After making sure that a particular employee can perform part-time work, an agreement is concluded with him, and a note is made in work book.

One of the ways to overcome the crisis is to look for a part-time job, which will increase your income and protect yourself from lack of money. However, a person can only have one basic workplace, and all others are registered as part-time jobs. This means that the work is done in free time.

And although theoretically you can be a part-time worker in two or three companies at once, most often only one additional position is selected. If you are looking for a part-time job, how to apply for it correctly is a question that needs to be resolved correctly.

Correct relationship design:

1. Employment contract. According to Article 282 of the Labor Code of the Russian Federation, the signing of an agreement between the parties is mandatory.
2. Indication of part-time work. Both in the contract and in the work book there must be a note about this circumstance.
3. Compliance with restrictions. In some cases, part-time work is not possible (for example, if the head of the company is not given appropriate permission by the body authorized to make decisions or by the owner of the property).
4. Length of the working day. According to Article 284 of the Labor Code of the Russian Federation, it cannot be more than 4 hours daily. But if an employee is suspended from his main job or suspended until his salary is paid, these restrictions do not apply.

It should be noted that the maximum working week for a part-time worker cannot exceed half the standard time established for given working conditions. Thus, for the vast majority of applicants, the norm is 80 hours per month (20 hours per week).

The following documents are required for employment:

1. Identity card (passport, residence permit);
2. Insurance certificate (for paying contributions to the Pension Fund);
3. Confirmation of specialized education (if necessary to perform the work);
4. Information about working conditions at the main job;
5. Information about military registration (if the person is subject to compulsory conscription or is in service).

On the beginning of the relationship, an order is issued in form T-1, which must be brought to the attention of the employee.

Features of payroll

The law establishes that payment is calculated according to the terms of the contract. In addition, all increasing coefficients provided for specific operating conditions (night time, holidays, etc.) are subject to application.

Features of providing leave

Annual leave part-time workers are provided simultaneously with the place of their main employment. If 6 months have not passed since the date of registration, the employer is obliged to let the person go on vacation “in advance”; he has no right to refuse. If the main job has more vacation than the additional one, the part-time worker has the right to cover the difference through vacation at his own expense. This request cannot be refused.

Additional grounds for dismissal

If the employer selects a permanent employee for the vacancy, he has the right to terminate labor relations with a part-time worker. This requires notice 2 weeks before the proposed dismissal. It should be noted that the above is true if the contract between the parties is concluded for an indefinite period.

In case of staff reduction, part-time worker, if available permanent place doesn't get work severance pay in the amount of monthly income, and also does not receive average monthly earnings for 2 months from the date of dismissal. Thus, it is much easier to reduce a position, which is often abused by employers.

In case of dismissal, both salary and compensation for unused vacation. If there is a dispute between the parties about the amount, the employer is obliged to pay the amount that it does not dispute.

A number of categories of persons are not allowed to work together:

1. Children under 18 years of age;
2. Employees of organizations with harmful and dangerous conditions;
3. Transport drivers (if part-time work involves performing similar duties);
4. Security guards and managers of private security organizations;
5. Civil servants (as well as judges, police officers, prosecutors, etc.), military personnel, a number of categories of employees of the Bank of Russia, lawyers;
6. Heads of organizations (in the absence of permission from the authorized body of the company, the owner of the property);
7. Teachers, doctors, pharmacists, cultural figures.

Resume

Thus, the topic considered is well developed both in theory and practice, so the number of disputes and collisions is reduced to a minimum. Of course, the legislator cannot provide for absolutely all situations, so problematic issues arise from time to time. We recommend that applicants carefully study the contracts they sign and do not make important decisions without prior legal advice.

When hiring a part-time worker to your company, the employer should know the stages and nuances of employment, the list of specific documentation, as well as the algorithm of actions when canceling an employment contract.

In addition, there are some categories of workers who do not have the right to be part-time workers or have some restrictions.

