How to register an internal part-time employee. How to arrange an internal part-time job? Advantages of part-time work

Part-time work is a form of secondary employment. Guided by the rights granted by the Constitution, citizens have the right to freely and at their own discretion dispose of their labor abilities. Prohibitions and restrictions are possible only in exceptional cases and only when provided for by law. Internal and external part-time work involves working outside of regular working hours. The article we bring to your attention tells how to correctly formalize an internal part-time job, contains a sample employment order, and talks about some current issues.

Internal part-time work: difference from external and from combining professions (positions)

The legislation provides for several ways to work additionally - combining positions, as well as external or internal part-time work. Despite the common legal consequences, these types of labor relations differ in the requirements for their registration. So, when combining, unlike part-time work, a new employment contract is not concluded. The assigned “new” work (combined) is performed within the framework of an existing employment agreement. In this case, the parties can sign an additional agreement to the main employment contract. This, it should be noted, is one of the reasons that a part-time job can be both internal and external (with another employer), but a part-time job cannot be external. When working for another employer, a mandatory requirement will be the conclusion of a new employment contract (with the new employer). And the legislation does not provide for the performance of work duties for different employers within the same time period.

Legal restrictions

Expert opinion

Andrey Leroux

More than 15 years of experience. Specialization: contract law, criminal law, general theory of law, banking law, civil procedure

A number of articles of the Labor Code establish prohibitions on attracting employees to part-time jobs. Yes, Art. 282 of the Labor Code prohibits engaging in part-time work:

• minor workers;
• workers employed in hazardous industries under the main contract to similar work on a part-time basis;
• workers with hazardous working conditions under the main contract, to part-time work, if it also falls into the category of dangerous.

Art. 329 of the Labor Code of the Russian Federation prohibits the involvement of drivers and vehicles and dispatchers in part-time work to manage the operation of vehicles, if the part-time work will also be related to driving vehicles.
In addition to the Labor Code, restrictions on internal part-time work exist in a number of framework laws regulating the activities of certain government agencies. Thus, in accordance with specialized regulations, operational employees of the Ministry of Internal Affairs and its divisions, prosecutors, judges, as well as officials of state and municipal bodies cannot be involved in internal work.

Registration of internal part-time work

Since internal part-time work involves another job, when registering an employee it is necessary to take into account the following main points:

• availability of a position in the staff list,
• the need to draw up a new employment contract,
• issuing a hiring order,
• separate accounting of time worked.

Despite the fact that the staffing table is not mandatory for the employer, it is not possible to conduct business without this document, even if there is a minimum staff of employees. All positions held by employees or those that are planned to be filled must be taken into account in the staffing table. The position for which part-time work is expected must also be in the staffing table.

The only document that, according to the law, is required when applying for a part-time job, especially for an employer, is a document on education. But only in cases where such a document is required to perform such work (for example, according to the job description). Of course, in the absence of such a document in the employer’s personnel department, where it may be in connection with the performance of the main job. Accordingly, the HR officer should already have the remaining documents for the employee.

An employment contract for part-time work is concluded in accordance with the general rules provided for employment agreements. At the same time, in addition to the basic information and conditions that must be included in it, the contract must indicate the nature of the work - part-time work.

This must be done because, firstly, this is a legal requirement, and secondly, certain legal consequences are associated with this condition.

An employee working part-time should not perform work at an additional place of work for more than four hours a day, which is regulated by Article 284 of the Labor Code of the Russian Federation. Due to this temporary limitation on the performance of part-time functions, Article 91 of the Labor Code of the Russian Federation introduces requirements for organizing the recording of working time spent by an employee on part-time activities.

It is worth noting here that in the event of unemployment at the main job, the total working time still cannot exceed the eight-hour norm established by law. In a normal case, at two jobs, an employee would work twelve hours. Since payment for internal part-time work is made in proportion to the working time worked, the additional four hours will also be paid to the employee.

The Labor Code of the Russian Federation relates to the possibility of concluding a fixed-term employment contract. Of course, it is not necessary to conclude an agreement for a period of time and such an agreement can be indefinite. But if the parties decide to indicate the term of the contract, and this is already the rule for fixed-term contracts, then a separate clause in the contract must indicate the basis on which the fixed-term contract is concluded - part-time work.

An order for part-time employment is issued after signing an employment contract and on the basis of the information contained therein. Just as it requires an indication of the duration and nature of the work. If the part-time agreement is fixed-term, you will need to indicate the date of termination of the agreement. Since the working hours of a part-time worker will differ from the working hours of other employees for whom it is established by local regulations (collective agreement, internal labor regulations), the start and end times of work for a part-time worker must be indicated separately. These conditions are also included in the order on the basis of an employment agreement.

