The full text of Art. 282 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 282 of the Labor Code of the Russian Federation.

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

The conclusion of labor 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 at other employers.

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

It is not allowed to work part-time by persons under the age of eighteen, at work with harmful and (or) dangerous conditions labor, 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 the 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 and labor relations.

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

1. Part 1 of the commented article contains a definition of the concept of "combination". Based on this definition, part-time job is, first of all, the performance of other work in the free time from the main job. From this definition, we can conclude that part-time employment always presupposes the presence of a main job, which should be understood as labor activity, which the employee performs during most (main) part of the working time. In addition, the definition of the concept of "part-time job" contains an indication of a very important condition that characterizes part-time job, which is that part-time job is another job in free time from the main job. In other words, doing part-time work should not interfere with your main job.

Part-time work, like the main job, is paid.

2. Part 2 of the commented article implies the employee's right to perform an unlimited number of part-time jobs, that is, conclude employment contracts for part-time jobs with an unlimited number of employers, depending on their capabilities and abilities to perform other jobs.

This right is based on the provisions of the Constitution of the Russian Federation that everyone has the right to freely dispose of their abilities for work (Article 37 of the Constitution of the Russian Federation).

From part 3 of the commented article, it follows that there are two types of part-time jobs:
- internal - performance by the employee of other paid work for the main employer;
- external - performance by the employee of other paid work for other employers.

The subject of an internal part-time employment contract can be any work, including work in a similar position, specialty, profession, performed at the place of the main job (see the Cassation ruling of the Krasnodar Regional Court of August 18, 2011 in case No. 33- 18868/11).

3. In part 4 of the commented article, the element of the content of the labor contract on the performance of part-time work is fixed. In an employment contract for a part-time job, there must be a provision stating that the work performed under this employment contract is part-time work.

It should be borne in mind that if the employee has stopped labor Relations with the employer at the main place of work, then part-time work does not automatically become the main one for him (this conclusion is contained, for example, in the Cassation ruling of the Krasnodar Regional Court of August 18, 2011 in case N 33-18868 / 11).

4. Part 5 of the commented article defines the categories of workers who are prohibited from working part-time:
- minors;
- employed in work with harmful and (or) hazardous working conditions, if the main job is associated with the same conditions;
- other categories may be established by the Labor Code of the Russian Federation and other federal laws.

For example, job duties head of state or municipal educational organization, a branch of a state or municipal educational organization cannot be performed concurrently (Article 61 of the Federal Law "On Education in the Russian Federation"); employees of the Investigative Committee are not entitled to combine their main activity with other activities on a reimbursable basis, except for pedagogical, scientific and other creative activities (Article 5 of the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation"), etc.

5. Part 6 of the commented article contains a blanket rule concerning the specifics of regulating part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers). These features are established in the manner prescribed by federal law. So, according to the Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers", the specifics of part-time work of pedagogical, medical, pharmaceutical and cultural workers are determined by the Ministry of Labor and social protection RF by agreement with the RF Ministry of Health, RF Ministry of Culture and RF Ministry of Education and Science and taking into account the opinion of the Russian Trilateral Commission on the Regulation of Social and Labor Relations.

These features are established by a decree of the Ministry of Labor and social development RF of June 30, 2003 N 41 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers", according to which, in particular, the duration of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers within a month is established by agreement between employee and employer.

Consultations and comments of lawyers under Article 282 of the Labor Code of the Russian Federation

If you still have questions about Article 282 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

Active and energetic people are always trying to find something to do, even in the workplace. But which is better? Combining jobs or part-time jobs? The Labor Code of the Russian Federation separates these two concepts and dictates its own rules for the implementation of these two types of activities.

Combination or combination

It would be a big mistake to think that these two concepts mean the same kind of activity. These are completely different types of work organization.

In the case when the employee does other work in his free time, and at the same time it is paid according to the employment contract, this is part-time work. The Labor Code of the Russian Federation regulates this fact by Article 282. An employee has the right to perform part-time work not only with his employer, but also in other organizations.

If an employee works during a set shift and only for one employer, this is called a combination.

