Legal description of the term internal part-time job. Part-time work and combination of professions

In progress economic activity As a business entity, unexpected production problems often arise that require immediate solutions. Due to the fact that the volume of work may not be enough to attract full-time workers, the employer has the right to hire a part-time worker or assign additional responsibilities to an employee with whom an employment relationship has already been established.

Many employers still do not fully understand such concepts as part-time work and combination work, what the difference is, and in what production situation their use is relevant. To understand what part-time work and combination work are, you need to understand each concept, the nuances of registration, conduct of activities, and payment for work results.

Assigning additional responsibilities to an employee

Part-time job

If an employee performs work stipulated by the provisions of the employment contract, and the manager of a business entity has a production need to implement additional tasks, then their solution can be attributed to this employee. New relationships are formalized on the basis of part-time work, which is possible only if the employee has free time from his main activity. Additional responsibilities may be assigned for their implementation at the enterprise at the place of main activity or at another business entity.

Kinds

Types of part-time jobs

There are two types of part-time activities:

Internal, which involves performing work for the employer with whom the main relationship is established. The solution of production problems is carried out in a time period not related to the main working time. It is relevant to use such relationships if the manager has available vacancies.
External, when activities are carried out outside the enterprise where the employee has a work book.

Legislative regulation, prohibitions and restrictions

For all part-time workers carrying out activities for business entities in the status of an individual enterprise or legal entity, the norms of the Labor Code of the Russian Federation apply to regulate the relationship between the employer and the employee.

For the standard list of professions, there is no need to obtain permits from the main employer to carry out activities as external part-time worker. The head of the business entity, as well as representatives of the collegial executive body, will have to obtain permission from the founders on the board if constituent documents or legislative norms for them are established special conditions labor regulation.

The legislation provides for a restriction on the performance of part-time work, regulated by the possibility of carrying out activities in this mode for no more than 4 hours a day.

This is due to concern for the health of the employee, whose body may be subject to overload, as well as compliance with the interests of the employer in the form of preventing a decrease in the quality of work performed and an increase in the level of injuries.

Applicable restrictions on the working hours of a part-time worker Regulatory acts provide a list of categories of workers who cannot be employed in additional work. These include minors, employees government agencies

, as well as citizens employed in their main position at work, where dangerous and harmful conditions are regulated. Any citizen who has entered into a standard employment contract can indicate their desire to receive additional income in free time from main duties. Such work will be considered part-time work. You can choose various options

cooperation and reward.

On the concept of part-time work: external and internal types Internal combination – when additional duties are performed for the same employer with whom the original employment contract was concluded. External involves the presence of several employers. Decor official document Necessarily

Anyway.

Legislation base Chapter 44 of the Labor Code of the Russian Federation describes in detail Basic Rules

related to part-time work. additionally reveals the concept of internal part-time work. The length of the working day becomes one of the main features

. For example, work other than the main position can take a maximum of 4 hours a day. On his days off at his main job, a citizen can work an additional 8 hours a day.

There are fundamental differences, although there are not many of them.
In the first option, the employer is the same, in the second – there are several of them, all different. Additional information in the book at the main place of work.
If the contract is for internal part-time job is torn, then it is transformed into the external. When suspending only external part-time work serious consequences don't come.
When working internally, you do not need to collect and present documents - the original employer already has them. In other cases, you cannot do without a passport and documents about higher education, to confirm the absence of harmful and dangerous working conditions.
Internal part-time work means that one manager is also responsible for paying benefits. And the external one allows you to choose the place where exactly the funds will be paid.
The same rules as for benefits apply to sick leave.

In addition to the main contract, when internal part-time job is additional agreement. Even for the same position, this type of cooperation is quite acceptable. For example, teachers can give lectures on several subjects at once.

These types of cooperation are most often based on the desire that comes from the employee. And employers agree, because the work scheme is greatly simplified.

