External combination shopping mall rf. External part-time job or how to work in two places at once? External part-time job according to the Labor Code

Combination and part-time work - what is the difference between the forms of labor relations? The article is devoted to a comprehensive consideration of the issue.

Part-time employment - the fulfillment of additional labor obligations in their free time from the main job, both in the same place and in another. The combination is possible within the framework of the working day at the main place of work.

The latter is permissible when fulfilling the main obligations, including the combination of positions. It can only be internal.

Labor Code on combination and part-time work

Article 151 of the Labor Code of the Russian Federation gives the right, from a written application of an employee, to entrust him with the performance of additional duties. Similar to the main ones, or different from them.

This also applies to the tasks of the temporarily absent employee assigned to another along with his own.

The conditions for combining (the scope of work, the scope of functions performed, the term of cooperation) are established by the head in agreement with the contractor, which is confirmed in writing.

The difference between combination and combination is obvious in the design:

When combining, an agreement is not concluded, an additional agreement is drawn up to the existing one (the date of the start of work, its completion. It does not happen indefinitely).
According to the norms established by the Labor Code of the Russian Federation, when registering a combination, an order is issued to start activities.
There cannot be several combination jobs, but it is not reflected in the work book.
Providing additional rest time for those who combine is not allowed. But when calculating sick leave, vacation pay, all payments that have been made are taken into account.
Dismissal when combining occurs at the end of the term of the agreement or at the request of either party. Interested must notify the second for three days.
The Labor Code of the Russian Federation allows the simultaneous combination and combination of professions and positions.

Russian legislation makes it possible to receive additional income by combining or combining functions both at one enterprise and at several.

Part-time Labor Code of the Russian Federation

As mentioned earlier, this form of labor relations is possible in a period free from the fulfillment of professional obligations. Only if you have a main job.

Compatibility happens:

Internal involves additional duties, drawn up in accordance with the Labor Code of the Russian Federation, at the enterprise where the main work is.
External - in a third-party organization.

The number of combinations is not limited.

When applying for a part-time job, the employee provides the manager with the same list of documents as when applying for the main place, with the exception of the work book. An agreement is concluded, the head of the enterprise issues a decree on the commencement of activities.

In accordance with the Labor Code of the Russian Federation, the length of the working day of a part-time worker cannot be more than four hours and, accordingly, 20 per week. This is reflected between the employee and the employer.

But there are exceptions. The existing restrictions do not apply to the following cases:

when at the main place, in connection with, the employee’s activities are suspended (part 2 of article 142 of the Labor Code of the Russian Federation);
when the employee is suspended from fulfilling obligations at the main place for medical reasons, and it is not possible to provide another type of activity (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

Additional seat data may be . Payment to part-time workers occurs according to a separate personnel number for the entire duration of the contract.

Vacation for an employee for additional duties depends on the schedule at the main place of employment. The employer must provide it at the same time. If the duration of the holidays does not match, the rest period is equalized due to one more, but without saving wages at part-time jobs.

Holiday pay, sick leave, and all other social guarantees provided to an officially registered (insured) person are paid both at the main job and at the second one.

underage;
prosecutors, police officers;
judges, lawyers;
the leadership of the Central Bank;
working in hazardous or heavy production, if the additional conditions are similar;
employees of government, state, municipal institutions;
drivers of vehicles, traffic controllers cannot perform the same functions in both positions.

There are features of part-time work conditions in some areas. They are defined by the Labor Code of the Russian Federation and other laws and acts, for example, Decrees of the Government of the Russian Federation of 04.04.2003 No. 197 and the Ministry of Labor of Russia of 06.30.2003 No. 41 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers”.

Termination of labor relations concurrently occurs as in the main place. If it is open-ended, one of the parties notifies the other two weeks in advance. If it has a validity period, an extension is negotiated additionally. Otherwise, the employment relationship is automatically terminated.

In accordance with the current legislation, each employee is granted the right, in his spare time from his main activity, to find a job in another organization as an external part-time job.

Given the realities of today, the existing legislative norm for many workers is one of the few opportunities to increase their income and at the same time gain additional experience and skills, especially since part-time workers are entitled to the same guarantees and compensation as the main workers.