In this article, we will consider all the nuances of part-time job. But first, it should be clarified for which types of activities the part-time job of the Labor Code of the Russian Federation is not determined and, accordingly, the conclusion of an agreement is not required:

• For literary work (editing, translation, reviewing, etc.).
• For carrying out various examinations with a one-time payment.
• For pedagogical work with hourly wages providing no more than three hundred hours per year.
• For consultation by qualified professionals.
• For teaching in schools, preschool institutions, institutions of additional education with additional payment.
• To carry out work in the same organization without a full-time position, in particular, managing teachers' offices, departments or laboratories, managing commissions, supervising students, and so on.
• For work in the same institution of school or preschool appointment in excess of the norm for the rate of a pedagogue.
• To work on the organization of excursions with an hourly pay without a full-time position.

Types of part-time jobs. Specificity

All features of combining jobs are regulated by Ch. 44 of the Labor Code of the Russian Federation. Part-time work can be internal and external.

Externally, the employee performs systematic paid work at another place of work. It can be an organization, an entrepreneur without the formation of a legal entity, an individual without the formation of an individual entrepreneur.

Internally, an employee performs paid work for the same employer where he works on a full-time basis.

But there are some limitations to part-time work. The Labor Code of the Russian Federation regulates the following cases:

• Age restrictions. Persons under the age of eighteen cannot be hired part-time.
• Restrictions in working conditions. It is forbidden to work part-time in positions with harmful working conditions; if the main activity is related to transport management.
• Occupational and job restrictions. Part-time work is not possible for:
  • lawyers and judges;
  • police officers;
  • heads of organizations;
  • foreign intelligence officers and prosecutors;
  • employees of municipal services;
  • members of the government;
  • employees of the federal courier service.

Internal combination

So, if an employee has a desire to fulfill another obligation to his employer and receive wages for this, he can apply for an internal part-time job.

The employee must conclude one more labor contract, where the position, profession or specialty is indicated, as well as what the internal part-time job is. The Labor Code of the Russian Federation regulates these and other rules by Article 282.

External combination

This type of part-time job is typical for those employees who, while working at one enterprise, decided to get a part-time job for another employer. At the same time, the position that takes more time and requires more attention is considered the main one. The legislation does not provide for limits on the number of sources of income. But any employer is committed to long-term and productive cooperation, so a person who wants to get additional work needs to calculate his strength and capabilities.

A high workload can affect the quality of the work performed, which will further affect wages and the reputation of a person as a whole.

How to become a part-time worker

Hiring a part-time job of the Labor Code of the Russian Federation is regulated by Article 283. Since a part-time job is a socially protected citizen, then registration must take place in accordance with all the rules:

• The employee submits all the necessary documents to the personnel department.
• The employer and the employee sign a contract. It can be urgent (for a certain period of time, for seasonal work, for a time while there is no permanent employee) or indefinite (until the employee himself wants to terminate the contract).
• On the basis of the signed contract, an order is issued for part-time work.

It should be remembered that part-time employees have the same rights and guarantees as the main employees.

According to labor legislation, part-time workers must work in conditions that meet all labor protection requirements. For example, if an accident occurs with a part-time employee, then the investigation of this fact and further compensation are made at the place of the part-time job.

Registration

You don't need to think that part-time jobs are somehow different in documenting from the main job. The part-time work of the Labor Code of the Russian Federation is regulated. Registration takes place in accordance with all the rules established at the enterprise. The employee must submit the following documents:

• Passport of a citizen of the Russian Federation.
• SNILS.
• Education documents.

After the documents are collected and submitted to the personnel department, regardless of the type of combination, an employment contract is drawn up in the prescribed form. Next, order T-1 on hiring is signed, where working conditions, rate and payment are prescribed.

The part-time worker needs to know that the employer cannot demand work book... This document remains at the main place of work, and if an employee wants to make an entry in it, he can bring a certificate from part-time work, transfer it to the personnel department and there they will already make a corresponding entry.

Payment

It is advisable to ask how the part-time job is paid. The Labor Code of the Russian Federation regulates this issue of Art. 285, ch. 44. Such work is paid in proportion to the time worked or on other conditions that are determined by the agreement between the parties.

If a piece-rate payment is set for an employee, he is paid according to the amount of work actually performed.

The minimum wage for a part-time employee is based on the fact that he does not perform his duties all the time. Also, if the work is performed in conditions deviating from normal, the employee accepts an increased payment for part-time work. The Labor Code of the Russian Federation says about this in Articles 146-154.