At external part-time job An employee gets an additional job in another organization. At the same time, there are no restrictions on the number of organizations where the same person can be registered.

Who can and cannot be a part-time worker

Any citizen has the right to combine marriage, according to the Labor Code of the Russian Federation. There are exceptions for following categories:

Some categories of civil servants.
Employees whose main job involves driving vehicles, if their part-time job involves the same actions.
Citizens who have dangerous or harmful conditions at their main place of work.
Under 18 years of age.

The peculiarities of internal part-time work are that the employee already performs some duties at the enterprise. Drawing up a separate employment contract becomes compulsory.

The documents needed are the same as in the case of regular employment.

The registration procedure itself has the following sequence:

Drawing up an application.
Conclusion of an employment contract, with a mandatory note about part-time work. It is necessary to specify all other conditions that may become significant.
Making an order.

The application and order are listed below:

Additional agreement, work book, order

Add. the agreement is drawn up on the basis of the wishes expressed by the employee. This is a mandatory annex to the main agreement. If the contract is terminated, then a corresponding agreement is drawn up.

If desired, it is possible to make entries about part-time work in work book, decorated for the main place.

Issuance of the corresponding order - last step. It must reflect following information:

Full name of the employer or full name if it is an individual entrepreneur.
Date of publication of the document along with its serial number.
Full name of the employee registering the part-time job.
Job title.
The division or department where the work will be carried out.
Work start and end dates.
Information regarding working hours.
Description of the probationary period along with conditions.
Personal signature of the employer.

The order contains only information that fully corresponds to the original employment contract. The employee must be familiarized with the order, with a personal signature.

About recording and duration of working hours

A part-time worker should not work more than 4 hours per day. common days. Full-time work is acceptable if no duties are performed at the main place at this time. For a week, the working hours for a part-time worker are equal to maximum 20 hours. Accounting is carried out according to standard rules.

There are no special features or restrictions on payment for part-time work. If the system is time-based, then the periods of time actually worked are taken into account. The piecework option involves accounting for production. Initial conditions are always determined only by employment contract.

Some people find it standardized payment option. That is, remuneration is received for the amount of work actually completed. It doesn't matter how much time it takes to complete the task. Part-time workers also have the right to receive compensation and bonuses if they are stipulated under the Labor Code of the Russian Federation or a collective agreement at a particular enterprise.

Vacations and sick leave

Rest time at main and additional work must match each other. Vacation may be granted in advance if the employee has not worked for even six months in a part-time position. Compensation for unused vacation time is transferred according to standard rules.

Moreover, any employee has the right to take leave without pay for any period of time.

Employers have the legal right to send part-time workers to business trip. But this is only possible when there is time not occupied by the main work. Wherein wage for the entire period of time saved.

Features of dismissal

Dismissal for part-time workers is permissible on any of the grounds provided for by current labor legislation. Eat a few main rules:

Dismissal during vacations or temporary incapacity is unacceptable.
The part-time employee must be warned if staff reductions are made.
Part-time workers can be fired if they find an employee with the necessary skills and knowledge for whom the position will become the main one.

The final calculations also assume compliance with standard rules. There should be no delay in resolving this issue.

Conclusion

When considering part-time employment, the main thing is don't forget about the regulatory side. This especially applies to the procedure for concluding an employment contract and determining its constituent points.

All regulations prescribed must be observed current version legislation. Such attention to detail will allow you to avoid controversial situations with any employees and protect the rights of both parties.

Below is a video explaining the main aspects of part-time work.

One way to increase your income is to increase the number of hours you work. For such cases, labor legislation provides special shape labor, called part-time work. There are two types of part-time work: internal and external.

The concept of external and internal part-time work

Internal work refers to the performance of part-time work for an employer for whom the employee is employed in his main job. External part-time work will be when there are several employers. In both cases, an employment (including a fixed-term) contract is concluded with the part-time worker.