What it is?

In the legislation, there are such concepts as combination, many confuse them because of the similar name, but in their essence they radically differ from each other in terms of responsibilities, and the procedure for registration, and the guarantees provided:

In accordance with Art. 60.2 of the Labor Code of the Russian Federation combination is the imputation of additional duties without exemption from the main activity. According to the accepted norms, an employee can perform, simultaneously with the main duties, the work of a temporarily absent specialist in an identical position for a certain fee, the amount of which is established in the local acts of the enterprise.
Under part-time work is understood as the performance of labor duties in free time from the main employment in the same or another organization with a full-time position, which implies the issuance of an admission order and conclusion. Also, the part-time worker is entitled to remuneration in proportion to the hours worked in accordance with the salary, which is fixed in the position for which he was hired.
In addition, he retains the right to receive all guarantees and compensations provided for by the norms of the law, namely: the right to annual leave, all allowances and additional payments that are provided for the position held, and other benefits that must be provided to him for the main position, and place of additional employment.

You can learn more about this concept from the following video:

Regulation according to the Labor Code of the Russian Federation

The features of regulating the employment of part-time workers are enshrined in Chapter 44 of the Labor Code of the Russian Federation, which defines the concept of part-time work, both external and external, the procedure for registering an employee, working hours, remuneration, guarantees and compensation, as well as the dismissal procedure.

In accordance with the provisions of Art. 282 of the Labor Code of the Russian Federation, part-time employment is the same regular labor activity as employment at the main place of work.

The employee must have a work schedule established either in his employment contract or on an ongoing basis, and not for the performance of certain types of work.

According to the rules set out in Art. 283 of the Labor Code of the Russian Federation, the package of documents provided by such a person during employment is subject to requirements identical to the documents that the main employee is required to submit on the basis of Art. 65 of the Labor Code of the Russian Federation. That is, he must confirm his identity, qualifications and state of health, which will allow him to perform his duties at the proper level.

Despite the fact that the part-time worker is a full-time employee, and in accordance with the norms of the law, he is entitled to all the guarantees and compensations stipulated in federal law, there are a number of payments that are provided only at the main place of work. In particular, this is payment for student leave, a period of incapacity for work and compensation for special working conditions in the regions of the Far North.

Restrictions on accepting a part-time worker

In Art. 282 of the Labor Code of the Russian Federation states that any worker has the right to cooperate in his spare time with another employer or simultaneously with several organizations. But far from all categories of workers have the right to combine different positions even at different enterprises.

The following categories of workers cannot be part-time workers:

persons under the age of 18;
employees whose work at the main place of work has harmful working conditions, and in combination, similar conditions are offered;
transport workers, if their working conditions are identical both at the main place of work and at the additional one;
guards and their leaders;
state and municipal employees;
law enforcement and military personnel;
bank workers.

Also, in some cases, for some persons, it is mandatory to obtain permission from higher management to hold a part-time position. In particular, this applies to directors of joint-stock companies and limited liability companies, as well as to teaching staff.

How to accept such an employee?

Considering that the part-time worker is the same full-time employee as other employees, the admission procedure is carried out according to the same rules, but with some exceptions.

When applying for a job, a future part-time job must write an application for admission to a vacant position, indicating the deadline for admission and his data. In turn, the head of the enterprise must consider the application and put a resolution on consent to the employment of a new employee.

The applicant must attach to the application:

a copy of the identity card;
a diploma confirming the presence of a certain qualification;
a certificate of admission, if it is provided for by local acts of the enterprise, for example, electricians must have a tolerance of up to 1000 V or a certificate of the presence of a certain discharge;
a certificate of the nature of work at the main place (in the presence of harmful working conditions at an additional one);
a copy of the admission order at the main place of work;

In some cases, the future employer may require additional data:

a certificate from a psychiatrist or narcologist - these documents are mandatory for employees involved in serving the population;
medical book for employees of the food industry;
certificate of no criminal record in the case of teaching activities.

Based on the submitted documents and application, an order is issued to accept a part-time job, and an employment contract is also concluded. A new employee is started, in which all data is entered throughout his entire career at this enterprise.