If an employee had to fulfill his duties in an area where a coefficient or a salary increase is established, then the payment for part-time work of the Labor Code of the Russian Federation is regulated according to the indicators.

A separate point is the increase for long-term work experience. This includes part-time work in the following categories:

• The medicine. If an employee holds a part-time full-time position in organizations that are funded from the federal or regional budget.
• Ministry of Defense of the country. The premium is charged to civilian employees who work part-time in these bodies.
• Federal Agency for Government Communications and Information.

In addition to incentives, part-time employees may be entitled to guarantees and compensation, which are provided for by legislative and other regulations, contracts, agreements, internal corporate acts. Warranties and compensations do not apply to employees who receive education and work part-time, as well as for those who part-time went to work in the Far North.

Work time

The time that an employee spends on work is established by Article 284 of the Labor Code of the Russian Federation. Part-time work should not exceed four hours per day. An exception is the moment when at the main place of work the employee is free from performing his duties. Then he can work part-time full time. But the hours spent at a part-time job are reporting period must not exceed the monthly rate established for this category of employees.

These restrictions may not apply if the employee has stopped his activities at the main job or was suspended from it.

So, there is a general rule that applies to all part-time employees. The working time in combination with the Labor Code of the Russian Federation is determined as follows:

• 4 hours a day.
• 16 hours a week.
• 4 days work week for 4 hours.
• Five days - 3 hours 12 minutes.

An exception was made for workers in medicine, pharmacology, pedagogy and culture. For them, the working time is determined according to the agreement specified in the employment contract. Nevertheless, the working time cannot be longer:

• ½ the monthly norm, calculated from the total duration of the entire week (for doctors and pharmacists, as well as teachers).
• 16 hours a week.
• The monthly rate calculated from the total duration of the entire working week (for doctors and nurses, as well as cultural workers).

For doctors working part-time in countryside, an eight-hour working day and a 39-hour week are envisaged.

Is there a vacation?

Does vacation provide for part-time work? Labor Code of the Russian Federation, according to Art. 286, speaks of the possibility of granting annual leave to a part-time employee at the same time as leave at the main job. In the case when an employee has worked for less than six months at an additional job, the leave is given to him in advance.

If there is a discrepancy between the length of leave at the request of the employee, the employer at the additional job can increase the leave without pay to the required number of days.

Let's look at an example. Taking into account the Labor Code of the Russian Federation, part-time work (Article 286) also implies an annual paid vacation. For example, teaching activity provides for 56 days of leave. But a teacher can work part-time as a programmer, and in this position the vacation is only 28 days. In accordance with the law, the employer must provide the citizen with 28 days of paid leave and another 28 days without pay.

Pay for vacation and compensate unused days the employer must rest according to generally established rules. To get a well-deserved rest at a part-time job, the employee must provide a copy of the order from the main job.

In addition to the main vacation, there are other vacations that provide for legislative standards and, in particular, chapter 44 of the Labor Code of the Russian Federation. Part-time work allows you to take additional leave and go on maternity leave.

To take additional leave from a second job, you need:

• Prove the irregularity of the working day.
• Performing work duties flawlessly.
• Perform duties in hazardous or harmful conditions.
• Have a long working experience.

When registering maternity leave at a part-time job, a woman must provide completed documents from her main job. At the same time, in order to receive an allowance not only for the first job, but also for the second, the expectant mother must work as a part-time job for at least 2 years. The duration of such leave is the same for all types of work.

Termination of an employment contract

In addition to the well-known grounds on which an employment contract can be terminated, there are additional reasons for the dismissal of a part-time employee, as stated in Article 288 of Article 44 of the Labor Code of the Russian Federation. Part-time work can be terminated, and the employee fired if an employee came to his place, for whom this position will be the main one, and the work will be permanent.

If this happens, the employer is obliged to notify the employee of this fact 14 days in advance. writing... But in this case, the person can not be fired, but offer him, for example, another job (if any). But then a new employment contract must be signed with this employee.

But this issue has its own nuances. For example, dismiss an employee using Art. 288 of the Labor Code of the Russian Federation is impossible if a fixed-term contract was concluded between him and the employer.

Also, an employee cannot be fired, even if he came to his place. the new employee if the first one is on sick leave or in annual leave... At the same time, the labor code applies this rule to all employees. An exception may be the liquidation of the enterprise or the termination of the activity of the individual entrepreneur.