Differences between external and internal part-time work

Fundamental differences there are not so many external and internal part-time workers. Let's consider the main ones:

Delineation criterion	Internal part-time job	External part-time job
Place of work	From the same employer for whom the employee is employed in his main job	With another employer(s)
Maintaining a work record book	Managed by the employer at the main place of work	A separate work book is not created, but at the employee’s request, information about part-time work is entered into the work book at the main place of work (upon presentation of an employment contract with another employer)
Consequences of termination of an employment contract at the main place of work in the presence of an employment contract for part-time work	Employment contract about part-time work continues to be valid, but is transformed into an external part-time job	Doesn't have any effect
Documents required for part-time employment	IN in this case there is no need to present any documents, since the employer already has them	— identity document; - if the work requires special skills and knowledge, a document on education (qualification) is presented at the request of the employer; - if the work that is the main one is performed in harmful, dangerous working conditions, it is also necessary to submit a certificate confirming the nature and working conditions
Features of payment of benefits for compulsory social insurance: — temporary disability benefit (PVN); — maternity benefit (B&R); — monthly child care allowance (CMSA)	Benefits are paid by one employer	- if the employee is currently employed by employers for whom he performed work in the two previous calendar years, then the personal income tax and labor insurance are paid by all employers, and the EPUR is paid by the employer at one of the places of work of the employee’s choice; - if the employee is currently employed by one employer, and in the two previous calendar years the work was carried out by other employers, all benefits are paid according to one of former places work of the employee's choice; - in the case when work in the two previous calendar years was carried out both with current and other employers, PVN and B&R are paid to the employee by employers at all places of current work or by one of the former employers at the employee’s choice, EPUR by any one employer at the employee’s choice
Registration of a certificate of temporary incapacity for work (“sick leave”)	One certificate of temporary incapacity for work is issued	A separate certificate of temporary disability is issued for each employer. On the sheets, the place of work is indicated either as the main one or part-time (in the latter case, the number of the sheet that was issued for the main place of work is additionally indicated)

Features of external part-time work in certain professions and positions

Coaches and athletes can work externally only with the permission of the employer with whom they have a main employment contract.
The heads of an organization can work externally only with the permission of the body of the legal entity authorized to give such permissions, or the owner of the organization’s property (the person authorized by it).

What is internal part-time work? Modern labor legislation provides for the possibility of part-time work. The bottom line is that one employee can work in several positions at once and in different areas having a certain status. It assumes that the employee carrying out part-time activities is the same full member team, like other employees. He is not infringed on in any way in his rights and has the same responsibilities as everyone else. Part-time work is divided into two types - internal and external. Work of the first type assumes that the employee will spend most of the time or the entire working day at the enterprise. External part-time work, on the contrary, may mean that he is only there for a certain period. However, there are also some nuances. An internal part-time worker cannot afford to interact with two different employers. But other types of employment do not have such restrictions.

General provisions

To put it even more simply, an order for internal part-time work makes it possible to combine several jobs at one enterprise, and external work at different ones. Therefore, the appropriate formulations for determining status are selected. Regardless of the type of employment chosen, the form of work process in question is additional, attached to the main one. Such activities are carried out in free time. Another nuance of this type is the time frame specified in the employment contract concluded between the employer and employee. By the way, they exist only in urgent written form. Relations between the two parties proceed only within a strictly allotted time frame. After graduation deadline, the employee quits. Extension of his activities at the enterprise is possible only by concluding a new fixed-term or signing an employment contract on a permanent basis. But there is another type.

Demon fixed-term contract, which allows for combination work, has no time limits and is valid until one of the parties wishes to terminate it. Internal part-time work is not the only way of labor relations between an employee and an employer. Very close to it, but still with some differences there is a combination. There are also some nuances here. The part-time worker concludes no new contract of employment, but additional. Some people confuse the concepts. It is often believed that this is internal combination, but this is not at all true. These concepts are different.

What does the legislator mean by internal part-time work?