Also on the basis of Art. 22 of the Labor Code of the Russian Federation, the employee gets acquainted with all local acts that regulate his labor activity.

The nuances of working conditions

The employment of external part-time workers has its own characteristics, which is reflected in all administrative and local documents that regulate their activities at the enterprise.

In particular, both the employment contract and the amount of wages, as well as the procedure for granting annual leave and compensation for the period of incapacity for work, have their own characteristics:

Employment contract based on Art. 67 of the Labor Code of the Russian Federation must be concluded in writing no later than 3 days from the moment the employee enters the enterprise, which is the norm when registering labor relations with all personnel. But the agreement itself has some differences, as stated in Art. 57 of the Labor Code of the Russian Federation.
One of the main requirements is the mention that the employee is employed as a part-time employee, and not the main employee. In addition to other mandatory conditions, as a rule, an individual working time regime is also provided, which is accordingly reflected in the contract.
The amount of wages is also negotiated with reference to and indicating all the required allowances and additional payments that are inherent in this position. Given that part-time workers, as a rule, have a part-time job, they are paid a salary in proportion to the hours worked.
Part-time workers are subject to almost all social guarantees provided for by labor legislation, in particular, they are entitled to full-time annual leave. However, taking into account the peculiarities of their work, they are provided with rest simultaneously with the same period at their main place of work, as stated in Art. 286 of the Labor Code of the Russian Federation, with the stipulated.
If the leave at the main place of employment has a long duration, the person is granted rest without payment for the missing number of days. Despite the fact that initially the vacation period of a part-time worker is planned precisely at the main place of work, in pursuance of the norms of Art. 123 of the Labor Code of the Russian Federation, a similar period should be fixed in and at an additional place of employment.
It has its own characteristics and compensation for the period of disability. In Art. 13 part 2 of Federal Law No. 255 says that a worker employed by several employers has the right to pay at all enterprises at the same time, subject to official employment for at least two years and payment of appropriate contributions to the Social Insurance Fund. If he works for a shorter period, then the sick leave is paid only at one place of work at the choice of the worker.

Enrollment in labor

According to the rules set out in Art. 66 of the Labor Code of the Russian Federation, information about work in the work book is entered only by the employer at the main place of work, therefore, with a part-time job, it is not necessary to make a record of a new employment, this is done only at the request of the employee himself.

In any case, a person at both places of employment pays the necessary contributions to the Tax Service, and to the Social Insurance Fund, and to the Pension Fund, respectively, the period of additional work when a person retires will be taken into account. Since when applying for a pension, the main document confirming the length of service is precisely the work record, it is still desirable to include the period of external part-time work in it.

To make an appropriate entry, the employee will need to submit a copy of the order for admission as a part-time job at the main place of work, as well as write an application asking to make the necessary entry.

Working hours and mode of operation

Based on Art. 284 of the Labor Code of the Russian Federation part-time not allowed to work more than 4 hours a day, which is half the established normal working hours, that is, he usually works at 0.5 of the rate. In the event that he is employed by several additional employers, the work must be carried out within the established limits, for example, at 25% employment or less.

Half of the norm is calculated precisely from the norm of working time, which is established for a certain category of workers. Suppose, in accordance with the law, teachers are employed no more than 36 hours a week, respectively, a part-time teacher cannot work more than 18 hours. However, there are exceptions. On a day off, he has the right to work even a full shift, provided that the monthly rate of employment again does not exceed half the established one.

An exception to this rule is only the presence of certain circumstances that have arisen at the main place of work.

For example, if an employee at the main place of work has suspended his activities due to wage arrears or refused to transfer, he can work full-time as a part-time worker throughout the entire period until the circumstances that have arisen cease to exist.

Considering the fact that many enterprises operate mainly during the daytime, and a part-time worker has the opportunity to work additionally only in the evening, often an individual work schedule is provided for such an employee in an employment contract. Despite this, the Internal Labor Regulations fully apply to him, and it is also possible to receive a reprimand in case of violation.

As a rule, such workers only work an extra 4 hours a day, which raises the question, are they entitled to a shorter working day on the eve of the holidays? Based on Art. 95 of the Labor Code of the Russian Federation, the duration of the work shift before the holiday is reduced by one hour, which, however, does not affect the amount of the established wage.