The order issuing admission on the terms of internal part-time work must contain the following information:

• Full name of the entrepreneur (name of the employer),
• order number and date,
• Full name of the employee being hired,
• the position for which the employee is hired,
• division (department, section) to which the employee is accepted,
• date of start of work and end of work (for a fixed-term contract),
• duration and working hours,
• probationary period condition
• signature of the individual entrepreneur (manager) in the order,
• signature from the employee confirming familiarization with the order.

The law does not oblige the employer to enter information about part-time work in the employee’s work book. However, by virtue of Art. 66 of the Labor Code of the Russian Federation, he will be obliged to do this if the employee wishes to do so. To correctly formalize internal part-time work, see the sample employment order.

Part-time work for one position: how to register correctly

It sometimes happens that a job position remains vacant for a long time. At the same time, other employees with sufficient qualifications and experience to take this place work in similar positions in the organization. For example, in the economic planning department there is a vacant position for an economist. At the same time, several people occupying the same position of economist work in the same department. In such cases, employers are wondering: is it possible to work part-time in one position, and how to apply for it.

When deciding to accept an employee for a position identical to the one in which he is already performing his job duties, one must keep in mind that the question of the possibility of holding multiple positions in the same positions is controversial. Such uncertainty arose due to the adoption of numerous amendments in 2006 to the Labor Code of the Russian Federation. If in the previous edition this normative act directly prohibited such combinations, then there are disagreements with the interpretation of the modern provisions of the code. The well-known letter of Rostrud dated June 18, 2012 No. 873-6-1 did not change the situation.

The essence of the problem is that, according to labor law, part-time work means that employees perform “other” work. Some specialists understand this term as work under another employment contract, while others mean work involving the performance of other labor functions. The letter from Rostrud only stated the fact that the previous norms have been canceled (Article 98 of the Labor Code of the Russian Federation has lost force), and new ones have been introduced - Art. 60.1 Labor Code of the Russian Federation. This information letter does not provide any interpretation of the newly introduced regulations.

As a result, the employer is forced to act at his own peril and risk. As in every uncertain situation, the employer, when making decisions on part-time work in a similar position, must proceed from the inadmissibility of infringing on the basic labor rights of the employee. The Labor Inspectorate, when conducting an inspection, will carefully evaluate each such case. And if, for example, it turns out that by concluding such an agreement, the employer sought to deprive the employee of the right to increased overtime pay, then the inspectorate will issue a decision to impose a fine. Therefore, in all cases, hiring for the same position must have objective and legal grounds. Such work must be beneficial to the employee and performed with his consent.

Registration of such a part-time job occurs according to the general rules for hiring part-time workers. At the same time, the staffing table must provide for a corresponding similar vacant position. When drawing up an agreement, you need to pay attention so that the start and end times of working hours under the new agreement do not overlap with the hours during which the employee will be busy with his main job. Otherwise, it will no longer be a part-time job, but a combination.

The order form for admission on the terms of internal part-time work can be downloaded on the website.

Any adult Russian can work part-time. The legislation does not prohibit operating in several positions and even in different fields. Such employees are considered full members of the team. They have the same responsibilities as their colleagues, but with some differences. Read on for more details on how to register an internal part-time job at a company.

The essence

If an employee performs tasks not only those assigned to him according to his official salary, but also has additional responsibilities, then he is a part-time worker. That is, he has secondary employment. To register for internal part-time work, the employment must be permanent, paid, and formalized by a contract. If one person performs work in two positions at the same time, then we are talking about internal part-time work. If an employee works for two companies at once, then

Part-time work can be within the same position, but with double salary. In this case, the employee simply takes on additional hours of work.

Legislation

According to the Labor Code of the Russian Federation, any citizen has the right to take on additional labor responsibilities in his free time from work. This type of relationship is called part-time. It means that the employee officially takes on additional responsibilities.

“Combination” and “part-time” are different concepts. In the first case, we are talking about the fact that a person takes on additional hours of work, and in the second, it means that the employee must perform all duties during working hours for additional payment.

Who can NOT become a part-time worker?

Before correctly registering an employee’s internal part-time job, you need to make sure that he is not included in the group of exceptions. The fact is that not every citizen can be a part-time worker. Exceptions include:

• minors (persons under 18 years of age);
• representatives of professions with a high level of responsibility (lawyers, judges, transport workers, security services);
• employees of state and municipal organizations;
• military personnel;
• persons working in difficult conditions;

If a vacancy appears in a company, the employer may offer a specific employee to become a part-time worker. The last word will remain with the employee.