Internal part-time work is regulated by the modern labor code. The law in this case states that a citizen of the country has the right to do another job in his free time from his main job. labor activity in a company or other institution. This must be formalized. Any citizen is given the opportunity to perform as much work as he can, taking into account loads and rest. In some cases, internal part-time work is possible even for the same position. For example, when a teacher is teaching in one class, and in his free time he is already doing the same thing, but in another. This is part-time work in the same position. If a teacher wants to receive money for such work, he must enter into a formal written agreement on the implementation of part-time activities. If there is no contract, the employee will not be able to fulfill his duties, and therefore will not be able to claim his due salary. Anyone who wants to get such a job should know this nuance.

Internal part-time work most often occurs on the initiative of an employee of the enterprise. Everything can be quite simple. An employee of the company finds out that there is open vacancy. He goes to his superiors and asks to be accepted as a part-time worker. Management has a positive attitude towards such an initiative; it is much easier for them to interact with someone they know than to involve an outsider. If the management gives its approval, the employee writes a statement asking in writing to register him as a part-time employee. The sample must be provided by the human resources department; it can also be found on the official portal of the Ministry of Labor. Typically, the forms often look the same. Here it is necessary to take into account that, according to labor legislation, a number of people do not have the right to engage in part-time work.

These include minors, judges, lawyers, intelligence officers, and government officials. Persons working in difficult and dangerous working conditions, as well as in the transport sector, cannot be part-time workers. The employment contract is ready, the employee familiarizes himself with all its points, then he signs it, then the manager does the same. From this moment on, admission to part-time status is almost complete. An order or instruction is issued. This is how hiring in this capacity is carried out.

Conclusion of an employment agreement The agreement that will regulate the combination work is drawn up in accordance with all rules and regulations labor legislation . For correct observance

you need to do the following step by step:
As noted earlier, first you need to write an application. On its basis, further paperwork will be carried out on part-time admission to several vacant positions. It is not difficult to find a sample application.
After writing the application, the agreement itself is drawn up, in mandatory written form, in compliance with all necessary legal norms. The document has a number of differences, one thing stands out when you look at it. It must be noted on paper that this agreement between the two parties, concluded in writing, is on a part-time basis. Without this note, the employment contract will not be drawn up in the required form.
The agreement will be broken down into a number of clauses. In general, it will not differ in any way from a standard employment contract, but it will indicate certain hours for part-time work. There is one more difference from what is indicated in the usual form. Hours during part-time work cannot take up more than half of the total time.

What is the difference between internal combination and part-time work?

Part-time work differs from part-time work precisely in that the employee carries out new additional functions without interrupting the performance of the main ones imposed on him by the employment contract.

And while performing such duties in the status of an internal part-time worker, the employee performs his immediate tasks, allocating free time to complete new ones. This is the main difference between the two types of work activity.

Nevertheless, internal combination still has a number of undeniable advantages, one of which is that there comes a period when secondary employment at the enterprise temporarily or permanently becomes the main one. This, although not so often, still happens. Therefore, the employee and management can conclude an additional labor agreement, which will henceforth regulate that those who previously devoted little time to secondary tasks will now deal closely with them, allowing for the possibility of moving into the category of the main activity of the enterprise. In some cases, an employee working in a part-time status may resign and enter into a new agreement with the employer, according to which he will become a part-time employee. He will be able to devote significantly more time to a higher-priority work process without interrupting his main job, which by that time becomes virtually secondary. There are also cases when a part-time worker is simply fired and a new employment agreement is concluded instead of the previous one, thereby fundamentally changing the type of his employment.

What is internal part-time work and combination work, what is the difference between these types of work according to the Labor Code of the Russian Federation. We will discuss in the article which mode to use when additionally loading workers.

The company needed to replace an absent employee. To do this, it is not necessary to hire a new employee. You can hire a trusted employee. In this case, two options are possible - internal part-time and combination.