Taking them into account when compiling the average headcount

In accordance with the Order of the Federal Statistics Service No. 428, all enterprises that have employees in the established form No. P-4 must provide workers.

Considering that part-time work, according to labor statistics, is considered secondary employment, a separate column is provided for external part-time workers. Indeed, the inclusion of this category of workers in would lead to a distortion of general information on the employment of the able-bodied population, respectively, they are included in the list as a separate category.

In the modern labor market, part-time work is considered a fairly common phenomenon. The economic situation in the country leads to the fact that it is becoming harder and harder to provide the necessary standard of living through wages alone, and the financial resources earned from part-time work will not be superfluous at all. How to properly arrange a second job without violating labor laws and without creating unnecessary problems for yourself, how is it regulated?

General information

Part-time work is regulated by article 282 of the Labor Code of our country (the main provisions are outlined). This concept is often confused with combination, however, the two terms are used to refer to different work processes. So, in the first case (part-time):

Types of combination

Part-time work, as mentioned above, can be both internal and external. Each type of activity has its own distinctive characteristics:

Design rules

How is part-time work organized? A work book is not required for this, but you will need the following documents:

Passport (any other form of identification).
Diploma or document confirming education, as well as its officially certified copy (at the request of the employer to confirm the availability of special knowledge).
Certificate from the main place of employment when applying for a "heavy" or hazardous job.
SNILS.

If desired, information about the second place of work can still be entered in the work book. To do this, you must provide a certificate or a copy of the order for admission to an additional position to the personnel department of the main company.

The list of documents required for submission is enshrined in Article 283 of the Labor Code; a refusal to provide additional paperwork by a potential employee cannot serve as a reason for rejecting his candidacy in the fight for a vacant position.

Time to do extra work

How is the main job and part-time work combined? Temporary standards for additional employment are negotiated in the employment contract on an individual basis by agreement of the parties. It should be noted that the weekly part-time rate (with a 40-hour working week) is equal to 20 hours, the daily one - to 4 hours, on weekends (from the main job) part-time workers can work in full. Time elapsed is recorded on the time sheet.

In certain cases, it is allowed to perform additional work during the main one. This situation is acceptable in the following cases:

Social benefits

Does part-time work imply any social benefits? The Labor Code of the Russian Federation contains clear information on this matter. For example, an employee at an additional job has the right to count on receiving leave simultaneously with official rest at the main place of work (information is presented in Article 286 of the Labor Code). Vacation is possible even if the employee has not worked for six months at the second job, in which case it is provided in advance. To do this, it is enough to provide a certificate (or a certified copy of the order) on leave from the main job.

Translations

How is the transfer from a part-time job to the main job carried out? To perform such manipulations, a number of conditions must be met:

Dismissal from the previous main place of work.
Registration of a work book in accordance with the standard regulations.
Registration of personnel documentation (termination of part-time employment and conclusion of a new contract or amendments to the employment contract on part-time employment).

Since part-time work and the main job differ significantly from each other and are regulated by various provisions of the Labor Code, it would be more rational to formalize the transition of the relationship more seriously than with one additional order to a previously existing employment contract.

It should be noted that an employee from the main place of work - with his consent and under certain conditions - can also be transferred to a part-time job.

Payment of benefits and wages

How is part-time work paid? The Labor Code of the Russian Federation regulates this issue by the 285th article. In most cases, potential part-timers are interested in whether they have the opportunity to receive half or more than half of the salary indicated in the staffing table for the proposed position? The reason for this question is that in most cases they are required to work half of the numbers indicated in the staffing table.

In fact, the payment of wages in this case does not always depend on the amount of time worked, it is also determined by the terms of the concluded employment contract. They allow you to assign a salary of absolutely any size.

Employers should take this matter very seriously. If the main employee also works in a similar position, then his salary must match the salary of a part-time employee in order to exclude the situation of infringement of one of the parties (violation threatens with a fine of 50 thousand rubles according to the administrative code).

The salary of a part-time worker is paid at least 2 times a month, it is also necessary to take into account that pregnant women are entitled to receive payments and all benefits stipulated by the state (if a woman has worked in one place part-time for 2 years or more.

