part-time employment. However, in the case of illness, data may be required to accrue sick leave. This is why a copy of the work record is provided.
This is what an external contract looks like. The sample contains information about the work of an accountant, but is also suitable for any other specialties.
Results
The length of working hours for part-time work is established by the Labor Code of the Russian Federation and other regulatory legal acts for different categories of workers. The employer should keep strict records of it to prevent exceeding the norms established by law.
You can learn about unified forms for recording working hours and download their forms on our website:
- “Working time sheet according to form T-12 (form)”;
- “Working time sheet - form T-13 (form).”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Business trips
Can part-time activities include business travel? How is this ultimately calculated? The questions are interesting, because a business trip usually involves a trip to another city, and the employee has two jobs. In theory, an employer can send an employee on a business trip if it does not interfere with the main activity. The work trip must take place during free hours.
Sometimes a business trip lasts longer than free time at your main place of work. Such issues are difficult to resolve, because the only solution is a vacation, which a boss in a permanent position may not give, because he does not care how many positions his employee holds at the same time. The legislation of the Russian Federation does not regulate these situations, so employees and employers must resolve them independently.
Decor
When registering, the employee must confirm the availability of the main workplace. But at the same time, he does not have to provide the original work book. The remaining conditions for registering a part-time job are of a similar nature, namely:
- It is indicated that the employment contract is concluded part-time.
- Information about part-time work, weeks, time for performing duties, and a special schedule, if any, is indicated.
An entry may or may not be made in the work book. This is done at the request of the employee.
Full rate
In some cases, external part-time work is allowed on a full-time basis. In this case, a citizen may be released from performing work duties at his main job in whole or in part. For this purpose, an additional agreement is concluded, which becomes an integral part of the employment contract. It specifies the period and grounds for permission to work part-time for a full working day. In this case, for the device under the appropriate conditions, a document from the main work is required.
So, a school teacher has a long vacation. Let's consider an example in which a conditional citizen V.I. Ivanov decided to get another job while on vacation. To do this, he received a certificate from the school, which confirms that V.I. Ivanov is on leave from his main job. During this time, the teacher was employed on the basis of a fixed-term contract as a tour guide at the museum.