Fixed-term employment contract with a part-time worker sample. We conclude an employment contract with an external part-time worker

Fixed-term part-time employment contract - a document that has a number of features that distinguish it from a regular agreement with an employee. We will talk about the nuances of design in the following article.

Norms of the Labor Code of the Russian Federation on a fixed-term employment agreement

According to the requirements of Part 1 of Article 58 of the Labor Code of the Russian Federation, employment agreements are:

• perpetual - valid for an unlimited time;
• urgent - valid within a clearly defined period.

Part 3 of Article 58 of the Labor Code of the Russian Federation determines that if the agreement does not mention the duration of its validity, then it will be considered unlimited. For reference, we note that the condition on the duration of the contract, according to Article 57 of the Labor Code, may not be included in the text of the document - that is, such a solution to the issue will not be considered a violation of the law. If it is necessary to conclude a fixed-term agreement with a part-time partner, the term condition must be spelled out in it without fail.

Don't know your rights?

When drawing up a fixed-term contract, you also need to remember that its conclusion, in accordance with Part 2 of Article 58 of the Labor Code of the Russian Federation, is possible only for the reasons listed in Article 59 of the Labor Code. It is in it that we are talking about the main feature of agreements of this kind: according to its part 2, the very fact of part-time work already allows for the possibility of concluding a temporary contract, that is, additional reasons for concluding such an agreement are not required.

However, it is worth noting that an agreement with a part-time partner does not have to be urgent, since the parties have the right to determine the urgency condition themselves upon reaching an appropriate agreement on this point. In addition, it is important to remember that the maximum period of validity of a temporary agreement, according to Article 58 of the Labor Code of the Russian Federation, cannot exceed 5 years.

Comments on a fixed-term part-time employment contract, sample

Download the employment contract form

In practice, the question often arises: how exactly to designate the period of validity of the agreement? The most competent option is to indicate the start and end dates of the agreement. Moreover, the first date must coincide with the start date of work.

When indicating the reason for the urgency of a temporary agreement with a part-time worker, it is necessary to indicate a reference to paragraph 10 of part 2 of Article 59 of the Labor Code of the Russian Federation, which allows the conclusion in this case of a fixed-term employment contract. If, after the expiration of the agreement with the part-time worker, the parties have not taken measures to terminate the employment relationship, the agreement, in accordance with Part 4 of Article 58 of the Labor Code of the Russian Federation, automatically becomes indefinite with the remaining conditions remaining in force and continues to be valid until the employee is dismissed.

To summarize, we note that a fixed-term employment contract with a part-time worker contains minor differences from a regular employment agreement. Sample fixed-term part-time employment contract you can download on our website. We hope that this, coupled with the information presented in the article, will help you quickly understand the intricacies of drawing up this document.

at the same time in a person acting on the basis, hereinafter referred to as " Employer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. This agreement governs the labor relations between the Employee and the Employer.

1.2. An employee is hired by a department for a position. Work address: .

1.3. This agreement is a part-time agreement.

1.4. Type of Agreement: for an indefinite period (unlimited);

1.5. Duration of the contract: commencement of work: "" 2019.

1.6. Test conditions: . During the probationary period, the employee is subject to the provisions of the Labor Code of the Russian Federation, other regulatory legal acts, and local regulations containing labor law standards.