Restrictions for part-time employment

In what cases is it impossible to work part-time? There are certain restrictions on the possibility of undertaking part-time work, specified in labor legislation. So, to perform additional work is not allowed to persons:

Under 18 years of age.
Already working in hazardous or hazardous industries.
Transport workers, civil servants, judges, lawyers, police officers or prosecutors, heads of educational institutions, deputies.

Certain restrictions exist for teachers, pharmacists and physicians, as well as cultural workers.

Dismissal and its features

How can part-time work be completed? The dismissal order is drawn up on any legal basis given in the Labor Code. It should also be noted that the employer will need to comply with all existing legislative norms to terminate the contract, for example:

It is not allowed to dismiss an employee who is on vacation or on sick leave.
When reducing staff, it is required to notify the employee about this in advance (2 months in advance against signature).

Employment on a part-time basis on an ongoing basis causes one more nuance for a possible dismissal. So, if the main employee was selected for this position, it will be quite possible to refuse the services of an additional one on completely legal terms. To do this, 2 weeks before the dismissal, it is necessary to notify the employee of the upcoming changes in writing.

In all cases, the final payment is made no later than the day of dismissal. If on this date the employee does not fulfill his labor duties, the calculation period is postponed to the next day after the receipt of an official request from him. In addition to the full payment of funds, the employee is provided with the requested set of documents.

Very often in our life there are difficult situations. And often, these situations are associated with a lack of material resources. What should a person do if the money that he earns is not enough? The answer is found quite quickly - get an extra job. Moreover, part-time work of the Labor Code of the Russian Federation is allowed.

What is a part-time job? What legislation regulates it?

The answers to these and other questions can be found in this article.

Collaboration work. Basic definitions.

The main regulatory document for part-time work is the labor code. Chapter 44 of the Labor Code of the Russian Federation is completely devoted to part-time work. The basic definition of this term is also given there. - this is the performance by the employee of his official duties, in his free time from the main place of work. There are several conditions for this:

The work performed and its payment must be regular;
Work should be done only in free time;
The total duration of such work should not exceed half the time taken at the main job.

In accordance with labor legislation, part-time work can only be of two types:

Part-time work - the basics of legislation:

Internal. The employee continues his work at the enterprise, but in addition takes on additional labor duties at the same enterprise.
External. The employee continues his work at the enterprise, and also works part-time in another organization.

It is important to know that the employee has no difference in rights and obligations, depending on the type of part-time job!

It should also be noted that by law, the number of part-time jobs for one employee is not limited in any way. An employee can easily take a second part-time job. Although there are exceptions here: state employees. structures have the right to work part-time only 4 hours per working day.

For whom part-time work is unacceptable, the Labor Code of the Russian Federation, Art. 282:

The employee is underage;
Work in difficult and harmful conditions (only if the part-time worker is already employed at work with harmful conditions);
The work is related to the management of vehicles (only if the part-time worker is already employed in such a job);
Employee Judge or Lawyer;
The employee runs the business;
The employee manages security at the enterprise;
Law enforcement officer;
An employee of the prosecutor's office or intelligence apparatus;
The employee is a municipal employee;
An employee is a member of the Government (excluding teaching and science);
The employee is an employee of the federal courier communications.

In addition to the above cases, the law also defines professions that, in the case of a combination of jobs, are regulated separately from others (Decree of the Government of the Russian Federation of June 30, 2003 No. 41):

teachers;
Cultural workers

The above resolution specifies the types of job responsibilities, remuneration, as well as working hours for these categories of employees, if they want to work part-time.

Part-time employment contract.

For external part-time employment, the employment contract is no different from the employment contract for the main job. Except, of course, the note "about part-time work." For such contracts, employees of the personnel services of the enterprise use the standard form of the contract.

A very important point is the duration of the contract. They are temporary and indefinite.

Fixed term employment contracts. They are closed for a certain period. For example, for the period of any work, or until the main employee appears at the workplace.

How, according to all the rules, to register an employee when combining positions:

Indefinite part-time employment contracts. They do not specify a time frame. It can be terminated if the employee himself wants it, or if this workplace is occupied by the main employee.