How to apply for an internal part-time job: preparation

Since internal part-time work involves an increase in salary, this type of activity must be formalized on the basis of a written agreement. The Labor Code provides clear instructions for concluding an agreement. First, the interested employee must write a statement addressed to the employer. A sample document can be obtained from the accounting department. Secondly, before registering an internal part-time job with one employer, the HR department may request documents confirming the employee’s qualifications. But they have no right to re-demand a passport or work permit. The employee provided these documents upon initial application.

Agreement

If the application is approved by the director, then a special agreement will be concluded with the employee. It must indicate that the written agreement relates exclusively to part-time work. You should also indicate:

• hours of work for the new position;
• list of responsibilities;
• rest mode;
• procedure for receiving salaries;
• terms of termination of the contract;
• validity period of the document;
• vacation period.

Such a document is valid for a strictly limited time. Upon completion of the specified period, you will need to go through the registration procedure again. Fixed-term contracts are issued for the period:

• seasonal work;
• fulfilling someone else's duties;
• eliminating the consequences of emergency situations;
• work outside the country.

A fixed-term contract can be concluded not only with a part-time worker, but also with employees who:

• perform seasonal work;
• are sent to work abroad;
• works in a small enterprise with up to 35 people;
• are pensioners.

The Labor Code does not stipulate exactly how to include it in the contract. The maximum term of the contract cannot exceed 5 years. As a limitation, the document specifies an end date or a specific event, for example, the departure of an employee or the completion of seasonal work. The wording “Until manager Petrov returns to work from administrative leave”, etc. is allowed.

Additional agreement

Sometimes the combination is formalized by an additional agreement. It cannot exist without a basic contract. Combination involves performing an amount of work beyond the norm during working hours. An additional agreement may be required if part-time work becomes the main job. But in this case, it is more correct to first formalize a complete dismissal, and then accept a new position.

From a legal point of view, signing an employment contract does not assign a new status to the employee. For the changes to take effect, you need to issue an order for internal part-time work.

Order

To properly formalize internal part-time work, you need to issue an order indicating:

• director's passport details;
• number and date of the order;
• employee data;
• Job title;
• work department;
• contract time;
• operating mode, hourly standard;
• link to the main employment contract.

The document must be signed by the director and employee. Each party to the transaction must have its own copy. Three working days are allocated for the registration procedure.

Part-time job

There are situations when a position remains vacant for a long period of time, and the company has employees performing this work with sufficient experience. qualifications and skillset. In this case, you should ask how to register an internal part-time job with one employer for one position.

If the second position is identical, then the issue of part-time work will cause a lot of difficulties due to amendments to the Labor Code. By law, part-time work is understood as the performance by an employee of a process that is different from the position held. That is, both works must be opposite to each other. Therefore, employers arrange this operation at their own peril and risk. If the enterprise comes under inspection by the labor inspectorate, then such cases will be checked in detail. If the inspection determines that the employer deliberately deprives the employee of the right to additional remuneration, then penalties will be imposed on the organization.

To protect yourself from such situations, the manager must rely on objective grounds when registering a part-time job. Working conditions must be beneficial for the employee. It is equally important to complete the documentation correctly so that additional hours of work do not interfere with your main employment. Labor must be paid in the amount of at least 1/2 the salary of an additional position, including all allowances and additional payments. The employee must retain all social benefits and leave, and for both positions.

Limits

The number of places where part-time workers can work is not limited by law. The length of a part-time worker's day cannot exceed four hours a day. If an employee is released from his main job on some day, he will engage in additional activities full time. But per month, the duration of work should not exceed 1/2 of the standard time established for this category of employees.

Limits may not be observed if the employee’s main job:

• suspended operations due to delayed payment of wages;
• suspended for health reasons for a maximum of four months;
• is a director, deputy, chief accountant and holds other management positions.

There are also separate limits for positions. In particular, they cannot work part-time:

• director of a unitary enterprise;
• head of the security bureau;
• head of a state and municipal educational institution.

All other senior managers can work part-time only with the permission of the authorized body or the owner of the organization.

If the organization does hire an employee who falls under the exceptions, he must be fired.

Termination of the agreement

Having figured out how to register an internal part-time employee, let’s move on to the issue of terminating the contract. The dismissal of a part-time employee is formalized in the usual manner. To terminate the employment relationship, one of the parties must demand termination of the contract. If the agreement was concluded for the period of seasonal events or then with their completion, the contract also ends.