1.7. The employee is assigned job responsibilities in accordance with the job description.

2. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

2.1. The employee undertakes:

• conscientiously fulfill his labor duties assigned to him by the employment contract and job description;
• comply with the internal labor regulations of the organization;
• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and occupational safety requirements;
• comply with the rules and standards of business ethics existing in the Company;
• treat the property of the employer and other employees with care;
• immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property;
• not to use in third-party organizations materials that are the intellectual property of the Employer (technologies, know-how, drawings, projects) produced by the employee while working for the Employer Company, or provided to him in the performance of his functional duties;
• not to engage in personal affairs and not to use computer and other technology and equipment, as well as e-mail resources for personal purposes; and also not to conduct long-distance and international negotiations of a personal nature;
• go on business trips to perform work duties under this Agreement outside the place of permanent work;
• immediately inform the Employer about any changes in your personal data, marital status, address, telephone number, level of education;
• at the request of the Employer and its representatives, provide the required information about the progress of current affairs related to the Employee’s jurisdiction;
• improve your professional qualifications;
• not to disclose, without the consent of the immediate supervisor, scientific, technical and other commercial and confidential information obtained during work in accordance with the Regulations on the non-disclosure of trade secrets;
• if the Employee is unable to fulfill his duties under this Agreement due to temporary disability, accident or other valid reason, he is obliged to notify his immediate supervisor and an employee of the Secretariat as soon as possible about the reason and possible duration of his absence. On the day of returning to work, the employee is obliged to provide the Employer with a medical certificate, a certificate of temporary incapacity for work or other supporting document explaining the reason for his absence for the entire period of absence;

2.2. The employee has the right to:

• conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;
• providing him with work stipulated by the employment contract;
• a workplace that meets the conditions provided for by state standards of organization and labor safety and the collective agreement;
• timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
• rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of employee, provision of weekly days off, non-working holidays, paid annual leave;
• complete reliable information about working conditions and labor protection requirements in the workplace;
• professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws;
• association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;
• protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
• compensation for harm caused to an employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;
• compulsory social and medical insurance in cases provided for by federal laws.

3. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

3.1. The employer has the right:

• conclude, amend and terminate employment contracts in the manner and on the terms established by the Labor Code of the Russian Federation and other federal laws;
• reward the employee for conscientious, effective work;
• demand from the employee the performance of their job duties and careful attitude towards the property of the employer and other employees, compliance with the internal labor regulations of the organization;
• bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;
• adopt local regulations;
• at its discretion, provide assistance to the Employee in improving his qualifications and professional skills at the expense of the Employer;
• exercise control over the proper performance by the Employee of his job duties, as well as evaluate the results of the Employee’s activities (certification) in accordance with the regulatory documents of the Employer;
• if necessary, involve the Employee in overtime work, as well as work on weekends and holidays in compliance with the requirements of the legislation of the Russian Federation;
• with the consent of the Employee, entrust him with performing other labor duties that are not directly or indirectly related to the position he holds and are not provided for in the Agreement;

3.2. The employer undertakes:

• comply with laws and other regulatory legal acts, local regulations, terms of the collective agreement, agreements and employment contracts;
• provide the employee with work stipulated by the employment contract;
• ensure labor safety and conditions that meet occupational safety and health requirements;
• provide the employee with equipment, tools, technical documentation and other means necessary for the performance of their job duties;
• provide employees with equal pay for work of equal value;
• promptly comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws and other regulatory legal acts containing labor law standards;
• provide for the employee’s everyday needs related to the performance of their job duties;
• carry out compulsory medical and social insurance of the employee in the manner established by federal laws;
• compensate for harm caused to an employee in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts;
• not disclose information from the Employee’s personal file;
• perform other duties provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law standards, collective agreements, agreements and employment contracts.

4. REMUNERATION

4.1. The employee is given an official salary (tariff rate) in the amount of rubles per month. Remuneration is made in proportion to the time worked.

4.2. When performing work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, weekends and non-working holidays and when performing work in other conditions deviating from normal), the employee is subject to appropriate payments provided for by labor legislation and other regulatory legal acts, agreements, and local regulations.

4.3. Payment of wages is carried out twice a month and on the dates of each month.

5. WORKING AND REST TIME

5.1. A part-time employee is assigned a part-time, one-hour workday and a five-day, one-hour work week. Days off: Saturday and Sunday. Beginning of work: ; End of work: .

6. VACATION

6.1. The employee is granted annual basic leave of 28 calendar days.

6.2. Annual main leave may be divided into parts, one of which should not be less than 14 calendar days.

6.3. The order of provision of paid vacations is determined annually in accordance with the vacation schedule.

6.4. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work under this Agreement.

6.5. An employee for whom an irregular working day is determined is granted additional paid leave in the number of working days.

6.6. An employee working part-time is granted annual paid leave simultaneously with leave for his main job. If an employee has not worked for six months at a part-time job, then leave is granted in advance. If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.