Also, according to legislative acts, if a contract with a part-time job is terminated due to a layoff, the employer is obliged to inform him several months before this event. The employee is obliged to write a receipt that he agrees with this fact. Like the main employees, part-time workers can get additional work severance pay due to dismissal due to layoffs.

Those who want to start working part-time will need to pay attention to the Labor Code and those of its articles that are devoted to part-time jobs. In particular, Chapter 44 of the Labor Code of the Russian Federation will tell everything about part-time jobs. Part-time work and all the nuances related to it are described in detail here with all the necessary comments. Every year there are various legislative changes that may affect the decision-making, and at the moment the Labor Code contains a lot of changes and articles that have already expired.

Labor Code, N 197-FZ | Art. 282 of the Labor Code of the Russian Federation

Article 282 of the Labor Code of the Russian Federation. General Provisions on part-time work (current edition)

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

The conclusion of labor 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 at other employers.

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

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

Specifics of regulating part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the specifics 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 Trilateral Commission for the Regulation of Social - labor relations.

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Commentary on Art. 282 of the Labor Code of the Russian Federation

1. In accordance with part 1 of the commented article, part-time work is work under an employment contract if:

The employment contract was concluded by an employee who is already a member of labor relations with the same or with another employer;

Under this contract, work other than the main one is performed;

The work performed under this employment contract is regular and paid;

Other work is performed by the employee in his free time from the main work.

2. An employee has the right to conclude labor contracts for part-time work with an unlimited number of employers (part 2 of article 282). In this case, any permission (consent), incl. and from the employer at the main place of work, this, as a rule, is not required. The exceptions are cases directly provided for by federal law. For example, according to Art. 276 TC, the head of the organization has the right to work part-time for another employer only with the permission of the authorized body legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (see comments to Art. 276).

3. According to part 3 of the commented article, part-time work can be performed both at the main place of work and at other employers. Work performed under another employment contract with the same employer is called internal part-time work, with another employer - external part-time work (see commentary to Art. 60.1).

The commented article admits work in order internal combination as in the same specialty (profession or position) in which the main work is performed at of this employer, and on the other. In other words, an employee can work in both external and internal part-time jobs in any specialty, profession or position stipulated by the employment contract, incl. and for the same as in the main job.

4. When concluding an employment contract for part-time work, it, along with other mandatory conditions, must indicate that the work is part-time (part 4 of the commented article; see also comments to article 57). Both internal and external part-time jobs are formalized by an employment contract concluded in writing. In this case, the general rules established by Art. Art. 67, 68 TC (see comments to them).

By concluding an employment contract for part-time work, the employee acquires, under this contract, an appropriate legal status, which does not change automatically due to changes taking place at the main place of work. For example, if an employee has terminated the employment relationship with the employer at the main place of work, then part-time work does not become the main one for him. This conclusion follows from the content of Part 4 of Art. 282, according to which the condition of part-time work is a prerequisite employment contract, and Art. 72 of the Labor Code, stipulating that changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and in writing (see comments to Art. 72).

5. Part 5 of the commented article provides for which categories of workers and under what conditions are prohibited to work in combination.

In accordance with it, in all cases, part-time work of persons under the age of 18 is not allowed.

Persons employed in their main job in jobs with harmful and (or) hazardous working conditions can work part-time, provided that the part-time job is not associated with the same conditions, i.e. harmful and / or dangerous.

Employees whose work is directly related to the management of vehicles or traffic management Vehicle, part-time work directly related to driving or driving traffic is not allowed. The list of jobs, professions, positions directly related to vehicle management or vehicle traffic management is approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations (see comments to Art. 329). At present, such a List is approved by the Decree of the Government of the Russian Federation of January 19, 2008 N 16.

Part-time work is not allowed in other cases, if it is expressly provided for by federal law.

So, according to Art. 21 of the Law on State and Municipal unitary enterprises the head of a unitary enterprise is not entitled to: be a founder (participant) of a legal entity; hold positions and engage in other paid activities in government bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities; study entrepreneurial activity; be the sole executive body or a member of a collegial executive body commercial organization, with the exception of cases when participation in the bodies of a commercial organization is included in the official duties of this head.

6. The specifics of regulating part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in accordance with Part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations.