If the organization does not plan to continue cooperation, then it is obliged to notify the employee at least 3 calendar days before the date of dismissal. The notice is issued in writing and delivered personally to the employee. If an employee refuses to sign a notice of dismissal, then you need to draw up a notice of refusal and give it to two witnesses to sign. This will serve as proof of receipt of the notification. Next, an order is printed, in which the details of the notice of termination of the contract are indicated as the basis. Based on this document, entries are made in the employee’s work book and personal card.

How to register an internal part-time job in 1C 8.3

From 04/01/2015, I.N. Klimova is hired as an accountant at the LLC to work as a part-time employee at 0.5 rate. The full salary is 20 thousand rubles/month. Work schedule: 5 weekdays, 4 hours each. Let's look at how to arrange internal part-time work in 1C.

The first step is to enter a new employee in the “Individuals” directory. To do this, click on the “Add” button and step by step enter the data: full name, date of birth, gender and check the “Full-time employee” checkbox. The "Organization" field is filled in automatically, and the "Personnel number" after recording the card is placed next in order. The TIN, passport details, pension certificate number and other data, for example, disability group, etc., are also indicated here.

On the second tab "Place of work" all data about the "Order for employment" is automatically created. How to arrange an internal part-time job? In the "Type of employment" field you should indicate "Internal part-time". The division of work, schedule (0.5 rate), and probationary period are also indicated here. Correct completion of these fields affects the correct calculation of salaries in the future.

Employment contract details are assigned automatically. If you sign up for a fixed-term contract, you must fill in the end date.

At the next stage, information about the charges is indicated: their type, size, list of allowances. If the part-time worker is entitled to a salary, then you need to select the “Salary by hour” calculation and set the full rate. When calculating wages, it will be recalculated based on the number of working hours.

How to arrange an internal part-time job? After filling in all the data, you need to click on the “Finish” button. Information about the employee will be included in the database of individuals. A hiring order will be automatically generated. All you have to do is print it out and sign it.

Salary calculation

Having figured out how to record internal part-time work in 1C, let’s determine how an employee’s salary is calculated? Let’s say that in April 2015 an employee worked 87 hours out of 175 full-time hours. The accrued salary will be: 20000/175*87 = 9942.86 rubles.

All accruals will be carried out using the document "Calculation of employee salaries".

how to book a vacation?

An employee has the right to leave after six months of continuous work in the organization. Before this time, part-time workers may receive leave under certain conditions. that this period coincides with vacation at the main place of work. This is a part-time worker’s right, not an obligation. That is, he can go on leave from his main place of work and continue to work part-time. And vice versa. If the number of days of rest at the main place of work exceeds the allotted vacation of a part-time worker, then the difference must be covered by vacation “at one’s own expense.”

According to the standard scheme, vacation pay is calculated if there is an internal part-time job. How to book a vacation?

At the first stage, the actual work time is calculated. Holidays and non-working days are deducted from this period. Next, the total amount of salary received in hand is determined, minus taxes and other deductions. Total earnings are divided by the actual time worked for the previous calendar year. The average daily salary is multiplied by the number of vacation days.

Example

On November 4, 2015, an employee of the company, who was employed back in 2012, became a part-time employee at another company. From the second of June he is granted an annual leave of 24 days. As of the reporting date, his actual earnings amounted to 78 thousand rubles. at the main location and 12 thousand rubles. as a part-time worker. Let's calculate vacation pay.

The calculation period is the amount of earnings from June 2015 to May 2016. There were 10 holidays during the reporting year.

Vacation pay at the main place of work = (78000/(365-10))*24 = 219.72*24 = 5273.28 rub.

When calculating vacation pay for a part-time worker, full months of work will be taken into account. Since the employee was hired in November, the reporting period includes December 2015 - May 2016. This period includes 8 holidays and non-working days.

Vacation pay for part-time worker = 12000/(182 - 8))*24 = 68.57*24 = 1645.68 rub.

Advantages of part-time work

The availability of additional time and the peculiarities of drawing up a part-time contract enable an employee to “switch” between work tasks, paying attention to a priority issue. This approach has an effective impact on the personal development of the employee.

If you register an internal part-time employee, you will be able to conclude any employment agreements with the employer, even if they change the type of employment.

If one of the positions held is eliminated, the employee should have the opportunity to renew the contract with the employer, securing the remaining position as the main one. That is, the combination allows the employee to gain some financial and professional stability.