The internal combination agreement also does not have any serious differences from the usual agreement. However, it should be noted that some employers are limited to concluding an additional agreement. This is fundamentally wrong. Additional agreement. Internal combination is the performance of additional official duties during their own working hours. Very often employers and employees of personnel services confuse these similar concepts.

The decision on the presence or absence of a probationary period remains at the discretion of the head. Although with an internal combination, the presence of a probationary period does not make any sense, because. the employee has already passed it when applying for the main job.

Filling out a work book when working part-time.

Since part-time work must be formalized by an employment contract, the question arises: is an entry made in the employee's work book?

The answer is quite simple. A part-time work book is filled out only if the employee himself wishes. With an external part-time job, it will be enough for the employee to bring a certificate stating that he performs this type of work, and the main employer will certainly enter this data into the work book.

Part-time salary.

As well as the conclusion of the contract, part-time payment has no features. The salary of such an employee is calculated in the same way as for an employee employed at the main place of work. All coefficients and all allowances are taken into account. The only difference is part-time work, which must be taken into account when calculating wages.

Is it possible to work part-time on maternity leave:

Vacation while working part-time.

Like any other employee, a part-time employee is entitled to leave. There are not many features here either. It is provided in accordance with the vacation schedule approved by the enterprise. Such an employee must definitely think over the time of his vacation in advance. For some employees, it will be convenient if it coincides with the vacation at the main place of work. And someone will want to take a break from their extra work in a different time period.

New edition Art. 282 of the Labor Code of the Russian Federation

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job, and with other employers.

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.

Commentary on Article 282 of the Labor Code of the Russian Federation

Part 1 of Article 282 introduces a definition of the concept of "part-time employment", distinguishing it as a separate type of employment contract.

Compatibility features are:

1. Work under another (besides the main) employment contract.

2. Work outside the working hours of the main employment contract.

An exception to the general rule is established by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to subparagraph "c" of paragraph 1 of this Decree, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work.

Pedagogical, medical, pharmaceutical and cultural workers are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

1) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

2) medical, technical, accounting and other expertise with a one-time payment;

3) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

4) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

5) the implementation by employees who are not on the staff of the institution (organization), the management of graduate students and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;

6) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;

7) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

8) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

9) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs 2 - 7 is allowed with the consent of the employer during regular working hours (paragraph 2 of the Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41).

The conclusion by one employee of several contracts on part-time work, unless otherwise provided by federal law, is quite acceptable.

There is a difference between internal combination (at the place of the main job) and external (with another employer).

Internal part-time work consists in the fact that two labor contracts are concluded with the employee - the main one and the contract for part-time work. Part-time work in the same organization with which the main labor contract is concluded cannot be carried out in the same profession, specialty or position, which is provided for by the main labor contract. This restriction is recognized by many experts as unreasonable and inconsistent with the practice of using personnel on the terms of internal combination.

Part 3 of Article 333 of the Labor Code establishes the permission to work part-time in a similar position, specialty, and in accordance with the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" determines the duration of work concurrently, which should not exceed:

Doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by the federal executive authorities, and in institutions and other organizations that are under the jurisdiction of the constituent entities of the Russian Federation or local governments - in the manner determined by state bodies. the authorities of the constituent entities of the Russian Federation or local governments;

Junior medical and pharmaceutical personnel - the monthly norm of working time, calculated from the established duration of the working week;

Pedagogical workers (including trainers-teachers, coaches) - half of the monthly norm of working time, calculated from the established duration of the working week;

Pedagogical workers (including trainers-teachers, trainers) who have half of the monthly norm of working time for their main work is less than 16 hours a week - 16 hours of work per week;

Cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration of the working week.

Internal part-time employment is not allowed in cases provided for by paragraph 4 of Article 98 of the Labor Code, when a reduced working time is established. However, the Labor Code and other federal laws may establish exceptions to this rule. So, part 5 of article 282 of the Labor Code is supposed to establish the features of part-time work for certain categories of workers. This legal norm was clarified by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41. The categories of workers named in it can work part-time and in cases of reduced working hours (with the exception of jobs for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation) . For example, medical workers for whom, in accordance with Article 350 of the Labor Code, reduced working hours are established, can work on an internal part-time basis if their work is not related to harmful working conditions, which are an independent basis for limiting working hours.