In terms of timing, such a document can be of 2 types:

• urgent (Article 58 of the Labor Code of the Russian Federation);
• unlimited (Article 59 of the Labor Code of the Russian Federation).

At the moment, workers can be internal and external part-time workers. Such an employee works only outside working hours. He receives a salary and works only under an official contract.

External and internal part-time employment - what is the difference?

Everyone employed in the Russian Federation has the right to be both an external and an internal part-time worker. His hiring occurs in the same way as an external one.

An internal part-time worker is an employee who performs 2 or more jobs in 1 company, and an external part-time worker is an employee who works in different companies.

Internal

Being an internal part-time worker, the worker works for the same director of the organization who has his main job.

So, Ivanov V.V. is a labor teacher at school No. 7, and after school he works as a janitor. This is an internal part-time job, because Ivanov works in 2 specialties in the same school institution.

External

External part-time worker - a worker works for a manager for whom he does not work at his main job. In such a situation, the employee does not receive a work permit from the employer or legal entity.

Permission to perform labor duties as external part-time worker Only the following workers should receive:

• directors of companies (Article 276 of the Labor Code of the Russian Federation);
• members of the company administration (Article 281 of the Labor Code of the Russian Federation);
• a citizen involved in professional sports and a coach (Article 348.7 of the Labor Code of the Russian Federation).

Prohibition on registration of part-time jobs

In Art. 282 of the Labor Code of the Russian Federation states that a worker cannot be a part-time worker and a ban is imposed on the employee if the following conditions are met:

• the worker is not yet 18 years old;
• works in a company with dangerous or poor working conditions;
• the worker drives some kind of transport for work (for example, a taxi driver);
• in other situations that are specified in detail in the Labor Code of the Russian Federation.

A part-time worker works in one place both for the same and for different employers. The following workers cannot be:

• judges;
• law enforcement officials;
• ministers of the government of the Russian Federation;
• lawyers;
• intelligence officers who work in the SVR;
• civil servants;
• military;
• other civil servants.

Before concluding a part-time contract, the director of the company must find out about the citizen’s place of work in order to prevent violation of laws.

Restrictions when applying for a job

For part-time workers there is a limitation on working hours. They can work 4 hours a day as a maximum (Article 284 of the Labor Code of the Russian Federation).

The duration of a working day for 1 month cannot exceed the duration for 1 month for the main priority work.

The working hours of part-time workers are not limited in the following situations:

• if the employee temporarily stopped working in his first position (Article 142 of the Labor Code of the Russian Federation);
• if the employee was removed from his original position (Article 73 of the Labor Code of the Russian Federation).

On weekends, the worker performs his duties 9 hours a day (full working day).

Necessary documentation for external and internal part-time employment

In order to become an external part-time worker, the worker must provide the following documents to the personnel:

• your consent to perform your duties;
• ID card and its photocopy;
• photocopies of your training diploma (if needed);
• a certificate from 1 place of work (in particular, from a company where there are dangerous working conditions for humans);
• extract from the work book;
• other documents (in particular, TIN).

In order to become an internal part-time worker, you only need to provide the HR department with your consent.

Part-time employment - sample order

The internal order is drawn up by the personnel department according to the special form T-1, which is established in Resolution of the Russian Federal State Statistics Service No. 1 of January 5, 2004.

This happens only after a contract has been concluded between the employer and the new employee.

Step-by-step instructions for applying for a second job

When applying for a job, a future part-time worker performs the following actions:

• draws up a statement to in writing and provides the future employer with all documents (identity card, TIN, training diploma, etc.);
• carefully studies local legal acts;
• signs a contract with the following entry “on part-time basis”. The contract specifies a different number of labor hours per day and other nuances;
• after signing the contract, the worker receives 1 copy of it;
• the company administration issues an order, after which the new worker goes to workplace within the period specified in the contract.