But not only the employee, but also his employer receives benefits from part-time work. In particular, he pays less taxes and saves

Combining positions in one organization is a fairly common practice, especially today, when, due to the economic crisis, people are looking for all kinds of part-time jobs and quite rightly give preference to additional paid workload at their main, proven place of work. For an organization in such a situation, it is important to understand how the fact of assigning additional responsibilities to an employee can be formalized. This will be discussed in the article.

Internal part-time and internal combination of positions: the difference in the formalization of relationships

An employee of the company, who is already on staff and performs a certain amount of work, decides to take on an additional load that goes beyond the scope of his current job functionality. How can he do this?

Essentially, in this case, independent labor relations between the company and the specialist come into force, which can be formalized in 2 forms:

• internal part-time job;
• combination of positions (professions).

There is a fundamental difference between the two forms that the company must understand. Namely: internal part-time work means performing work unrelated to the main one, at a time that is not occupied by the specialist’s main activity (Article 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time) is performed completely outside the scope of the employee’s main position.

Example:

G.V. Ivanov works as a mechanic at a manufacturing enterprise. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same company. He performs the labor functions of a cleaner after his working day as a mechanic ends, i.e. from 18:00 to 21:00. In this case, he does not combine positions, but performs the functions of a cleaner as his additional work on an internal part-time basis in that the same company.

Internal combination of positions assumes that a specialist continues to work within the framework of his main job duties and, in addition, during the generally established working day manages to perform other functions corresponding to another position. That is, a specialist is engaged in work to combine another position in parallel with his main work, at the same time (Article 60.2, 151 of the Labor Code of the Russian Federation).

Example:

G.V. Ivanov from the previous example works as a mechanic, but in addition, during the working day (from 9:00 to 18:00) he also has time to clean the workshop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within one production enterprise.

The above features also determine differences in the design of labor relations. Namely: for an internal part-time worker it is necessary to draw up a separate employment contract. When combining positions, the previous employment contract is sufficient, but an additional agreement must be issued to it.

Work on combining positions: registration

If an employee wants and can work in 2 positions in the company at the same time, then the preferable option for him is to formalize additional relations with the employer in the form of combining positions. But for this it is important that the specifics of the work allow it to be performed without release from the main activity and at the main workplace. Therefore, if the second position requires, for example, moving from the main place of work (to another workshop), then such additional workload on the employee should be formalized as an internal part-time job, and not as work to combine positions.

The company can formalize the combination of positions by an additional agreement to the employee’s current employment contract, which, in particular, will specify what position he intends to combine, as well as the period during which the combination of positions will take place (Article 72 of the Labor Code of the Russian Federation).

In addition, for work combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, receive an additional payment, the amount (or calculation method) of which should also be fixed in an additional agreement to the employment contract.

The grounds for drawing up such an agreement when combining positions are the following documents (depending on who initiated the combination):

• the company’s proposal to combine positions signed by the employee;
• application from an employee requesting permission to combine positions.

At the same time, it is important for the company to remember that in the work book of a specialist who combines several positions, there is no need to reflect the fact of combination, since such an obligation is not provided for by law.

In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in a time sheet? In accordance with labor laws combination work is not highlighted separately in the report card. After all, an employee performs combined work in parallel, at the same time in which he is busy with his main job. Therefore, only the hours spent on the main work need to be recorded in the time sheet.

Order on internal combination - sample

After signing the additional agreement, the company should issue a corresponding order.

Russian labor legislation does not contain a specific unified form for such an order.

At the same time, it should indicate which positions the employee will combine, for what period and for what additional payment. In this case, as a basis for combination, the order must specify the details of the additional agreement drawn up with the employee.

A sample order can be viewed on our website:

Completion of combining positions

As mentioned above, if a company organizes a combination of positions, then the period during which such combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?

The combination ceases to be valid, i.e. the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.

Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the employee’s combined powers, or you don’t have to do this - the combination will still be considered completed (unless the company has issued another order extending the employee’s combined powers).

In addition, the Labor Code of the Russian Federation establishes that at any time, both one and the other party can stop combining unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, you simply need to send the appropriate notice (if the initiator of the cancellation is a company) or a statement (if the initiator is an employee) to the other party no later than 3 business days in advance.

ATTENTION! If the initiator of the termination of the combination is the company, then it makes sense for it to acquaint the employee with the relevant notice against a receipt, so that later it does not turn out that he, since he knew nothing about the cancellation, continued to work for some time, combining 2 positions, for which he demands appropriate remuneration.