7. TERMINATION OF AN EMPLOYMENT CONTRACT (TERMINATION)

7.1. The grounds for termination of this employment contract (Article 77 of the Labor Code of the Russian Federation) are:

1. agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
2. expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination;
3. termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation); The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. The specified period begins the next day after the employer receives the employee’s resignation letter.
4. termination of an employment contract at the initiative of the employer (Article 71 and Article 81 of the Labor Code of the Russian Federation);
5. transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
6. the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);
7. the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);
8. the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of the Labor Code of the Russian Federation);
9. the employee’s refusal to be transferred to work in another area together with the employer (part one of Article 72.1 of the Labor Code of the Russian Federation);
10. circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
11. violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

7.2. If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, warning him about this in writing no later than one day before the expiration of the test period, indicating the reasons that served as the basis for recognizing this employee as having failed the test. The employee has the right to appeal the employer's decision in court. If the probation period has expired and the employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis. If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing no later than one day before the expiration of the probationary period.

7.3. In addition to the grounds provided for by the Labor Code of the Russian Federation and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer warns in writing the specified person no less than days before the termination of the employment contract.

7.4. An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

8. OTHER CONDITIONS OF THE AGREEMENT

8.1. If a dispute arises between the parties, it must be resolved through direct negotiations between the Employee and the Employer.

8.2. If the dispute between the parties is not resolved, it shall be resolved in the manner prescribed by current legislation.

8.3. This agreement is drawn up in 2 copies having equal legal force. One copy is kept by the Employer, the other by the Employee.

9. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

10. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

Every employing company is required to enter into employment agreements with its employees. At the same time, every employee has the right to work part-time. This right presupposes the legal opportunity to have a second place of employment to earn additional income.

The second work must also be documented. And this despite the fact that the work book will be kept by the “primary” employer. This measure is circumvented by employer companies so that they do not have to pay fines. In addition, this action is also necessary for employees. For example, if you need to apply for a loan, you will have to provide a “certificate of income.” And then, additional income can play a decisive role in determining the loan amount.

Legislative opinion on part-time work

This action is limited by the laws prescribed in the Labor Code of the Russian Federation. Do not think that such a step is available to everyone. More precisely, its prohibitions depend on the positions held by employees. For example, a person who is employed in harmful or dangerous work cannot work part-time. This limitation comes into effect when the second work involves activities under similar conditions.

Naturally, it is impossible for those who have the right to do this only on a part-time basis to work part-time. That is, minors cannot work two jobs.

There are other restrictions. They relate to the fact that some citizens can only conduct teaching activities. For example, former intelligence officers can only be teachers or scientists. The same restrictions apply to employees of the prosecutor's office, courts, law enforcement agencies, courier services, government agencies, etc. For them, only certain types of secondary activities are possible: teaching, scientific work, creativity.

Returning to the documentary side of the second job, it is necessary to recall once again that the second employment must be accompanied by the signing of an employment agreement. Examples and samples of such documents can be obtained free of charge using the links provided under this publication.

Features of a part-time employment agreement

Agreements of this type must contain some distinctive features. When applying for a part-time job, you must notify the employer that this work is not your main job. This is necessary to prevent possible disputes.

Particular attention must be paid to the right to paid leave. It can only be provided in accordance with the vacation period at the main job. Moreover, if the main vacation is longer in duration, then the difference in days can be “made up” by taking time off “at your own expense.”

Below is a standard form and a sample part-time employment contract, a version of which can be downloaded for free.

at the same time in a person acting on the basis, hereinafter referred to as " Employer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. This agreement governs the labor relations between the Employee and the Employer.

1.2. An employee is hired by a department for a position. Work address: .

1.3. This agreement is a part-time agreement.

1.4. Type of Agreement: for an indefinite period (unlimited);

1.5. Duration of the contract: commencement of work: "" 2019.

1.6. Test conditions: . During the probationary period, the employee is subject to the provisions of the Labor Code of the Russian Federation, other regulatory legal acts, and local regulations containing labor law standards.