After adding a new part-time worker to the company’s staff, the personnel officer makes an entry in the work book at the request of the worker, and also draws up a personal card or draws up a personal file.

Sample application for employment of a part-time worker

The application for registration for part-time work must indicate:

• Full name of the employee;
• employee's place of residence;
• Full name of the head of the company;
• the day on which the employee will start working;
• job title;
• a list of specific attachments to the application;
• working conditions;
• additional information.

Differences in employment for newly hired and existing employees of the company

For newly hired workers

The procedure for applying for a part-time position for newly hired, dismissed or transferred employees is established in the Labor Code of the Russian Federation. In this case, the citizen of the Russian Federation performs the following actions:

• gives HR officers an identity card and its photocopies, training documents, etc.;
• submits a certificate from the company to the personnel department - from the main workplace (for example, when working in a company in which it is harmful to work, when driving a car, etc.).

For workers in the company

In order to become an internal part-time worker, the worker does not have to provide HR officers with photocopies of his passport and training diploma, because the HR department already has such information.

However, an internal part-time worker provides other documents to personnel officers in the case where the 2nd position implies a different profession.

Part-time employment - entering data into the work book

The personnel officer records information about employment in the part-time worker’s work book at his request. This happens at 1 worker’s workplace.

Entering data about an employee into the labor record takes place according to the rules that are prescribed in the Resolution of the Ministry of Labor dated October 10, 2003 No. 69 and the Government of the Russian Federation dated April 16, 2004 No. 225.Z

In such a situation, the personnel officer performs the following actions:

• finds in personal file the worker's work book;
• In the employee's employment record, he finds a record of enrollment in the company's staff. In most cases, it belongs to the last director of the company for whom the worker works and for whom he wants to work in combination;
• Without deviating one line from the last entry, the employee puts down in the left column the number that follows immediately after the previous one in the entry;
• further, the personnel officer sets the date for registration of the employment record;
• then he fills in the main line, which contains information about the enrollment of a Russian citizen into the company's staff. In this he makes the following entry: “Hired part-time for such and such a position.”

The fact that he does not indent a line from the last entry and does not indicate information about the new employer suggests that the worker is an internal part-time worker;

• Then the personnel officer puts the number and the specific day the order was drawn up. In most cases, the order is issued before the employee’s data is recorded in the labor record;
• then he puts the company's seal in the work book and receives the signature of the employer and his deputy.

This concludes the registration of the worker’s work book. Below we discuss in detail the procedure for recording data in the work record of an external employee.

External part-time employment - entering data into the work book

When hiring an external part-time worker, the HR officer performs the following actions:

• takes the worker’s work book from the personal file and opens it on the double page where information about the main workplace was most recently written;
• retreats exactly 1 line from the last entry and begins to fill out the labor one;
• in column 1, enter the entry number (in order);
• in column 2 records the date of registration;
• in column 3, the HR officer indicates the name of the new company where the external part-time employee now works. For example, “Winnie the Pooh LLC”;
• on the next line, the personnel officer writes: “Hired based on the fact of holding such and such a position”;
• then he indicates in column 4 the date of preparation and the number of the order, and also puts the employer’s signature and seal.

As a result, there is nothing difficult in registration, but most personnel officers make many mistakes in this simple matter.

Part-time employment at 0.5 rate

A part-time worker can also work part-time.

Orders to enroll a worker on a part-time basis are issued in the following situations:

• when the full rate of a job unit is removed from the company’s staff, and there are 0.5 job units. In such a situation, employers employ the main worker, or part-time worker (internal, external);
• when 1 position rate is divided into 2 people (1 and 2 employees receive 0.5 rates each). Situations may be different (one part-time internal worker at 0.5 times the rate, another external part-time worker).

When employed part-time, an employee submits the following documents to the personnel department:

• passport or other document that identifies a person;
• a diploma of education or vocational training or correctly certified photocopies (when registering as a worker, which requires special knowledge);
• a certificate of working conditions for 1 workplace (when applying for hard work, in a company that has harmful and unsafe working conditions);
• SNILS (plastic card);

Before becoming a part-time worker, the employee does not show the work book to the staff.

