Who is prohibited by law from working part-time? Combination and part-time: the difference. Part-time employment contract

The volume of work in a certain position does not always require the involvement of a full-time employee. The solution in this case may be to hire a part-time worker or assign an employee to combine positions. Despite sounding similar, there is a significant difference between part-time and combination.

Part-time job- this is the performance by an employee of a labor function in his free time from his main job. Part-time work is formalized with a separate employment contract, in which it is indicated that the work is not the main one. Part-time work can be internal, when part-time work and the main work are performed by one employer, and external - if work is carried out by different employers.

Combination- this is the performance by an employee of additional work in another position without interruption from his main job. Combining positions cannot be external, because additional work must be performed while the employee is at his main job.

In this article we will take a detailed look at part-time and combination jobs and compare their features in the table.

Who is allowed to work together?

Part-time work is associated with an increased burden on the employee. Although additional working hours is already limited by Article 284 of the Labor Code of the Russian Federation (no more than four hours a day), but the legislation establishes a number of other prohibitions and restrictions on part-time work. These restrictions are caused not only by protecting the employee from overload, but also by a possible decrease in the quality of work during part-time work, as well as by respecting the interests of employers.

Article 282 of the Labor Code of the Russian Federation establishes a ban on part-time work for workers under eighteen years of age and for work with hazardous or dangerous conditions labor, if the main work is performed under the same conditions.
Employees whose job function is related to driving vehicles cannot work part-time if they have the same responsibilities at their main job (Article 329 of the Labor Code of the Russian Federation).
It is prohibited for state and municipal employees to hold a second job (Article 17 of Law No. 79-FZ dated July 27, 2004).
Part-time work for heads of organizations may be permitted only with the consent of the owner of the organization or an authorized body legal entity(Article 276 of the Labor Code of the Russian Federation).
For cultural workers and teaching, medical, and pharmaceutical workers, part-time work is permitted only if their main job has a reduced working time (Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41).
Athletes and coaches have the right to work part-time for another employer in the same capacity only with the permission of the employer at the main place of work (Article 348.7 of the Labor Code of the Russian Federation).
Special regulations establish restrictions on part-time work for judges, prosecutors, lawyers, military personnel, deputies of the State Duma of the Russian Federation and members of the Government of the Russian Federation.

Violation of the law when hiring part-time workers for whom prohibitions or restrictions on such work have been established may lead to penalties for the employer (from 1 to 5 thousand rubles per officials and individual entrepreneurs and from 30 to 50 thousand rubles for organizations).

In general, an employer cannot prohibit an employee from working part-time. There is no limit to the number of other employers with whom an employee can enter into such employment contracts, provided, of course, that the condition limiting additional working hours is met.

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Part-time employment contract

When applying for part-time work, a separate agreement must be concluded. The work function in an additional job may be the same as in the main job or different from it.

Employment contract for a part-time worker must include the usual contractual terms and must contain a clause that the work is performed part-time. The contract can be concluded for a certain period or indefinitely.

When concluding an employment contract with a part-time worker, it is not filled out, but this can be done at the request of the employee. To do this, you must submit a document confirming additional work to the place of your main job (where the work book is kept). Such a document may be a certificate of employment, a certified copy of an order or an employment contract. In case of internal part-time work, the employee’s personal file (if it is maintained) will contain documents related to both jobs.

A part-time employment contract is terminated on the same grounds as in the general case, but an additional reason for terminating the contract will be the hiring of an employee for whom this work will become the main one.

If a part-time worker quits his main job, then at the workplace where he worked part-time, he can be hired full-time. To do this, it is necessary to draw up a corresponding additional agreement to the employment contract with him, and in work book make a note that the work from such and such a date is the main one for the employee.

Features of part-time work

A part-time worker must manage to fulfill his duties at two or even several jobs, so his work schedule will have some features. Working hours are recorded in a time sheet, and an employee with an internal part-time job can be assigned two personnel numbers. The salary of a part-time worker is calculated according to the terms of the employment contract. Payment can be hourly, piecework or on any other terms.

When recording the working time of a part-time worker, you must pay attention to ensuring that the additional working time does not exceed half of the standard working time for the accounting period. For example, if in October 2015 the standard working time with a 40-hour weekly workload is 176 hours, then part-time working hours cannot be more than half of this standard, i.e. 88 hours per month.

A part-time worker can also be involved in overtime work, in excess of these norms, but always in compliance with the norm overtime hours(no more than four hours for two consecutive days and no more than 120 hours in general accounting for the year). Payment for overtime hours is carried out as usual, according to the norms of Article 152 of the Labor Code of the Russian Federation (no less than one and a half times the amount for the first two hours, and no less than double the amount for all subsequent hours).