The Labor Code for certain categories of employees provides for prohibitions or restrictions on part-time work, in particular for persons under the age of 18, civil servants (except for scientific, teaching and creative activities (clause 1, article 11 of the Federal Law of July 31, 1995 N 119 -FZ "On the basics of public service in the Russian Federation"), municipal employees (except for scientific, teaching and creative activities (clause 1 of article 11 of the Federal Law of January 8, 1998 N 8-FZ "On the basics of municipal service in the Russian Federation")), prosecutors (except for scientific, teaching and creative activities (Article 40.2 of the Law of the Russian Federation of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation")), judges (except for scientific, teaching, literary and other creative activity (clause 3, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation")), members of the Federation Council and deputies of the State Duma (except for teaching, scientific oh, other creative activity (p. 2 tbsp. 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation")), to persons in command and employees of federal courier communications (except for creative, scientific, teaching work (Article 9 of the Federal Law of December 17, 1994 N 67-FZ "On Federal Courier Communication")), employees of federal state security bodies - except for scientific, teaching and creative activities (if it does not interfere with the performance of official duties), except for cases if the combination is caused by official necessity (clause 4, article 19 of the Federal Law of May 27, 1996 N 57-ФЗ "On State Protection"). This also includes employees of the personnel of the foreign intelligence agencies of the Russian Federation (with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 . N 5-FZ "On Foreign Intelligence")), employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank (with the exception of teaching, research and creative activities (Article 90 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)")). According to the Order of the Central Bank of the Russian Federation of February 4, 1997 No. N 02-15, all employees of the Bank of Russia system, with the exception of employees of subordinate organizations engaged in non-core activities (medical workers, employees of educational institutions, public catering establishments, trade, health institutions), do not have the right to work part-time, hold positions in credit and other organizations, unless otherwise established by the Board of Directors of the Bank of Russia.

The right to combine jobs is limited for citizens undergoing alternative civilian service, it is prohibited to combine it with work in other organizations (paragraph 2 of article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal combination for the heads of internal affairs bodies, departments, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of Russia and their deputies (with the exception of creative, scientific and teaching activities (clause 4 of the Decree of the Government of the Russian Federation of July 23, 1993 No. N 720 "On the procedure and conditions of service (work) part-time in the system of the Ministry of Internal Affairs of the Russian Federation")).

The work of other police officers concurrently in the system of the Ministry of Internal Affairs of the Russian Federation is carried out in the manner established by the Government of the Russian Federation (Article 20 of the Law of the Russian Federation of April 18, 1991 N 1026-1 "On the Police"). Decree of the Council of Ministers of the Russian Federation of July 23, 1993 N 720 establishes the following features of part-time work for employees of internal affairs bodies: services (work); b) dual employment is not allowed with subordination or control of positions in the main and combined service (work); c) part-time workers are not provided with guarantees and compensations provided for in the system of the Ministry of Internal Affairs of Russia, and also no bonus is paid for length of service.

In addition, it is not allowed to work part-time in heavy work, work with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as heavy, harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. To this end, Article 283 of the Labor Code provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, difficult, dangerous), to provide a certificate of the nature and working conditions at the main place of work. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

To a certain extent, the right to work part-time of the head of the organization, who can hold paid positions in other organizations only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person or body authorized by the owner, in accordance with Article 276 of the Labor Code, is limited to a certain extent. Here we are talking only about positions. Thus, part-time work as a worker is allowed without any approvals and permits.

Separate federal laws specify the procedure for such coordination. For example, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company, in accordance with paragraph 3 of Article 69 of the Federal Law of December 26, 1995 N 208- Federal Law "On joint-stock companies".

The strictest rule is provided for in paragraph 2 of Article 21 of Federal Law No. 161-FZ of November 14, 2002 "On State and Municipal Unitary Enterprises". Here, the head of a unitary enterprise cannot hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

A specific feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code makes it possible to conclude fixed-term employment contracts with part-time workers. The inclusion in the employment contract of a condition on the duration of its validity does not require an indication of the circumstance (reason) that served as the basis for concluding a fixed-term employment contract, since the status of a part-time worker itself serves as such a circumstance.