When hiring a citizen of the Russian Federation, personnel officers draw up a contract, which must stipulate that the work is considered a combination.

Based on the contract, personnel officers draw up an employment order.

Issuing a well-drafted order for enrollment is just as important as filing a lawsuit in court.

Applying for a full-time job

When applying for a job, the future employee writes an application for part-time work, which is then signed by his employer.

The contract has the same form as when joining the staff for the main position. However, the personnel officer indicates the following information in it - the worker works part-time.

At internal alignment There is no need to provide HR officers with your passport and training diploma again.

With internal combinations, HR officers often manage without drawing up a new contract. In such a situation, the personnel officer draws up an additional agreement.

The director of the company concludes an additional agreement with the employee if the employee combines his main job in the same specialty.

When recruiting internal part-time workers, HR employees draw up both fixed-term and indefinite contracts.

Employee consent

Based on the written consent of the future part-time employee, personnel officers enter into a specific contract.

You can view a sample agreement below:

External part-time employment under a fixed-term contract

According to Art. 58 of the Labor Code of the Russian Federation, a part-time contract is concluded for any period or up to 5 years as a maximum (fixed-term contract).

Temporary

In case of temporary combination, the future employee signs a fixed-term contract with the director of the company for a specific period of up to 5 years.

Work part-time fixed-term contract possible in the following situations:

• if the worker performs temporary and seasonal part-time work;
• if the employee is undergoing an internship or training;
• until an employee who is absent appears at the workplace;
• when earning money abroad or in the North;
• when eliminating the consequences of emergencies or emergencies;
• if the company employs less than 40 people;
• in other activities that are temporary in nature. In this type of work, it is difficult to determine a specific duration of the contract.

Permanent

In case of permanent combination, the worker enters into an open-ended contract with the employer.

Such an agreement is usually terminated at the request of the worker.

Dismissal of a part-time worker

According to Art. 77 of the Labor Code of the Russian Federation, the employer dismisses a part-time worker on the following grounds:

• if the contract term has come to an end (when signing a fixed-term contract);
• if the employer has found a new candidate for the worker’s job;
• if the employee submitted an application to leave the company on his own initiative;
• if both the director and the employee have reached an agreement to terminate the employment relationship;
• on the initiative of the manager in case of non-compliance with the Labor Code of the Russian Federation on the part of the worker or in case of staff reduction.

At the same time, the director of the company cannot fire a worker who is on sick leave or on maternity leave (for example, when caring for a child, during pregnancy and after childbirth, etc.).

The nuances of part-time employment

When employing a part-time worker, the personnel officer must be extremely careful.

The HR department employee and the future employee must clearly indicate the company name, dates and numbers, etc. in the employment contract.

After hiring a new employee, the director of the company submits information to the following authorities:

• to the commissariat if the worker is liable for military service;
• to the place of previous work, if the employee was a civil servant and was dismissed 2 years earlier (Article 64.1 of the Labor Code of the Russian Federation).

An employee receives money on a card if the company transfers salaries in non-cash form. A new employee can take personal account information to accountants.

The employer cannot refuse an external part-time worker’s request to use his card, even if the company transfers funds to another bank.

At the moment, many employees from the personnel department make spelling mistakes when employing internal part-time workers. Personnel officers make mistakes in job titles, orders and write the wrong dates.

To avoid the mistakes described above, the employer periodically checks the work of its personnel employees.

Part-time work recent years is becoming increasingly widespread. This is understandable. On the one hand, there is a clear shortage of qualified personnel in the market, and on the other hand, there is a desire of employers to get a competent employee at a cheaper price. Part-time work makes it possible to fulfill these two desires. Labor legislation regulates part-time work rather superficially, which entails many questions.