Combination and part-time: concepts

Example:

The employee works as a teacher in kindergarten according to the schedule: one day - from 7.00 to 13.00, the other day - from 13.00 to 19.00. In addition, from 19.00 to 21.00 she works as a cleaner in the same kindergarten. My main job is as a teacher, my part-time job is as a cleaner.

Who cannot work part-time

An employer can hire his employee for part-time work if he has have appropriate education or work experience. Moreover, it is not one of thepersons for whom part-time work is not formalized.

Thus, additional employment is not allowed persons:

under the age of 18 ( Part 5 Art. 282 Labor Code of the Russian Federation);
employed at hard work, working with harmful and (or) dangerous conditions labor, if the main work is associated with the same conditions (Part 5 of Article 282 of the Labor Code of the Russian Federation);
whose work is directly related to management vehicles or controlling the movement of vehicles (drivers, drivers, dispatchers, etc.), if part-time work is also directly related to driving vehicles or controlling their movement (Part 1 of Article 329 of the Labor Code of the Russian Federation).

In addition, they cannot work part-time:

members of the Board of Directors of the Central Bank (Article 19 Federal Law dated July 10, 2002 No. 86-FZ “On the Central Bank Russian Federation(Bank of Russia)");
members of the Government of the Russian Federation (Article 11 of the Federal Constitutional Law of December 17, 1997 No. 2-FKZ “On the Government of the Russian Federation”);
civil servants (Article 17 of the Federal Law of July 27, 2004 No. 79-FZ “On State civil service Russian Federation");
prosecutorial employees (Article 4 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”);
judges (Article 3 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation”).

Combination and part-time work: registration

Internal combination is formalized by an additional agreement to the employment contract. Or an order is drawn up from the head of the company, which indicates the content extra work, terms, amount of additional payment, etc. The order is communicated to the employee against his signature.

Important :
Combination is possible only with the employee’s consent, which is in writing.

Internal part-time work must be formalized by an independent employment contract. It must indicate that this work is a part-time job. Payment is made in proportion to the time worked.

A part-time worker goes on vacation simultaneously with vacation from his main place of work.

For clarity, the documents used to formalize internal part-time and combination jobs, what is the difference between these documents, see the table below.

Combination of professions (positions)	Internal part-time job
Local regulations . The procedure for combining professions (positions), determining the amount of additional payments (their range) to which part-time workers are entitled is prescribed in collective agreement or wage regulations.	Employee statement*. An employee of an organization who wishes to become an internal part-time worker submits a corresponding application to the employer. The initiative in this case comes from the employee.
Service memo. The decision to organize a replacement for an absent employee and to hire a part-time employee is usually made by the head of the department. After verbally agreeing on all the nuances with the employee, he draws up a memo addressed to the head of the organization. If he doesn't mind, personnel service prepares a number of documents.	Employment contract. The employee and the employer enter into a separate employment contract, in which, in accordance with Part 4 of Article 282 Labor Code be sure to indicate that the job is a part-time job. An employment contract for part-time work can be concluded for an indefinite period or during the absence of another employee of the organization. In the second case, a fixed-term employment contract should be concluded with him (Part 2 of Article 59 of the Labor Code of the Russian Federation).
Additional agreement. Performing additional work is a change in the terms of the employment contract. If the possibility of increasing the load was not previously discussed in it, it is necessary to draw up an additional agreement (Article 72 of the Labor Code of the Russian Federation). It is signed by the employer and part-time workers.	Liability Agreement. If an internal part-time worker is hired for direct service or cash use, commodity values or other property, it is necessary to conclude an agreement with him on full individual (collective, team) financial liability (Part 1 of Article 244 of the Labor Code of the Russian Federation).
Combination order. Based on the concluded additional agreement an order is drawn up for the employment contract.	Order on part-time work. Based on the employment contract, an employment order is issued using the unified form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. In the “Conditions of employment” column, you must indicate that the employee is being hired part-time.
Employment history. An entry about combining professions is not made in the work book of a part-time worker. This is not provided for either by the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, or by the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.	Employment history. An entry about part-time work is made in the work book at the main place of work at the request of the employee (part 5 of article 66 of the Labor Code of the Russian Federation and clause 3.1 of the Instructions for filling out work books).
Report card. The personnel number of an employee who combines work in two professions does not change, and he is not assigned an additional number. The report card contains marks only for work performed in the main position.	Report card. Internal part-time worker a separate personnel number is assigned. He will have two personnel numbers (one for his main position, the second for his part-time position). In the working time sheet, notes on hours worked are made in two lines: for the main job and for part-time work.