Internal part-time work according to the Labor Code of the Russian Federation

An internal part-time worker, unlike a specialist who combines positions, by virtue of the Labor Code of the Russian Federation, works in the main company in a second, additional job, but at a time that is not occupied by the main activity (Article 282, 60.1 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation establishes a number of restrictions regarding how much working time an employee can spend on part-time work. So, if a specialist within the same organization works in two different positions at different times, then the Labor Code of the Russian Federation allows the maximum additional workload to be performed no more than 4 hours a day.

IMPORTANT! If there is a day when an employee is released from his main job for some reason, he can do part-time work throughout the working day.

For a month in the aggregate, a part-time employee has the right to work no more than half of the monthly standard of time established for the category of workers to which he belongs (Article 284 of the Labor Code of the Russian Federation). However, sometimes an employee has the right not to be guided by the specified limit.

For more information about how much time an employee has the right to spend on part-time work, see the article “Part-time work—how many hours per week?” .

An equally important question for both internal part-time workers and their employers is: how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be established in one of 3 ways:

• in proportion to the time spent working;
• according to a piecework scheme;
• on other conditions provided for in the employment contract.

For details on additional payments up to the minimum wage for internal part-time workers, see the article “Additional payment up to the minimum wage for external and internal part-time workers” .

In addition to the above, companies should keep in mind that if they have someone on their staff who works part-time in addition to their main job, then they are also entitled to leave of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). It is combined with vacation in the main position in time, however, vacation pay is accrued separately for the main position and separately for the combined work, since the employee has 2 independent employment contracts with the company (Articles 286, 287 of the Labor Code of the Russian Federation).

An important issue that concerns, in particular, part-time women, concerns the provision of maternity benefits to them.

Read more about this in the article “Maternity benefits for part-time workers” .

How to apply for an internal part-time job

As stated above, when working on a part-time basis, a separate employment contract is drawn up. At the same time, he is subject to all the requirements that apply to similar contracts with ordinary full-time employees (not part-time workers).

ATTENTION! Employment contracts for internal part-time workers there should be exactly two: by main job and part-time.

In particular, the employment contract must contain information about:

• companies;
• a position that a specialist undertakes to perform in addition to his main job;
• wage system;
• work and rest regime, etc. (Article 57 of the Labor Code of the Russian Federation).

As a general rule, such an agreement must be drawn up in writing, in 2 copies (one for the company and one for the employee).

ATTENTION! The employment contract must include information that the employee holds the position on an internal part-time basis.

Order and application for internal part-time work

According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time worker to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on an internal part-time basis, in which, in particular, it should be indicated what additional work he intends to take on the employee, as well as at what hours he will perform it.

The prepared application must be submitted in writing to the company's human resources department.

As a general rule, after an employment contract is concluded, the company must issue an order confirming the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation). The same is true for internal part-time workers. This means that orders to hire such an employee there will be two : for the main place and part-time.

At the same time, there is a unified form of such an order (No. T-1), which you can download on our website.

In such an order, it is important to reflect the very fact of internal part-time work, and in addition, indicate the basic conditions of the specialist’s work, its nature and the mechanism of remuneration.

Results

Registration of imposing additional workload on a company employee can be expressed in 2 forms: internal part-time work and combination of positions. If an employee intends to perform labor functions in a position that requires distraction from his main job, then such labor relations must be formalized in the form of a separate employment contract on internal part-time work. At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as issue an order to hire an internal part-time worker. If the additional position does not involve distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company. Registration of internal combination of positions is carried out by signing an additional agreement to an existing employment contract. The company should also receive a corresponding signed application from the employee and formulate an order to organize the combination of positions.

Labor legislation allows additional workload for enterprise employees. Performing duties can be carried out simultaneously with the main job or in free time.

What constitutes part-time work and combination in one organization, for how long they are possible, how these concepts differ, will be discussed in this article.

What is part-time work

Part-time job – full performance of duties with the conclusion of an employment contract. Work is carried out independently of main responsibilities and in free time. Its legality is established by Article 60.1 of the Labor Code of the Russian Federation and is regulated by Ch. 44 Labor Code of the Russian Federation. The procedure for additional work of teachers and physicians is determined by Government regulations issued for each category of such persons.

Assumes the presence of vacant positions. After employment, the employee is assigned an independent personnel number.

The employee's working time for his main position and his part-time position is recorded separately.