A part-time worker is provided with annual paid leave during the same period as at the main job. To confirm the date of leave, the employee must present a certificate or a copy of the leave order from his main job. The total duration of vacation during part-time work does not increase, but vacation pay is calculated taking into account the earnings received.

If an employee at a part-time job has not yet worked the required six months, then he must be given leave in advance. Depending on the position and category of the employee, the duration of vacations at the main job and part-time job may vary. In this case, to combine vacation periods, the employee may be given several days without pay.

A part-time employee may be sent on a business trip. When the part-time job is internal, the employer takes into account only his own interests, and problems with choosing the timing of the business trip do not arise. If the places of work are different, you can send a part-time worker on a business trip only for the time when he is free from his main job.

In the event that the time of a business trip for a part-time job cannot be rescheduled, employers must enter into an agreement among themselves on the order in which the employee will perform his job duties for this period (Resolution of the Government of the Russian Federation of October 13, 2008 No. 749). Of course, in practice such agreements are of little use, because a business trip is rarely so short that the employee has time to return to his main place of work the next day. But it is possible to agree that the employee will take several days without pay at his main job. Travel expenses are, of course, borne by the employer who sent the employee.

During the illness of an internal part-time worker, he is paid one temporary disability benefit based on one piece of paper, but taking into account the average earnings at all jobs. If the employers are different, then several certificates of incapacity for work are issued to be provided for each place of work.

Combination

The Labor Code does not establish prohibitions or restrictions on combinations (as opposed to part-time work), but the written consent of the employee is required to be assigned additional work.

When combined, the employee may be entrusted with some new job function (then we're talking about on combining positions), the service area has been expanded or the volume of work in the same position has been increased. It is important that when combining positions, additional work must be performed during the same working hours as the main one, so here it is necessary to take into account the specifics of labor functions. Thus, the positions of accountant and cashier are often combined; lawyer and personnel officer; manager and commercial director; leader and driver.

For performing additional work as part of a combination, the employee receives a remuneration, the amount of which is determined only by agreement of the parties. The law does not establish a minimum or maximum amount for this additional payment. For comparison, with a part-time job, the employee must receive the corresponding part official salary, for example, half-time or quarter-rate.

When registering a combination, the additional agreement to the employment contract must indicate:

name of the combined position or profession;
volume and content of additional work;
the period for which the combination is established;
amount of additional remuneration.

The employee and employer have the right to refuse to perform additional work ahead of schedule, for which they must notify the other party in writing no later than three days in advance.

Part-time job	Combination
An employment contract when registering for part-time work is concluded (Articles 60.1 and 282 of the Labor Code of the Russian Federation)	A separate employment contract is not concluded, but an additional agreement is drawn up to it (Article 151 of the Labor Code of the Russian Federation)
An entry in the work book is made at the request of the employee (Article 66 of the Labor Code of the Russian Federation)	No entry is made into the work book
Termination of part-time work is formalized by termination of the employment contract	Termination of combining positions or performing an additional amount of work occurs when the employee refuses to perform it ahead of time or when the employer’s order to perform this work is canceled (Article 60.2 of the Labor Code of the Russian Federation)
Part-time work is performed in free time from the main job and should take no more than 4 hours a day (Article 60.1 of the Labor Code of the Russian Federation)	Additional time is not allocated to perform work when combined; the additional work function must be performed without interruption from the main job during the working day
Remuneration is made in proportion to the time worked or according to the volume of work performed (Article 285 of the Labor Code of the Russian Federation)	For combining positions, an additional payment is made, the amount of which is determined by agreement of the parties (Article 151 of the Labor Code of the Russian Federation)

Any person who works in an organization can enter into employment contracts with other enterprises and engage in additional work activities in their free time. This is called part-time work. Basics workplace differs from an organization where a worker works on a part-time basis, in that this enterprise stores and maintains the employee’s work book. Since the work book is very important document, many personnel officers are interested in the question of whether it is necessary to make an entry in the work book about part-time work, and what documents are needed for this. Moreover, a person can work part-time either at the place of his main job (internal part-time job) or in another company (external part-time job).

Features of working part-time

If a person gets a part-time job at his main place of work, he should be aware that his employer cannot demand that he present any documents. This is explained by the fact that this enterprise already has everything that contains necessary information about the employee.