Introductory information

First, let's define the terminology. Very often, two different forms of employee performing additional duties are confused - part-time and part-time. The main difference between them is whether an additional employment contract. When combined, this document is not needed (an additional agreement to an existing agreement is sufficient), but when combined, it is fundamental (Article 282 of the Labor Code of the Russian Federation).

There are other differences too. Thus, combination is possible only within one organization, but part-time work can be both internal and external. In addition, the employee performs part-time work “in parallel” with his main job, that is, within the framework of “one” working time. Whereas part-time work involves working beyond normal working hours. That is why very strict conditions for the number of working hours have been established for part-time work (Article 284 of the Labor Code of the Russian Federation).

So in some cases, it will probably be more profitable to register an employee on a part-time basis - this will reduce the number of personnel documents and eliminate the need to carefully track the time spent working in the second position. Yes, and this approach can help bypass restrictions on part-time work.

Prohibition on part-time work

Let’s dwell on the topic of prohibitions on part-time work in more detail. Speaking about this, we must take into account that in most cases these prohibitions are actually relevant only for internal part-time work, that is, when a part-time work agreement is concluded with the same employer who is the main employer for the employee. The fact is that most of the prohibitions are related to the work already performed by the employee at his main place. And according to the rules for hiring part-time work, an employee is not obliged to provide the employer with a work book or other information about his main job (with the exception of hiring for harmful and dangerous work, when Article 283 of the Labor Code of the Russian Federation obliges to require a certificate from the employee). This means that the employer, even if he or she wishes, will not be able to control the legality of the employee’s employment.

However, in order to completely protect yourself from claims from regulatory authorities, when applying for external part-time work, we recommend that you fill out an employment application, a separate paragraph in which will indicate that the employee does not have grounds that make part-time work impossible (directly listing all these conditions; see below for more details). Accordingly, by signing such a statement, the employee relieves the organization of responsibility for his unlawful hiring.

Work book of a part-time worker

By general rule, part-time work is not reflected in the work book. Indeed, according to Article 66 of the Labor Code of the Russian Federation, in order for a part-time job to be included in the work book, the employee must take the initiative. To do this, he must bring to his main employer an employment contract for part-time work and a job order certified by the “part-time” employer. In addition, he must write an application requesting that this information be entered into the work book.

However, the procedure for making such an entry is very sparingly prescribed in the legislation (the last paragraph of clause 3.1 of the Instructions, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69). A further fate This entry when an employee is dismissed from his main job is generally covered in fog. Therefore, we recommend making an entry in the work book about part-time work only if the employee really insists on it. And first, the employee must be explained that he may have problems finding employment in another job, since upon dismissal from the main employer, the record of part-time work will not be “closed.”

Dismissal and change of status

Another, perhaps the most significant, layer of issues related to changing the status of a part-time worker is closely related to the procedure for registering a work book. Let's consider possible situations.

Situation 1. The part-time worker quit his main job. The main question here is whether he can continue to work part-time in this case? The answer will be positive. The fact is that although the very definition of part-time work, given in Article 282 of the Labor Code of the Russian Federation, implies that a part-time worker also has a main job, the Labor Code does not provide for such a basis for dismissing a part-time worker as his dismissal from his main place of work. This means that the employer has no legal grounds for terminating the employment contract with a part-time worker in this situation.

Situation 2. The part-time worker must be registered for the main job. In this case, the first thing the part-time worker needs to do is quit his main job. After all, to get hired for your main job, you will already need a work book, “closed” by the previous employer. Further registration of the work book by the new employer is no different from hiring an employee “from the street” - the organization’s stamp is affixed and a record of employment is made indicating the position, order details, etc.

But in this case, personnel documentation can be drawn up in different ways. The first way is to conclude additional agreement to the employment contract for part-time work, making it an employment contract for the main job. That is, an order is issued to hire an employee (not a transfer!), and the appropriate changes are simply made to the personal card.