The Government of the Russian Federation, by Decree of 04.04.2003 N 197 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" instructed the Ministry of Labor and Social Protection of the Russian Federation to establish such features in agreement with the Ministry of Health of the Russian Federation, the Ministry of Culture of the Russian Federation and the Ministry of Education and Science RF, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Judicial practice under article 282 of the Labor Code of the Russian Federation:

• Supreme Court Decision: Determination No. APL17-146, Appeals Panel, Appeal

  Contrary to the arguments of the appeal, paragraphs 10, 12 of the Rules do not conflict with Articles 282-288 of the Labor Code of the Russian Federation, which regulate the peculiarities of the work of persons working part-time ...

• Supreme Court Decision: Determination No. АПЛ12-291, Appeals Panel, Appeal

  He pointed out that the normative prescriptions he contested do not comply with Articles 37, 44 of the Constitution of the Russian Federation, Articles 282, 283, 331 of the Labor Code of the Russian Federation, Articles 53, 56 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" and violate his constitutional right to work and freedom of teaching ...

• Supreme Court Decision: Determination No. 2-APG16-2, Judicial Collegium for Civil Cases, appeal

  According to 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 the main job ...

+ More ...

Article 282. General provisions on part-time work

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

The conclusion of labor 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 at other employers.

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

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

Specifics of regulating part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the specifics 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 Trilateral Commission for the Regulation of Social - labor relations.

Article 283. Documents presented when applying for a part-time job

When applying for a part-time job with another employer, the employee must present a passport or other identity document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or its duly certified copy, and when hiring a job with harmful and (or) dangerous working conditions - a certificate of the nature and conditions of work at the main place of work.

Article 284. Duration of working hours in case of part-time work

The duration of the working time in case of part-time work should not exceed four hours a day. On days when at the main place of work the employee is free from the performance of labor duties, he can work part-time full-time (shift). During one month (another accounting period), the duration of working time in case of part-time work must not exceed half of the monthly norm of working time (norm of working time for another accounting period) established for the corresponding category of workers.

The restrictions on the duration of working hours during part-time work established by part one of this article shall not apply in cases where the employee at the main place of work has suspended work in accordance with part two of Article 142 of this Code or is suspended from work in accordance with parts two or four of Article 73 of this Code.

Article 285. Remuneration for the work of persons working part-time

Remuneration for the work of persons working part-time is made in proportion to the hours worked, depending on the output, or on other conditions determined by the employment contract.

When establishing standardized tasks for persons working part-time with time-based wages, labor remuneration is made according to the final results for the amount of work actually performed.

For persons working part-time in areas where regional coefficients and wage increments are established, remuneration is made taking into account these coefficients and increments.

Article 286. Leave when working part-time

For persons working part-time, annual paid leave is provided simultaneously with leave for the main job. If an employee has not worked for six months at a part-time job, then the vacation is provided in advance.

If at part-time work the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him unpaid leave. wages appropriate duration.

Article 287. Guarantees and compensation to persons working part-time

Guarantees and compensations to persons combining work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at the main place of work.

Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreements, agreements, local regulations, are provided to persons working part-time in full.

Article 288. Additional grounds for termination of an employment contract with persons working part-time

In addition to the grounds provided for by this Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated in the event of hiring an employee for whom this work will be the main one, about which the employer warns in writing. the specified person at least two weeks before the termination of the employment contract.

The new edition of the Labor Code has significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of labor organization differ? What features should be taken into account when hiring a part-time worker? Do I need to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in the proposed article.

Combining and combining - absolutely different shapes organization of labor. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the work of part-time workers and those who are mastering other positions and professions, we will briefly understand the terminology.

If an employee, in his free time from his main job, performs other regular paid work on the terms of an employment contract, this is a part-time job (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only for your employer, but also in another organization (for another entrepreneur or an individual who is not an entrepreneur).

When combining professions (positions), work is carried out "during the established duration of the working day (shift)" and always at the same employer (Article 60.2 of the Labor Code of the Russian Federation).

Now that the main differences between combining and combining are determined, you can proceed to the details.

Part-time job

So, there are several factors that determine the part-time job: the employee has the main place of work, performs labor functions (job duties) in his free time from the main job, does it regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.

As follows from article 60.1 of the Labor Code of the Russian Federation, part-time employment can be external and internal.