When choosing additional income in another organization, an employee can independently choose whether to provide his work book to the new management or not. Making this decision is the legal right of any working citizen of the Russian Federation, and not his responsibility. If the organization where a person gets a part-time job requires a work book, he can turn to a lawyer to protect his rights.

Work record and part-time work

A work book is a document that contains all the information about an employee’s work activities. Relevant records of admission/dismissal/transfer are made in the personnel department at the main place of work.

In article No. 66 Labor Code Russia states that a record of the fact that a person is hired for part-time work is not mandatory. However, the employee himself can decide whether to include part-time work in the work book or not. A mark on part-time work is made only at the main workplace. The basis for it is a document that confirms additional work activity.

The only caveat is that the legislation does not provide information on whether the employee’s desire to make an entry about part-time work in his work book must be expressed in writing or whether an oral statement will suffice. One way or another, lawyers advise writing a written statement, which will indicate the corresponding request to the manager.

Why do you need a part-time record?

It will be beneficial for any employee to insist that an entry be made in the work book about part-time work. This is justified by the fact that with its help, during subsequent employment, he will be able to prove his experience in a certain position. Despite this, there are times when such recording is undesirable. In particular, this applies to those cases where management at the main workplace is categorically against their employee having additional income.

The absence of a record of part-time employment is not a violation of the rules of the Labor Code. However, labor relations between a manager and a part-time employee appear only after the signing of a cooperation agreement, which is considered a mandatory document, regardless of the type of work.

Making a record of external/internal part-time work

After answering the question about whether information about part-time work is entered into the work book, it is necessary to talk in detail about the rules for registering the corresponding note in the work book. When carrying out additional work activities, the employee is obliged to provide a certificate to his main workplace, which is the basis for making a record of part-time work. IN this document must be indicated:

name of the enterprise, structural unit,
title of the position held,
date of hire,
organization details.

In addition to the certificate, management from the part-time workplace will issue a copy of the employment order, which must be certified in accordance with the Labor Code of the Russian Federation. On this paper the inscription “Copy is correct” is written, a stamp, position, full name and signature of the personnel officer are placed.

An application for making a record of part-time work is drawn up in free form and a copy of the certificate and order from the additional place of work is attached to it. The original certified copy of the order and certificate is stored in the employee’s personal card at the main place of work or is inserted into the work book.

In addition, it is necessary to consider the procedure for making an entry about internal part-time work and find out whether an entry about part-time work in the same structural unit is made in the work book. Since the entry on part-time work is the personal desire of the worker, work activity in any position (including in the same structural unit of the organization that is the main workplace) may be indicated in the work book. To do this, the employee must draw up an application addressed to the manager (in free form), and then the employer issues a corresponding order, on the basis of which the necessary entry is made in the personnel department. At the same time, the manager must be aware that the legislation of the Russian Federation does not provide for a unified form of such an order, and therefore it can be drawn up in any form.

The entry itself, which indicates the fact of part-time employment with one employer and is entered in the work book, is drawn up in the same way as a mark on employment. It should be written in the section with information about the work, indicating serial number, dates, names of structural units, organizations and professions of the employee.

Making a record of part-time employment after dismissal

Lawyers are often asked whether it is possible to make an entry about part-time work in the work book after dismissal from the main workplace. Since information about additional work will never be superfluous, the employee can, if he wishes, go to former leader and ask him to make a note that at the time of his employment at his main place of work, he worked part-time in another organization. To do this, you will need to have a certificate of part-time work (taken from the place of work as a part-time worker). You should visit the HR department with this document former place work, where his employee will make the necessary entry.

IN recent years We are increasingly faced with such concepts as combination and part-time work. The difference between these terms is invisible to most workers. In reality, the concepts differ greatly from each other in terms of design and wages. Those who are planning to increase their income should know the difference between part-time and part-time jobs.

Definition of concepts

The concept of “combined work” refers to those cases when an employee of a particular organization is involved in performing the duties of several positions during the working day. At the same time, he also manages to work in his main position.

What is the difference between a combination and a part-time job? Part-time work involves regularly performing work duties in a non-main position in free time. Part-time work can be internal or external. The concepts of external and internal combination do not exist.

Internal and external part-time work

With internal part-time work, an employee performs duties in other positions at the same enterprise. This increases working time. The search for such vacancies may take an indefinite period of time.

With external part-time work, the employee can get a job at another company. He can work only in his free time from his main job. The names of additional professions, as a rule, are very different from the main ones.

Features of performing part-time job duties

A part-time worker is required to fully perform both primary and additional work. There may be two or more jobs. Labor schedule part-time job has its own characteristics. Working time is taken into account in the timesheet. If the job involves internal part-time work, an employee of the organization may be assigned an additional personnel number. Payment for labor is made according to the contract.

