Part-time work without a main place of work
Part-time work is additional work, which is documented in a separate employment contract. The employee works either in the main organization or with another employer. The main feature of a part-time worker is that he performs his work duties in his free time from his main job (282 Labor Code of the Russian Federation). For part-time work, a working time limit is set - half of the norm. If for a five-day working week the standard time is 40 hours per week, then for an additional one - no more than 20 (
What does the law say?
The work responsibilities of a part-time worker are carried out during free time from the main job (Article 282 of the Labor Code of the Russian Federation).
The Code sets a maximum limit for additional work - half the standard working time. If activities at the main place of employment are suspended, the working hours of the part-time worker are not limited.
In some cases, part-time work is carried out without the main place of work, if the employee terminated the contract at his permanent place of employment and did not warn the employer about this upon hiring.
The initiative to change the terms of a part-time contract comes from the employee.
If the employee does not apply to the manager with a request to change the form of the contract, the employer does not have the right to unilaterally change the part-time job to the main place of employment.
An employee quits his main job
Dismissal from your main job does not mean that the part-time job will now become the main one, and the contract with the part-time job will become the main contract. In this case, it is possible to change the terms of the contract only if this is the desire of both parties - both the employer and the employee. If both parties agree, it is necessary to register the employee as a main employee. You can do this in one of two ways:
- Terminate the contract with a part-time worker, and then hire him by concluding a new employment agreement;
- Conclude an additional agreement to the current contract.
In our case, it is impossible to register an employee by transfer, since the transfer implies a change in job responsibilities or place of work (72.1 of the Labor Code of the Russian Federation). But in our case, the contracts will differ only in terms of work, and the employee’s place of work and responsibilities remain the same.
Working hours of external part-time worker
Since part-time work is performed in free time from the main job, it is believed that external part-time work should not exceed four hours a day. True, it is allowed to work full time if the main job has a day off or vacation, but it is necessary to strictly take into account the number of hours worked - they should not exceed the time spent on the main job.
If, for example, an employee works one hundred and sixty hours a month at his main job, external part-time work cannot last more than eighty hours a month.
Termination of a contract with a part-time partner
Having chosen the first option of registering the main employee, first you need to fire him. In this case, it is necessary to decide by what procedure the dismissal will be carried out: on the initiative of the part-time worker himself or his employer.
When leaving on the initiative of a part-time employee, he will be required to write a statement. It is not necessary to submit it two weeks in advance, since in case of an agreement with the employer, the employee will not have to work and the employer will not have to look for a replacement.
If the initiator is the employer, then the basis in this case will be the hiring of an employee for whom this place of work will be the main one. In this case, a two-week work period will also not be required. In practice, the entire process of transitioning an employee from a part-time job to a full-time job takes only two days. One day is required for dismissing an employee, and the second for hiring.
Based on the applications, personnel officers issue orders, one to terminate the contract with a part-time worker, and the second to hire the main employee.
Important! If a part-time worker had a record of part-time work in his employment record, it is necessary to make a record of dismissal.
Step-by-step instruction
The courts often side with the dismissed person; to avoid this, the manager needs to carry out the procedure in a certain way. First of all, you need to record the fact of absence. The easiest way to do this is in the time log (if one is kept). At this time, attempts are made to contact the part-time worker. If they are unsuccessful or the reason for absence is unexcused, a report is written addressed to:
- head of department;
- the head of the entire organization;
- head of personnel.
This is an optional requirement, but desirable. Next, a free form truancy report is drawn up. It should be taken seriously, since it is he who is carefully studied by the court.
The most difficult thing is to collect evidence of violation. As such, you can use recordings from video cameras (an act is also drawn up on them), witness testimony, and recordings of telephone conversations.
It is still advisable to wait for the intruder to appear. Written explanations about absence from work are taken from him. If he refuses to do this, then the decision is recorded in writing in the presence of witnesses.
If a part-time worker does not show up for work, it is very difficult to fire him for absenteeism. It is best to wait for him to appear, as he may be absent for valid reasons. If this lasts a long time, then the employment contract may be terminated for other reasons (not due to absenteeism).
The employer can send a registered letter to the part-time worker with a notification asking him to explain the reasons for the loss, or personally come to his home. Conversations with close relatives or neighbors are allowed.