Another feature of part-time work is, since the regime of work and rest for a part-time worker does not coincide with the generally accepted in this organization. The employment contract of the part-time worker must establish a condition on the time of work of the part-time worker.

Another commentary on Art. 282 of the Labor Code of the Russian Federation

1. An employee has the right to conclude employment contracts for part-time work with any employers - both legal entities and individuals (Article 60.1 of the Labor Code of the Russian Federation).

In part 1 of Art. 282 of the Labor Code of the Russian Federation, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as a special type of employment contract. The characteristic features of part-time employment are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. An exception to the general rule is established by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers." According to sub. "c" clause 1, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours with the preservation of wages at the main place of work.

For pedagogical, medical, pharmaceutical and cultural workers, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;

f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;

g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational institutions, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41).

2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.

3. There is a difference between internal (at the place of the main job) and external (with another employer) part-time job.

With internal part-time work, in addition to the main labor contract, a second labor contract is concluded with the employee - on part-time work - and an additional order is issued on hiring part-time.

It should be noted that Art. 98 of the Labor Code, which previously established for internal part-time work a restriction in the form of a ban on working in the same profession, specialty or position, which is provided for by the main employment contract, has become invalid. This means that from October 6, 2006, employers can use their own staff on the terms of internal combination, entrusting any work.

Another prohibition contained earlier in Art. 98 of the Labor Code, - for internal part-time jobs with reduced working hours for the main job.

Part-time work is prohibited:

Persons under the age of 18 (part 5 of article 282 of the Labor Code of the Russian Federation);

Municipal employees - except for scientific, teaching and creative activities (clause 2, article 14 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation");

Judges - except for scientific, teaching, literary and other creative activities (clause 3, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation");

Members of the Federation Council and deputies of the State Duma - except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation ");

Deputies, elected officials working on a permanent basis - except for teaching, scientific, and other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in referendum of citizens of the Russian Federation");

Persons in command and employees of the federal courier communications - except for creative, scientific, teaching work (Article 9 of the Federal Law of December 17, 1994 N 67-FZ "On Federal Courier Communications");

Employees of federal bodies of state protection - except for teaching, scientific and other creative activities (if it does not interfere with the performance of official duties), except in cases where part-time employment is caused by official necessity (clause 4 of article 19 of the Federal Law of May 27, 1996 N 57 -FZ "On State Protection");

Employees of the personnel of the foreign intelligence agencies of the Russian Federation - with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 N 5 -FZ "On foreign intelligence");

Employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank - with the exception of teaching, research and creative activities (Article 90 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia )");

Citizens undergoing alternative civilian service are prohibited from combining it with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal part-time work;

Heads of internal affairs bodies, departments, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of Russia and their deputies - with the exception of creative, scientific and teaching activities (clause 4 of Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions of service (work ) concurrently in the system of the Ministry of Internal Affairs of the Russian Federation").

With regard to civil servants, the ban on part-time work has been replaced by restrictions established by the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation". In particular, according to paragraph 2 of Art. 14 of the Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of the management body of a commercial organization on a paid basis (with the exception of cases established by federal law). In addition, after dismissal from the civil service, a citizen is not entitled to fill positions in organizations for two years if certain functions of managing these organizations were directly included in his official duties (paragraph 3 of article 17 of the Law).

It is not allowed to work part-time in heavy work, work with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as heavy, harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code of the Russian Federation provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, difficult, dangerous), to provide a certificate of the nature and working conditions at the main place of work. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

In accordance with Part 1 of Art. 329 of the Labor Code of the Russian Federation, employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles (see article 329 of the Labor Code of the Russian Federation and commentary to it). Thus, in relation to transport workers, the legislator establishes not a ban, but a restriction on part-time work.

To a certain extent, the right to work part-time is limited to the head of an organization, who can work for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person or body authorized by the owner (see Article 276 of the Labor Code of the Russian Federation and commentary thereto) . Some federal laws specify the procedure for such approval. Thus, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company (clause 3 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies").

The most severe rule is established by paragraph 2 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". The head of a unitary enterprise is not entitled to hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.