But in our opinion, more the right way registration will still be a complete termination of the part-time relationship with the termination of the contract and the issuance of a dismissal order. And the subsequent hiring of the employee to the main job with the signing of a new employment contract. Let's explain why.

From the point of view Labor Code, part-time work and main work are different in nature and areas of regulation of the legal relationship that arises between the employee and the employer. These relationships are very specific and regulated different standards Labor Code of the Russian Federation (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation). Therefore, in our opinion, it is not enough to formalize the termination of one legal relationship and the transition to another only by order. This means that you need to terminate the part-time contract and enter into a new contract at your main place of work.

Situation 3. The main employee must be made a part-time worker. This situation is essentially a mirror image of the previous one. But, unlike her, different options does not imply the preparation of personnel documentation. This is due to the fact that for such a “transfer” the employer will have to “close” the employee’s work record. After all, only the main employer can keep a work book.

So there is only one option here - dismissal and subsequent hiring. This, by the way, additionally confirms that in the previous case it is better to act in this way.

How much to pay

And at the end of our excursion into part-time jobs, a few words about the remuneration of part-time workers. The most common question here is whether they can be paid more than half the salary provided for in the staffing table? The roots of this issue are that the maximum amount of time that a part-time worker can spend at his workplace is exactly half the weekly norm (Article 284 of the Labor Code of the Russian Federation).

Let's consider this issue in more detail. Article 285 of the Labor Code of the Russian Federation states that the work of a part-time worker can be paid not only in proportion to the time worked, but also on the terms determined by the employment contract. This gives us a formal basis to establish a part-time worker wages in any size - both more than half of the “staff” and less.

However, one must take into account this nuance. Based on the provisions of Article 22 of the Labor Code of the Russian Federation, employees occupying the same position must receive the same pay for their work. It turns out that if, in addition to the part-time worker, the same position is also occupied by the main employee, then establishing an increased salary for the part-time worker will violate the rights of the main employee. Conversely, establishing a reduced salary will violate the rights of a part-time worker. These situations are already fraught with a fine of 50 thousand rubles under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

A solution here could be, for example, an introduction to staffing table a separate position, which will only be occupied by a part-time worker.

Who should not be hired as a part-time worker?

According to Article 282 of the Labor Code of the Russian Federation, it is forbidden to hire part-time employees under the age of 18 (the employer can obtain this information from their passport), persons engaged in heavy work, work with harmful and (or) dangerous working conditions, if the part-time work is related to such the same conditions (this information will be in the certificate brought by the part-time worker).

Next on the list of prohibitions on part-time work are employees whom the employer can no longer check. These are persons whose work is directly related to management vehicles or traffic control of vehicles, if at their main job they perform similar work (Article 329 of the Labor Code of the Russian Federation), managers (Part 1 of Article 276 of the Labor Code of the Russian Federation), state and municipal employees, judges, lawyers, prosecutors and police officers, military personnel and even security guards (Article 12 of the Law of March 11, 1992 No. 2487-1 “On private detective and security activities in the Russian Federation”).

In addition, heads of state and municipal authorities cannot work part-time. educational institutions, their branches (branches), as well as everyone else teaching staff, together with medical, pharmaceutical workers and cultural workers (clause 1 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical workers and cultural workers”).

Part-time work means that an employee performs regular paid work in his free time from his main job. In this case, a separate employment contract is concluded, which must indicate that the employee is accepted as a part-time worker. An employee can have as many such contracts as desired; the Labor Code of the Russian Federation does not limit the number of jobs for part-time workers (Article 282 of the Labor Code of the Russian Federation).

Restrictions associated with part-time work

Some categories of employees cannot be hired on a part-time basis. For example, minors cannot work part-time. In addition, if the nature of the main job and part-time work are the same, then in some cases part-time work is also prohibited. Thus, an employee cannot work part-time:

• at work with harmful or dangerous working conditions, if he performs his main work in the same conditions (Article 282 of the Labor Code of the Russian Federation);
• a driver if his main job is also related to driving vehicles (Article 329 of the Labor Code of the Russian Federation).