Internal combination and part-time work: conditions and guarantees

Persons working part-time, as well as main employees, are provided with the majority of guarantees and compensations provided for by labor law in full. At the same time, there are guarantees and compensations that do not apply to part-time workers.

For convenience, we have presented all the information in the table below.

	Internal alignment	Internal part-time job
Agreement	Internal combination is allowed only with the written consent of the employee. By signing an additional agreement, part-time workers give their consent to combine professions.	Internal part-time work requires the conclusion of an employment contract
Probation	The employee has already concluded an employment contract, perhaps he had probation, so there can be no talk of a new test.	When employed on a part-time basis, the employee may be offered another, unrelated position (profession). Therefore, the parties to the employment contract have the right to make sure that the employee meets the responsibilities assigned to him and that the work is suitable for him. The employment contract may provide for a probationary period (Part 1 of Article 70 of the Labor Code of the Russian Federation).
Payment	For combining professions, part-time employees must receive additional payment. As a rule, it is set as a percentage of the salary for the combined position (other options are possible).	The employee must receive payment for performing work under an additional employment contract. It can be set either in the form of a salary, remuneration, a fixed amount, or in the form of piece rates per unit of production
Vacation and vacation pay	Annual paid leave is provided at the employee’s place of primary service (work). During the vacation, the employee is released from performing duties in both the main and part-time positions. For a part-time position, leave for a part-time employee is not issued separately. If in billing period the employee received an additional payment for part-time work; it is taken into account when calculating vacation pay.	If an employee works in one organization under two employment contracts, he must be provided annual leave for both positions. In this case, annual leave for a part-time worker must be granted simultaneously with leave at the main place of work. If a part-time worker has not worked for six months, he must be given leave in advance (Part 1 of Article 286 of the Labor Code of the Russian Federation). During the time spent on each vacation at each place of work, the employee is accrued vacation pay (Part 2 of Article 287 of the Labor Code of the Russian Federation). If the duration of leave at the main place is longer than part-time, at the request of the employee he must be granted leave at his own expense .
Benefits	Additional payments accrued for a combined position are taken into account when calculating benefits for temporary disability, pregnancy and childbirth and child care.	In this case, unlike two vacations, one benefit is calculated for one insured event which caused the temporary disability of an employee holding two positions. When calculating benefits, all payments accrued in the billing period and subject to insurance contributions are taken into account (Part 2, Article 14 of Federal Law No. 255-FZ of December 29, 2006).
Operating mode	Combination involves performing duties in both the main and the combined profession (position) within one working day (shift), without using additional time outside the established norms.	By agreement with the employer, the employee can perform other work before or after his working day, on days that are days off for his main position. In general, in a month the duration of part-time work should not exceed half monthly norm working hours established for the corresponding category of workers (Part 1 of Article 284 of the Labor Code of the Russian Federation). If the parties have agreed to distribute the workload evenly over five days a week, the duration of work in one day should not exceed four hours.

Dismissal of part-time and part-time employees

The combination ends with the expiration of the additional agreement. The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule. To do this, it is necessary to notify the other party in writing no later than three working days (Part 4, Article 60.2 of the Labor Code of the Russian Federation).

Part-time work is a completely different matter. In this case, termination of the employment contract is required on general grounds.