The legislation provides for the vacancy of a position held by a part-time employee. Submitting an application and hiring another employee for the position, for whom the position will be the main one, allows you to dismiss a part-time worker (Article 288 of the Labor Code of the Russian Federation). The employee must be notified of dismissal 14 days before the date of termination of the contract.

What is combination

Combination – performing additional duties during the main job and within the framework of one contract. Additional work is carried out for the same position (increasing the volume of work) or related work (expanding the service area). The combination can be issued for vacant (vacant) or occupied positions during the temporary absence of the main employee:

• Due to illness confirmed by a certificate of incapacity for work. An option often used in the budget sector. Payment for days of absence due to illness is carried out at the expense of the Social Insurance Fund, which allows not to exceed the amount of the wage fund approved for the year. Several employees may be hired to fill the position of a temporarily absent person.
• While on maternity leave or child care.
• During the vacation of the main employee, registered without pay.

The ability to combine positions is prescribed in a collective agreement or other local act. The combination is not reflected.

What is the difference?

Part-time or part-time employment has fundamental differences, clearly presented in the table:

What is more profitable for the employee?

When comparing these forms of additional income, the material benefit of the remuneration is determined depending on the conditions of employment. When registering a part-time job, remuneration is made according to the time worked. The additional payment for combinations is set by the employer and reflected in the order. The amount is expressed as a percentage of the basic salary. An additional payment in the form of a fixed amount is allowed.

Positive aspects of combination:

• There is no need to waste additional time.
• The amount of remuneration is fixed and is established by agreement of the parties. The amount of the surcharge is taken into account when and.
• Early termination of obligations is allowed at the initiative of either party with a 3-day warning (Article 60.2 of the Labor Code of the Russian Federation).

Advantages of part-time work:

• Providing paid leave or compensation upon dismissal.
• Opportunity to receive bonuses for a combined position. Earnings are included when calculating sick leave for your main job (calculated separately).
• Manage remuneration by varying the number of shifts, output or part of the rate. The amount is limited to half the rate or salary specified in the staffing table for the vacant position. Payment for piecework earnings is made based on actual results.

If an employee is satisfied with additional shifts and the opportunity to influence the schedule and remuneration, it is necessary to choose a part-time job; for people who do not want to go beyond the working day, a part-time job is the most optimal form.

How to apply for them with the same employer

There are differences in the document flow when registering such employees.

Registration of internal part-time workers

An employee is hired to work part-time with the conclusion of an employment contract. This agreement contains:

• The provisions, rights, obligations and guarantees of the employee are similar to those concluded for the main job.
• Indication of the performance of part-time duties.
• For time-based work, the salary or rate is indicated, for piece-work, output.

The agreement may be of an indefinite nature, the duration of which is determined by agreement of the parties. At the request of the employee, an entry about part-time work is made in the work book.

When applying for a job, the following actions are taken:

1. The employee submits an application to the manager. The document indicates the desired part of the bet - half, third, quarter or other.
2. The terms of the part-time job are agreed upon with the employer.
3. The personnel service of the enterprise issues an appointment order and draws up an agreement with the joint signature of the parties. The order and contract make a note about the nature of the work.

If the terms of the agreement provide for work with valuables, an additional liability agreement is concluded.

No documents required for employment are required. The HR employee makes copies of the previously submitted forms. The dismissal of such an employee is carried out in the standard manner defined in the Labor Code of the Russian Federation.

Registration of combining positions

The combination of the main position and additional responsibilities is carried out on a voluntary basis and on the basis of an order. When registering, the following procedure is followed:

1. Providing a written statement from the employee. He must confirm the sufficiency of qualifications to perform the duties.
2. After agreeing on the issue, the employer issues an order for the employee to combine positions. There is no agreement.

The performance of new additional duties changes the terms of the employment contract. Based on the order, an additional written agreement is drawn up, providing for a change in the conditions (Article 72 of the Labor Code of the Russian Federation). Combining positions is not reflected in the work book.

Who can't be styled this way?

The legislation defines the circle of persons for whom part-time work is not formalized. Additional employment is not allowed:

• Minor citizens.
• Heads of enterprises. Only external part-time work is allowed with the consent of the founders.
• Persons whose main responsibilities involve harmful or dangerous working conditions, if part-time work involves similar work circumstances.
• Employees whose duties are related to transport management.
• State civil servants - police officers, prosecutors, judiciary and law firms.

Persons deprived of the right to register for part-time employment are not limited in their ability to engage in scientific or research activities.

Nuances of part-time work

There is a time limit for additional work. Within the working day, a limit of duration is allowed no more than 4 hours. An employee can work additional hours after the end of the working day or on a day off established for the main position. Within a month processing is allowed within half the monthly norm.