At the same time, the legislation may provide for other restrictions regarding part-time work. For example, employees of private security organizations cannot work in the civil service (Article 12 of the Law of the Russian Federation of March 11, 1992 N 2487-1). And for teaching and medical workers, the maximum duration of part-time work per month has been established (clause 1 of the Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41).

Applying for a part-time job

To be employed, the future part-time worker must provide the employer with a passport (or other identification document), as well as a pension insurance certificate. There is no need to require a work book from him. It must be kept by his “main” employer, and the latter, at the request of the employee, can enter information about part-time work into it.

If a part-time worker applies for a position that requires special knowledge, then he will also have to provide a document on education or qualifications (Article 283 of the Labor Code of the Russian Federation). In addition, depending on the specifics of the work, you may need:

• a certificate from the employee’s main place of work stating that he does not work there in hazardous conditions hazardous conditions labor / does not work as a driver;
• a document confirming the completion of a medical examination;
• certificate of no criminal record, etc.

Employment contract with part-time worker

An employment contract with a part-time worker must be concluded within the generally established period. In other words, no later than 3 working days starting from the day on which he began to fulfill his labor responsibilities (

Often employers have situations when it is necessary to register a part-time employee. For example, it is necessary to temporarily “fill” a vacancy until the main specialist is selected for this position, or to replace one of the staff during a period of long absence (during vacation, sick leave, business trip). And sometimes the organization simply provides the employee with the opportunity to increase his income by performing an additional job function.

Experts from the “My Business” service analyzed and summarized frequently asked questions about registration of labor relations on a part-time basis.

What types of part-time jobs exist?

Part-time work can be:

Internal, in which a citizen works part-time at the place of his main job;

External, in which a citizen works part-time for another employer.

Part-time work is always performed under the terms of a separate employment contract during free time from the main job.

Confirmation: part 1 art. 60.1, part 1, 3 art. 282 of the Labor Code of the Russian Federation.

Does a citizen have the right to work in several organizations on a part-time basis?

The right to work.

A citizen can enter into part-time employment contracts with an unlimited number of employers (Part 2 of Article 282 of the Labor Code of the Russian Federation, letter of Rostrud No. 1378-6-1 dated May 20, 2011).

Accordingly, the organization does not have the right to include in the employment contract with a part-time worker a condition according to which he is prohibited from working for other employers. If the contract establishes such a prohibition, it will not have legal force as it worsens the employee’s position in comparison with current legislation.

Confirmation: Part 2 of Art. 9, part 4 art. 57 of the Labor Code of the Russian Federation.

Require permission from the external part-time worker from the main place of work when hiring?

There is no need to require it, except in certain cases.

As a general rule, an employee does not have to notify the main employer of his intention to enter into an external part-time employment contract. Exceptions to this rule apply to:
- head of the organization;
- athletes and coaches.

The head of an organization can work part-time for another employer only with the permission of the authorized body or the owner of the property (person or body authorized by the owner) of his main organization (Part 1 of Article 276 of the Labor Code of the Russian Federation).

Athletes and coaches are required to submit permission from their main place of work if they take a part-time job as an athlete or coach (Part 1 of Article 348.7 of the Labor Code of the Russian Federation).

Does an organization have the right to hire a chief accountant on a part-time basis?

Has the right to accept.

A citizen can work as a chief accountant for several employers or hold this position for one employer, and in other organizations hold other positions on a part-time basis (Parts 1-2 of Article 282 of the Labor Code of the Russian Federation). Labor legislation does not contain any restrictions for organizations and workers in this regard.

In what order should I apply for a part-time job?

You need to fill it out in the following order.

At the first stage The organization enters into an employment contract with the employee. The contract must indicate that the job is a part-time job (Part 4 of Article 282 of the Labor Code of the Russian Federation).