1.7. The employee is assigned job responsibilities in accordance with the job description.

2. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

2.1. The employee undertakes:

• conscientiously fulfill his labor duties assigned to him by the employment contract and job description;
• comply with the internal labor regulations of the organization;
• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and occupational safety requirements;
• comply with the rules and standards of business ethics existing in the Company;
• treat the property of the employer and other employees with care;
• immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property;
• not to use in third-party organizations materials that are the intellectual property of the Employer (technologies, know-how, drawings, projects) produced by the employee while working for the Employer Company, or provided to him in the performance of his functional duties;
• not to engage in personal affairs and not to use computer and other technology and equipment, as well as e-mail resources for personal purposes; and also not to conduct long-distance and international negotiations of a personal nature;
• go on business trips to perform work duties under this Agreement outside the place of permanent work;
• immediately inform the Employer about any changes in your personal data, marital status, address, telephone number, level of education;
• at the request of the Employer and its representatives, provide the required information about the progress of current affairs related to the Employee’s jurisdiction;
• improve your professional qualifications;
• not to disclose, without the consent of the immediate supervisor, scientific, technical and other commercial and confidential information obtained during work in accordance with the Regulations on the non-disclosure of trade secrets;
• if the Employee is unable to fulfill his duties under this Agreement due to temporary disability, accident or other valid reason, he is obliged to notify his immediate supervisor and an employee of the Secretariat as soon as possible about the reason and possible duration of his absence. On the day of returning to work, the employee is obliged to provide the Employer with a medical certificate, a certificate of temporary incapacity for work or other supporting document explaining the reason for his absence for the entire period of absence;

2.2. The employee has the right to:

• conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;
• providing him with work stipulated by the employment contract;
• a workplace that meets the conditions provided for by state standards of organization and labor safety and the collective agreement;
• timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
• rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of employee, provision of weekly days off, non-working holidays, paid annual leave;
• complete reliable information about working conditions and labor protection requirements in the workplace;
• professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws;
• association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;
• protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
• compensation for harm caused to an employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;
• compulsory social and medical insurance in cases provided for by federal laws.

3. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

3.1. The employer has the right:

• conclude, amend and terminate employment contracts in the manner and on the terms established by the Labor Code of the Russian Federation and other federal laws;
• reward the employee for conscientious, effective work;
• demand from the employee the performance of their job duties and careful attitude towards the property of the employer and other employees, compliance with the internal labor regulations of the organization;
• bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;
• adopt local regulations;
• at its discretion, provide assistance to the Employee in improving his qualifications and professional skills at the expense of the Employer;
• exercise control over the proper performance by the Employee of his job duties, as well as evaluate the results of the Employee’s activities (certification) in accordance with the regulatory documents of the Employer;
• if necessary, involve the Employee in overtime work, as well as work on weekends and holidays in compliance with the requirements of the legislation of the Russian Federation;
• with the consent of the Employee, entrust him with performing other labor duties that are not directly or indirectly related to the position he holds and are not provided for in the Agreement;

3.2. The employer undertakes:

• comply with laws and other regulatory legal acts, local regulations, terms of the collective agreement, agreements and employment contracts;
• provide the employee with work stipulated by the employment contract;
• ensure labor safety and conditions that meet occupational safety and health requirements;
• provide the employee with equipment, tools, technical documentation and other means necessary for the performance of their job duties;
• provide employees with equal pay for work of equal value;
• promptly comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws and other regulatory legal acts containing labor law standards;
• provide for the employee’s everyday needs related to the performance of their job duties;
• carry out compulsory medical and social insurance of the employee in the manner established by federal laws;
• compensate for harm caused to an employee in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts;
• not disclose information from the Employee’s personal file;
• perform other duties provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law standards, collective agreements, agreements and employment contracts.

4. REMUNERATION

4.1. The employee is given an official salary (tariff rate) in the amount of rubles per month. Remuneration is made in proportion to the time worked.

4.2. When performing work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, weekends and non-working holidays and when performing work in other conditions deviating from normal), the employee is subject to appropriate payments provided for by labor legislation and other regulatory legal acts, agreements, and local regulations.