External combination- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization, an entrepreneur without a legal entity, and an employer - individual who is not an entrepreneur.

Internal combination- performing other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work indicating the position, profession, specialty as a part-time job.

Who cannot be part-time

Part-time work is prohibited for certain categories of citizens by the Labor Code. Firstly, these are persons under the age of 18. And secondly, employees whose main work is associated with hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.

In addition, some restrictions on part-time work have been established for the leaders of organizations. So, according to article 276 of the Labor Code of the Russian Federation "the head of an organization can work part-time 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 a person (body) authorized by the owner."

In certain cases, the Labor Code refers the employer to other federal laws and regulations that restrict the combination of individual employees. This, in particular, federal laws on state and municipal unitary enterprises, bodies of the judicial community, advocacy and advocacy, justices of the peace. The list of such acts also includes decrees of the Government of the Russian Federation (for example, a decree regulating the procedure and conditions of service (work) concurrently in the system of the Ministry of Internal Affairs of Russia).

The prohibition on part-time employment is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition, can only engage in teaching, scientific or other creative activities. The conditions for part-time work of teaching, medical, pharmaceutical and cultural workers are also special, regulated by the Labor Code, other laws and acts. For example, the decrees of the Government of the Russian Federation of the same name dated 04.04.2003 No. 197 and the Ministry of Labor of Russia dated 30.06.2003 No. 41 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers."

We conclude an employment contract with a part-time job and arrange it for work

The procedure for hiring an employee on a part-time basis is the same as when hiring him for his main job. An employment contract with a part-time job is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other with the employee's mark “I received the second copy of the employment contract” is kept by the employer.

NOTE

Part-time job: what has changed To assess the volume of innovations associated with part-time jobs, you need to at least leaf through the new edition of the Labor Code. Olga Rusakova did it for you, and you just have to look through the list of major changes and pay attention to those that are relevant specifically for your company. 1. Article 98 of the Labor Code, which regulates labor relations with part-time workers, has ceased to be in force. New articles have appeared: 60.1 - on part-time and 60.2 - on combination. 2. Established the rules of confinement special kind an employment contract - on the performance of work on a part-time basis. As before, the working time of a part-time worker should not exceed 4 hours a day. But the norm - no more than 16 hours a week is outdated. Now, within one month (another accounting period), the duration of working time in part-time work should not exceed half of the monthly norm of working time (norm of working time for another accounting period) established for the corresponding category of workers. Moreover, on days when at the main place of work the employee is free from the performance of labor duties, he can work part-time full-time (shift). The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee: At the main place of work, he suspended her in accordance with part 2 of article 142 of the Labor Code of the Russian Federation (due to the violation by the employer of the terms of payment of wages); Suspended from work on the basis of part 2 or 4 of article 73 of the Labor Code of the Russian Federation (if it is impossible to transfer the employee to another job in accordance with the medical report). 3. Additional grounds for termination of an employment contract with part-time workers have changed significantly. Previously, an employment contract with a part-time job could be terminated in the event of hiring an employee for whom this work will be the main one. Now the legislator has clarified that such an agreement can only be of unlimited duration, and has established the terms within which the employer is obliged to notify the employee in writing - at least two weeks before dismissal. 4. Serious changes have been made to Article 332 of the Labor Code. Previously, “when filling positions of scientific and pedagogical workers in higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract was preceded by competitive selection". Now the legislation allows the hiring of a scientific and pedagogical staff member without a competition, but only on a part-time basis. This is done "in order to maintain the continuity of the educational process."

In the employment contract, it is necessary to prescribe that the work will be performed on a part-time basis (paragraph 4 of article 282 of the Labor Code of the Russian Federation). For example, the relevant provision may look like this: "The employee is hired by the Employer on a part-time basis."

Typical employers' mistake: with an employee who is hired as a internal part-time, a new employment contract is not concluded. At the same time, the salary is calculated simultaneously for the main job and for the part-time job.

However, it is necessary not only to conclude an employment contract with such an employee, but also to fill out a personal card for him (form No. T-2), as well as assign a personnel number. That is, in the time sheet, this employee will appear twice: as the main employee and as a part-time employee.

Scroll mandatory documents when hiring on a part-time basis is given in Article 283 of the Labor Code. This:

Passport or other identity document;

Diploma or other document on education, professional training in case the forthcoming work requires special knowledge (or duly certified copies of such documents);

Certificate of the nature and conditions of work at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.