Before signing the contract, the employee should be familiarized with the Internal Rules labor regulations, other local regulations, directly related to his labor activity, collective agreement (Part 3 of Article 68 of the Labor Code of the Russian Federation).

At the second stage the organization issues an order for employment in form No. T-1 (Part 1 of Article 68 of the Labor Code of the Russian Federation). In the column “conditions of employment, nature of work” you must indicate “part-time”. The order must be familiarized to the employee against signature within three days from the date of actual start of work (Part 2 of Article 68 of the Labor Code of the Russian Federation).

At the third (final) stage the organization fills out a personal card for the part-time worker in form No. T-2.

An entry in the work book about part-time work is made at the request of the employee.

Confirmation: Part 5 of Art. 66 of the Labor Code of the Russian Federation, clause 20 of the Rules, approved. Decree of the Government of the Russian Federation No. 225 of April 16, 2003, para. 7 clause 3.1 Instructions, approved. Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003

What are the working hours when working part-time?

As a general rule, part-time working hours should not exceed four hours a day (part-time). On days when a part-time worker is free from his main job, he can work part-time full time or shift. But in any case, during a month (or other accounting period), he must work no more than half the norm established for the corresponding category of workers.

Confirmation: part 1 art. 284 of the Labor Code of the Russian Federation, letter of Rostrud No. 1378-6-1 dated May 20, 2011.

For example, an employee has a five-day working week. The normal working time is 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation). For a part-time worker, the norm will be half, that is, 20 working hours per week.

In what cases is it not necessary to comply with working hours restrictions established for part-time workers?

There is no need to comply with restrictions on daily and monthly (for another accounting period) working hours if the employee at his main place of work:

Suspended work due to a delay in wages of more than 15 days (Part 2 of Article 142 of the Labor Code of the Russian Federation);

Suspended from work for health reasons with retention of position for a period of up to four months in accordance with Part 2 of Art. 73 of the Labor Code of the Russian Federation (due to refusal to transfer or lack of suitable work);

He is the manager (his deputy), chief accountant and was removed for health reasons while retaining his position in accordance with Part 4 of Art. 73 of the Labor Code of the Russian Federation (due to refusal to transfer or lack of suitable work).

In these cases, the employee can work part-time full time (shift).

A part-time worker can work full-time (shift) on days when he is free from performing work duties at his main place of work. However, in this case, the limit on the maximum monthly norm working hours for part-time workers (standard time for another accounting period): this is half the norm established for the corresponding category of workers.

Confirmation: Art. 284 of the Labor Code of the Russian Federation.

How to formalize the transition from part-time work to the main place of work?

The procedure for such a transition labor legislation not installed.

There are two points of view.

On the one hand, the employer has no grounds for dismissing a part-time worker, since he remains in the organization, albeit in a different capacity. Therefore, in practice, it is possible to register a part-time employment contract without terminating it - by making changes to it. Rostrud, taking into account current practice, gives recommendations on how to draw up a work book in such a situation (Rostrud letter No. 4299-6-1 dated October 22, 2007).

On the other hand, part-time work is the performance of other regular paid work under the terms of an employment contract. Thus, part-time work and main work are different employment relationships. The legislation does not provide for the transformation of a part-time employment contract into a contract at the main place of work without its termination and does not contain examples of entries in the work book for such a case.

Confirmation: part 1 art. 282 of the Labor Code of the Russian Federation, clause 3.1 of the Instructions, approved. Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003

Hassle-free option: Formalize the transition from part-time work to the main place of work through dismissal and hiring. That is, terminate a part-time employment contract (for example, by agreement of the parties, clause 1, part 1, article 77 of the Labor Code of the Russian Federation) and conclude an employment contract with the employee for the main job. At the same time, in the employee’s work book, make the appropriate entries provided for the dismissal and hiring procedures (clauses 3.1, 5.1-5.2 of the Instructions, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003).