4.3. Payment of wages is carried out twice a month and on the dates of each month.

5. WORKING AND REST TIME

5.1. A part-time employee is assigned a part-time, one-hour workday and a five-day, one-hour work week. Days off: Saturday and Sunday. Beginning of work: ; End of work: .

6. VACATION

6.1. The employee is granted annual basic leave of 28 calendar days.

6.2. Annual main leave may be divided into parts, one of which should not be less than 14 calendar days.

6.3. The order of provision of paid vacations is determined annually in accordance with the vacation schedule.

6.4. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work under this Agreement.

6.5. An employee for whom an irregular working day is determined is granted additional paid leave in the number of working days.

6.6. An employee working part-time is granted annual paid leave simultaneously with leave for his main job. If an employee has not worked for six months at a part-time job, then leave is granted in advance. If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.

7. TERMINATION OF AN EMPLOYMENT CONTRACT (TERMINATION)

7.1. The grounds for termination of this employment contract (Article 77 of the Labor Code of the Russian Federation) are:

1. agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
2. expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination;
3. termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation); The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. The specified period begins the next day after the employer receives the employee’s resignation letter.
4. termination of an employment contract at the initiative of the employer (Article 71 and Article 81 of the Labor Code of the Russian Federation);
5. transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
6. the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);
7. the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);
8. the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of the Labor Code of the Russian Federation);
9. the employee’s refusal to be transferred to work in another area together with the employer (part one of Article 72.1 of the Labor Code of the Russian Federation);
10. circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
11. violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

7.2. If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, warning him about this in writing no later than one day before the expiration of the test period, indicating the reasons that served as the basis for recognizing this employee as having failed the test. The employee has the right to appeal the employer's decision in court. If the probation period has expired and the employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis. If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing no later than one day before the expiration of the probationary period.

7.3. In addition to the grounds provided for by the Labor Code of the Russian Federation and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer warns in writing the specified person no less than days before the termination of the employment contract.

7.4. An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

8. OTHER CONDITIONS OF THE AGREEMENT

8.1. If a dispute arises between the parties, it must be resolved through direct negotiations between the Employee and the Employer.

8.2. If the dispute between the parties is not resolved, it shall be resolved in the manner prescribed by current legislation.

8.3. This agreement is drawn up in 2 copies having equal legal force. One copy is kept by the Employer, the other by the Employee.

The concept of part-time work

Part-time work is additional employment permitted during a period free from the main activity. There are 2 types of part-time work: internal and external.

Internal part-time work is understood as performing a job function in one organization, and external part-time work in different organizations.

It is necessary to distinguish between part-time and combination. Part-time work can be established only in one organization with an already working employee within the framework of one contract, while part-time work presupposes the presence of both primary and additional work, both with one and with different employers.

Part-time work is carried out within the established work schedule, without going beyond the normal working day, while part-time work is always done outside the work shift.

Conditions for accepting a part-time worker

An employee who wishes to work part-time must provide the employer with documents similar to those usually presented upon entering the main place of work:

• passport;
• education document;
• a certificate of no restrictions on working in hazardous working conditions, if necessary.

An exception is the work book, since it is stored in the personnel department of the main employer.

Submission of additional documents in accordance with the Labor Code of the Russian Federation is required only in certain cases:

• when applying for a part-time job in harmful or dangerous conditions - a certificate stating that the working conditions at the main job are not such;
• the driver - a certificate stating that the citizen does not work as a driver at his main place of work;
• for those who hold the position of manager at the main place of work - permission from the founders of the organization that is the main place of work.

It is advisable for the employer to obtain a statement from the part-time worker stating that he is not prohibited from working part-time. This will confirm the good faith of the employer if, through no fault of his own, he hired a person who is prohibited from holding a second job.

An entry about part-time work in the work book is made at the request of the employee. To do this, he must present to the employer at his main place an order to hire him as a part-time worker, which will serve as the basis for entering the relevant information into the employment record. How to make such an entry is in the article “Entry in a part-time work book - sample”.

If an employee quits his main job, part-time work does not automatically become his main job. These conclusions are contained in the ruling of the Saratov Regional Court dated March 19, 2015 in case No. 33-1271.