However, the listed documents may not be required from an internal part-time worker, since copies of all required documents such an employee has already submitted.

Working hours

The legislation, as before, limits the maximum duration of the working hours of part-time workers, but does not specify the minimum duration.

“The duration of the working time for part-time work should not exceed four hours a day. On days when at the main place of work the employee is free from the performance of labor duties, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours in part-time work should not exceed half of the monthly working time norm (working hours for another accounting period) established for the corresponding category of workers "(Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the norm of working time is 40 hours, then the duration of the working time of a part-time worker cannot exceed 20 hours.

ADVICE

If the company has part-time employees 1. You need to hire an employee on an internal part-time basis for a similar vacant post... In such a situation, it is better to make changes to the staffing table in advance. Namely: rename the position or introduce a new staffing unit, make adjustments to job description or compose a new one. For example, if an employee holds the position of assistant secretary at his main place of work, then concurrently offer him the position of secretary. 2. You accept an employee on a part-time basis for hard work, work with harmful and (or) dangerous working conditions. Write down in the employment contract the employee's obligation to notify you if his working conditions at the main place of work become similar. 3. In your organization there are part-time workers whose work results, qualifications, speed, quality of work are higher than those of the main employees. Keep in mind that you can set part-time bonuses for complexity, intensity, and thus increase the salary. We are talking, of course, about workers who take identical positions with the same job descriptions.

note: Limitations on the duration of working hours for part-time jobs do not apply in two cases.

First case. At the main place of work, the employee suspended work due to the violation by the employer of the terms of payment of wages (part 2 of article 142 of the Labor Code of the Russian Federation).

Second case. An employee was suspended from his main job in accordance with a medical certificate, and it is impossible to transfer him to another job (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

Considering that the mode of working time and rest time (it is usually individual for part-time workers) is a prerequisite for inclusion in an employment contract, it must be prescribed in an employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:

“The employee is assigned a five-day working week with a duration of 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.

The days off for the Employee are Saturday and Sunday. "

“An employee is assigned a 12-hour work week. The employee works on a sliding schedule: on Monday, Wednesday and Friday from 18.00 to 20.00, on Tuesday and Thursday from 17.00 to 20.00. The days off for the Employee are Saturday and Sunday. "

Salary

Part-time work is paid “in proportion to the time worked, depending on the output or on other terms determined by the employment contract. This is indicated in article 285 of the Labor Code of the Russian Federation.

When establishing standardized tasks for persons working part-time with time-based wages, labor remuneration is made according to the final results for the actually performed amount of work. " In this case, part-time workers are obligatorily paid all the necessary regional coefficients and allowances, where they are established.

NOTE

Combination: do not miss the innovations Earlier, the Labor Code did not regulate the issues of combining. Now, in article 60.2, the procedure for performing additional work: When combining professions (positions); Expansion of service areas, increase in the volume of work; Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract. In accordance with article 60.2 c written consent an employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of the Labor Code of the Russian Federation). The legislator has established that the term during which the employee will perform additional work, its content and volume, the employer sets with the written consent of the employee. Together with the new article, the employee has the right to early refuse to perform additional work, as well as the employer's right to prematurely cancel the order to perform it, notifying the other party about this in writing no later than three working days.

As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a system of remuneration for a part-time job is to comply with the norms of Article 132 of the Labor Code of the Russian Federation. It states: "The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, and is not limited to the maximum amount." In determining the size of wages, any kind of discrimination is prohibited.

A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, "the monthly wage of an employee who has worked for this period the norm of working hours and fulfilled the labor standards (labor duties) cannot be lower than the minimum wage." But the remuneration of part-time workers can be calculated in proportion to the hours worked or in proportion to the output and, thus, be less than the minimum wage.

Vacation

The procedure for granting leave to part-time workers is clearly spelled out in article 286 of the Labor Code and differs significantly from the procedure for granting leave for main work. In particular, this article says that “to persons working part-time, annual paid leave is provided simultaneously with leave for the main job. If an employee has not worked for six months at a part-time job, then the leave is provided in advance. "

Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises from the employee after six months of his continuous work with this employer ", does not apply to part-time workers. External part-time who wants to get another vacation at the same time as a vacation at the main place of work, it is possible to recommend taking the relevant certificate of the main place of work and presenting it to the employer who is doing part-time work.