Entry in the work book
The entire process of registering a part-time employee as the main employee is not too complicated; difficulties can only arise when filling out the employee's work permit. An entry such as hiring a part-time worker is not always included in the employment record. It all depends on the wishes of the employee himself. If he wants, he can ask his employer to make such an entry. The main right of entry in the book belongs to the employer at the main place of work.
If there is no employment record, then difficulties should not arise. The employer will simply make a new entry regarding the employment of the main employee. If there was an appointment record, then you will need to additionally make a note that the employee was fired, and only then about his hiring. In this case, the basis for dismissal will be the first order, and for employment - the second.
However, there are also situations when a part-time employee is first registered in the labor register, then hired to the main place of work and dismissed from the main place of work. In this case, the employer should remember that the entry of a part-time worker is made only at the request of the employee, and if the chronological order in the entries is not observed, there is nothing wrong with that.
Forced dismissal
Termination of the contract is possible for several reasons. All of them are spelled out in Art. 80 Labor Code of the Russian Federation. Conventionally, they can be divided into several groups. Depending on the initiator, dismissal is possible:
- at your own request;
- at the initiative of the manager;
- by mutual agreement.
The employer has a limited number of grounds for dismissing a part-time employee. Violations of discipline in the form of tardiness and absenteeism are one of them. The employer must prove the fact of the violation and record it in a certain way.
Not all managers know how to fire a part-time employee for absenteeism if he does not show up for work. In Art. 81 of the Labor Code of the Russian Federation sets out the requirements for this term. It is understood as being absent from work for more than four hours in a row or for the entire shift (its duration does not matter).
Truancy is also:
- unauthorized leave on vacation or day off;
- disappearance after writing a letter of resignation;
- leaving before the end of the contract;
- in the case of an open-ended contract - leaving the place without good reason.
The last point does not have clear criteria and is therefore interpreted at the discretion of the manager. It usually means temporary incapacity for work with a sick leave certificate or a summons to the employee to appear in court.
The employee hid the absence of his main place of work
Unfortunately, in practice there are also situations when, when hiring a part-time employee, the fact that there is no main place of work is hidden. What should the employer do in this case, since the employer does not have the right to demand that you show your employment record when applying for a job. It is also impossible to establish this fact on your own. This is most often done with the goal that the employee is given a part-time working day, for example, I don’t kiss, I’m only half the rate. Of course, without the main place of work, the very fact of part-time work loses its meaning, that is, it should not exist, but despite this it occurs quite often. The employee begins to worry only when he is required to submit a labor document to certain authorities, which must be certified by the main employer. They are required when applying for foreign passports, visas or loans. Since the labor rules stipulate that only the main employer should fill them out. Difficulties also arise when applying for leave, since a part-time worker goes on leave at the same time as the leave granted to him by the main employer.
What should a part-time manager do?
In order to avoid problems with the authorities involved in monitoring the implementation of the provisions of the Labor Code, when hiring a citizen, the employer must receive from him an application containing the line: “I ask (full name of the applicant) to hire a part-time/part-time job...”.
IMPORTANT:
The job application is an optional document. An official document confirming the fact of labor relations between an organization and a citizen is an employment contract. Therefore, when hiring employees for a position that involves a combination of jobs, the head or responsible employee of the personnel department must receive an application containing the specified line.
If in the future it somehow turns out that a citizen employed part-time does not have a primary place of employment, then if there is an application with the specified line from the regulatory authorities there will be no claims against the employer.
Under such circumstances, three outcomes are possible:
- continuation of the citizen’s activities as a part-time worker;
- concluding a full-fledged employment contract (possible only with mutual consent of the citizen and employer);
- dismissal of a part-time worker (you must follow the standard algorithm: 2 calendar weeks notice and mandatory work).
IMPORTANT:
The absence of a primary place of employment is not a legal basis for the dismissal of a citizen working part-time. There is only one such basis: the filling of the position held by a person with whom a full-fledged employment agreement was concluded.
Automatic requalification of a combination agreement into a full-fledged employment contract is impossible, since any cooperation is possible only with the mutual consent of the applicant and the employer.
Employee actions
In this case, there is only one way to solve the problem - inform the employer about everything. The employee will be transferred to the main one, all entries will be entered into the labor record, and, if necessary, he will be given part-time work. In essence, the employee’s work activity will not change, only the fact that the work will become his main job will change. There is also no need to be afraid of dismissal, since if the employer was satisfied with part-time work, in which the employee worked only half of the normal working hours, then most likely he will be satisfied with part-time work (
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.
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.