The occurrence of circumstances allowing the suspension of the main work in the event of a delay in payment of wages, described in Art. 142 of the Labor Code of the Russian Federation, allows you not to comply with the time limit.

Fulfilling the job duties of a part-time worker gives the right to paid leave. The number of vacation days does not depend on the percentage of the rate and is determined in the standard version (a year worked entitles you to receive 28 calendar days of vacation).

Vacation is paid from and is provided simultaneously with vacation at the main place of employment. The excess number of vacation days for the main job is supplemented by days without pay for a part-time position.

Part-time and part-time employment at an enterprise is a legal option for increasing income. The amounts are included in the calculation of earnings for accrual of vacation, payment of sick leave and when determining contributions to the Pension Fund. Registration is carried out strictly taking into account the norms of the Labor Code of the Russian Federation.

If an employee is ready to perform additional functions during working hours that are not part of his job responsibilities, it is necessary to use the internal combination of positions. To do everything right, the employer needs to act in a certain sequence, enshrined in labor legislation.

When can you use internal registration?

Sometimes employers do not know what is more correct to use - combination or part-time. You need to start from their definitions.

Combination involves an increase in the employee’s job responsibilities (new responsibilities are added to the usual functionality), which he must perform during the work shift.

Part-time work is used when simultaneous performance of different duties is impossible, for example, due to the need to move geographically.

For example, if a mechanic is offered to work part-time in another workshop, then using a combination job will not work; you need to apply for a part-time job. If the same employee is ready to clean the premises of his workshop, then internal combination is used, since the employee can take on new responsibilities during regular working hours.

Read more about the difference between internal part-time and combination.

What needs to be done for internal alignment?

When internal combination is used, there is no need to draw up a new employment contract. An additional agreement to the existing contract is drawn up. This document displays the following information:

• what part-time position the employee will hold;
• during what period the employee will perform additional duties;
• the procedure for making the surcharge (what criteria will be used to determine the amount of the surcharge) or its fixed value.

An agreement to an employment contract can be drawn up on the basis of one of the following documents:

• the manager’s proposal to perform additional duties (it must be signed by the employee himself);
• a statement from an employee in which he expresses a desire to work internally.

The procedure for filling out labor and timesheets

When the agreement is drawn up, the HR employee may have a question about how to formalize the internal combination in the work book. There is no need to make any entries on this strict reporting form. The law does not require entering such information into the work book.

Questions also arise regarding how to display hours worked in combination. Combination does not involve working additional hours. Responsibilities for another position are performed within the framework of regular working hours. This means that the working time sheet must display the hours that the employee spent on his main job, and the combination is not specified separately in this document.

Drawing up an order for internal combination (sample)

When an additional agreement is signed by an employee and an employer, it is necessary to draw up an order for internal combination, a sample of which will help to draw up the document correctly. The legislation does not provide for a single form of this paper, so an enterprise can develop a standard form independently.

But such an order must necessarily contain the following information:

• name of company;
• number and date of the order;
• reference must be made to labor legislation, namely Articles 60.2 and 151 of the Labor Code of the Russian Federation;
• the name of the employee’s main position and the one for which the combination is registered;
• the time period during which the combination will occur;
• the amount of additional payment for performing additional duties;
• the basis for drawing up the order (this is an additional agreement with the employee, indicating the number and date of drawing up this document).

At the end of the order, the name and position of the manager are written down. A note is made about familiarization with the employee’s order. Both the manager and the employee affix their signatures. The employee also enters the date of familiarization with the document.

A sample order for combining positions is as follows:

The end of the combination period

The additional agreement and order on combination specifies the period during which the employee will have to perform additional job duties. Not all employers understand what will happen when the set time passes?

After the expiration of the period, the need for combination ends. The employee begins to work at his usual pace, performing exclusively basic duties. There is no need to draw up any additional documents regarding dismissal or transfer.

If the organization wishes, it can write an order to stop the combination. Even if it is not drawn up, this employment relationship will end. To extend it, you will need to draw up a new order.

Either party may terminate the agreement earlier than the established period without the consent of the other party. The initiator must first notify the other party of this at least 3 days in advance. The form of the document depends on whose initiative the relationship is being terminated:

• if the initiator is the employer, then a notification is sent to the employee;
• if the employee himself wants to stop performing additional duties, then he writes a corresponding statement.

Conclusion

Registration of internal combination requires certain knowledge, but there are no particular difficulties in drawing up documentation.