The duration of the leave of part-time workers, as well as of main employees, cannot be less than 28 calendar days(Article 115 of the Labor Code of the Russian Federation). If the duration of the leave of the part-time worker at the main job is longer than at the part-time job, the employer is obliged, at the request of the part-time worker, to provide him with leave without pay for the corresponding duration. The calculation of the size of the average salary for the payment of vacations and the payment of compensations for unused vacations is carried out according to general rules... This is stated in article 139 of the Labor Code.

What to do if a part-time employee leaves the job after using the vacation in advance? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee's salary for unworked vacation days.

Warranties and compensations

To employees working on a part-time basis, guarantees and compensations provided for by law, local regulations, agreements are provided in full. An exception is the list of guarantees and compensations "to persons combining work with training, working in the Far North and equivalent areas." In these cases, guarantees and compensations are provided to employees only at the main place of work (Article 287 of the Labor Code of the Russian Federation).

One more exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of an organization or the termination of activities. individual entrepreneur(Clause 1 of Art. 81), as well as in connection with the reduction in the number (staff) of employees of an organization, an individual entrepreneur (Clause 2 of Art. 81). Such an employee is paid only severance pay in the amount of the average monthly earnings on the basis of Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at the main place of work, he does not retain the average monthly earnings for the period of employment.

Dismissal

An employment contract with a part-time job in accordance with Article 288 of the Labor Code can be terminated on general grounds. Recall that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for terminating an employment contract: "An employment contract concluded for an indefinite period with a person working part-time may be terminated in the event of hiring an employee for whom this work will be the main one."

note: This is a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.

As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to notify the part-time worker about this in writing. Moreover, this must be done at least two weeks before the specified event.

In all cases, the day of dismissal of an employee is the last day of his work. On this day, the employer is obliged to make a full settlement with him.

And one moment. According to article 66 of the Labor Code of the Russian Federation "at the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work."

LLC "Kaskad" represented by general director Vlasov Anatoly Evgenievich, acting on the basis of the Charter, hereinafter referred to as the Employer, and the citizen of the Russian Federation Limonova Maria Grigorievna, hereinafter referred to as the Employee, concluded supplementary agreement about the following: "The employee is entrusted in the order of combining positions with the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles a month." 2. This supplementary agreement is an integral part of the employment contract and comes into effect on October 10, 2006. Addresses and signatures of the parties ...

Combining professions (positions)

When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation). Let's figure out the nuances.

Under combining professions means the performance by the employee, along with the work specified in the employment contract, additional work in another profession. Combining positions is the performance of additional work by an employee in another position. The concept of "combination of professions" is used in relation to workers, and the concept of "combination of positions" - in relation to employees and specialists.

The combination also includes expansion of service areas, increase in the volume of work... In this case, the employee, along with the work specified in the employment contract, performs an additional amount of work in the same profession or position.

And finally, another type of combination is the fulfillment of the duties of a temporarily absent employee without being released from work specified in an employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or for other reasons) and for whom, in accordance with current legislation persists workplace(position).

The period during which the employee will perform additional work is established by the employer with the written consent of the employee. This is stated in article 60.2 of the Labor Code of the Russian Federation. The amount of payment for the combination is established by agreement of the parties to the employment contract, taking into account the content and (or) the amount of additional work. This is indicated in Articles 60.2 and 151 of the Labor Code of the Russian Federation.

All types of combination of professions (positions) can be assigned only with the written consent of the employee. The combination is made out as follows. Due to the fact that the conditions for "labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee) "are mandatory for inclusion in an employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions), it is necessary to conclude an additional agreement to the employment contract.

On the basis of the concluded additional agreement, it is necessary to issue an order on the combination of positions, for example, with the following text:

“Maria Grigorievna Limonova, assistant secretary, should be instructed in the order of combining positions to fulfill the duties of an office manager from October 10, 2006 with an additional payment for combining positions in the amount of 5,000 rubles a month."

note: when registering the combination, it is not required to conclude a new employment contract, as well as to make entries in the work book.

The employee has the right to prematurely refuse to perform additional work, and the employer has the right to prematurely cancel the order to perform it, notifying the other party about this in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement to the employment contract is also concluded, and on its basis an order is issued to cancel the combination.