Contents of a part-time employment contract: sample 2018-2019

An employment contract with a part-time worker is a type of employment contract that can be concluded either with a specified period (fixed-term) or for an indefinite period. The general rules for concluding an employment contract can be found in the article “General procedure for concluding an employment contract under the Labor Code of the Russian Federation”.

Such an agreement must indicate the type of part-time job and working hours. At the same time, the duration of the part-time job in accordance with Art. 284 of the Labor Code of the Russian Federation cannot be more than 20 hours (with a 40-hour week), that is, no more than 4 hours daily. On days free from main work, as well as weekends, a part-time worker can work for any amount of time.

Labor legislation does not limit the number of part-time contracts that a citizen has the right to conclude simultaneously.

The employment contract for part-time work must specify the following conditions:

• parties to the contract;
• employer's tax identification number;
• authority to sign on the part of the employer;
• place and date of drawing up and signing the agreement;
• place of work, labor function;
• work start date;
• the term of the contract, if it is urgent;
• the amount of wages and the procedure for its payment;
• work and rest time;
• information about part-time work, type of part-time job.

In addition to the essential conditions, other additional conditions that improve the employee’s situation may also be included in the part-time employment contract of the 2018-2019 model.

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

• minors (Article 282 of the Labor Code of the Russian Federation);
• workers employed in hazardous industries at their main place of work (Article 282 of the Labor Code of the Russian Federation);
• drivers or persons driving vehicles at their main place of work (Article 329 of the Labor Code of the Russian Federation);
• security guards;
• state and municipal employees;
• government members;
• judges, lawyers, police officers, prosecutors, FSB;
• military personnel;
• bank employees (according to a special list of positions).

If such employees are hired on a part-time basis, the employer may be held liable under the Code of Administrative Offenses of the Russian Federation for violating labor laws. In addition, this violation may lead to termination of the employment contract under clause 11, part 1, art. 77 of the Labor Code of the Russian Federation, if it makes work impossible and the employee cannot be transferred to another position available in the organization (parts 1, 2 of article 84 of the Labor Code of the Russian Federation, paragraph 1, paragraph 51 of the resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).

The following activities are not regarded as part-time work:

• literary;
• expert with one-time payment;
• consulting (medical workers) - no more than 12 hours per month;
• activities of graduate student supervisors;
• scientific, creative activities.

Where can I download a free sample employment contract for internal part-time work?

Internal part-time work involves performing additional work in your free time from your main job for the same employer.

When concluding such an agreement, one should take into account the period of employment at the main place of work, as well as the time of employment as a part-time worker, which should not exceed 4 hours a day. This condition must be reflected in the contract.

On free days, you can work full time as a part-time worker. An internal part-time worker will receive sick pay for both jobs, and vacation should be provided to him at the same time, but with vacation pay accrued for each position separately.

At the request of the employee, a separate entry about internal part-time work can be made in the work book. In this case, the name of the organization is not entered again.

A sample part-time agreement can be downloaded from the link: Part-time agreement.

A sample employment contract for internal part-time work can be downloaded from the link: Employment contract for internal part-time work.

Guarantees under a part-time agreement

Part-time workers enjoy all the guarantees established by the Labor Code of the Russian Federation.

In accordance with Art. 286 of the Labor Code of the Russian Federation, leave for a part-time job is granted at the same time as at the main place of work, on the basis of an order presented by the part-time worker.

If there is a difference in the number of vacation days, the part-time worker has the right to use the missing vacation days at his own expense.

Courts have repeatedly noted that the wages of a part-time worker cannot be equal to the wages of a full-time worker in the same specialty.

You cannot fire an employee for absenteeism while absent from a part-time job if he was on a business trip at his main place of work at that time. This conclusion follows from the judicial act of the Moscow City Court dated September 2, 2014 in case No. 33-29799. The Ministry of Labor in its letter No. 14-2/B-149 dated 03/05/2018 recommends regulating the situation of a part-time worker leaving on a business trip to the main place of work when concluding an employment contract with the part-time worker. It is proposed to register the absence of an employee working part-time as leave without pay.

Thus, the contract with a part-time worker must contain a condition on part-time work, the type of part-time job, and also determine the working hours during the day.