The working time of a part-time worker should not exceed 50% of the normal working time. That is, if a 40-hour workload per week is provided for core employees, then for part-time workers this figure will be no more than 20.

Employees of enterprises performing part-time work may be sent on business trips. With internal part-time work, there are no problems with organizing working hours. But with an external one, an employee can be sent on a business trip only when he is free from performing his main job duties. If it is not possible to reschedule a business trip, employers enter into an agreement on the procedure for performing work by the employee.

Legislative framework

The main document by which implementation is regulated additional work, - Labor Code of the Russian Federation. Issues related to part-time work are contained in 60 (1), as well as 282-288 articles. Articles 60 (2), 151 regulate combinations. The Labor Code of the Russian Federation, both in case of combination and part-time work, requires written consent of management and employees. This rule applies to internal combinations and part-time jobs of any type. Hiring procedures must be prescribed in the internal documents of the organization.

Registration process

Enrollment into the organization's staff occurs by order. The order is signed by the director and agreed with the human resources department and the immediate supervisor of the new employee.

How are combination and part-time jobs fundamentally different in the registration process? The difference is that when working part-time, a separate employment contract is concluded with the newly hired employee. It indicates the salary, working hours, as well as the fact of part-time work. At the request of the new employee, you can make a part-time job, which is located in the HR department at the main place of work.

If it is necessary to conclude a part-time employment contract, then this is not necessary when combining. You only need to provide the HR department with the employee’s consent to perform additional work in writing. It is drawn up and filed with the main employment contract. No notes are made in the work book.

Remuneration

The additional payment for part-time work is regulated by an additional labor agreement. This information is also contained in the combination order. In this case, an additional payment for combining an additional position is added to the employee’s basic salary without all bonuses and allowances. Often the payment is calculated as a percentage of the basic salary. If wages are piecework, then the amount of payments is calculated depending on the volume of production. A part-time employee may be paid a bonus for an additional position.

Part-time assumes that the new employee is no different from others. Salary is calculated based on hours actually worked. The payment procedure is similar to that applicable to main employees. Bonuses and allowances may be awarded. However, such an employee's salary is usually less because he works less. But if the payment is based on the work done, then it may be more than for main employees.

Part-time workers may be involved in the performance of labor. The labor legislation mentions the norm for overtime work: no more than 4 hours over a two-day period. During the year, this time cannot exceed 120 hours. Remuneration is carried out on the basis of Article 152 of the Labor Code.

Vacation

What is the difference between a combination and a part-time job in the question Combination assumes that the employee performs additional job duties without interrupting his main activity. Therefore, the amount of vacation pay is calculated based on the main and additional earnings. Leave for both the main and additional positions must be the same.

If we talk about part-time work, the employee has equal rights with the main employees. The part-time contract involves the calculation of vacation contributions on an equal basis with all employees. For example, the main employee is entitled to 28 days of annual leave. A part-time worker also has the right to 28 calendar days. This rule applies to both maternity and study leave. Part-time leave must be granted to the employee, even if his schedule is arranged to the detriment of additional work. For example, if an employee goes on legal leave at his main place of work, but the additional one is not yet due, the employer releases the part-time worker in advance. Often the number of vacation days at the main place of work is greater than at the additional place of work. Then, at the additional place of work, additional leave is issued for the difference of these days without saving wages.

Taxation

When combined or part-time income tax paid in the general manner, both from the main and additional wages. However the size tax deduction may be reduced if the employee has dependent minor children. You can take advantage of this benefit either at your main or additional place of work. Taxes levied on wages are transferred to:

To the pension fund;
To the social insurance fund;
To the health insurance fund.

Termination of employment relationship

A part-time employment contract can be terminated both on a general basis and upon expiration of its validity period, if we are talking about a fixed-term agreement. By decision of the manager, the contract can be terminated unilaterally. This can happen if a new employee is hired who will perform the duties of a part-time employee as their main ones. However, the part-time worker must be notified of this decision in writing 14 calendar days before the expected date of termination of the employment agreement.

If the work is performed under a combination contract, termination occurs on a general basis and, as a rule, after the expiration of its validity period. These jobs are temporary. An employee of an organization has the right to refuse to perform additional work duties even before the expiration of the agreement. The employer himself can exempt an employee from additional work. In this case, the employee must be notified in writing of the termination of additional duties 3 days in advance. calendar days until the agreement is terminated.

Part-time work and combination of professions

External part-time workers have the right to work in at least two completely different professions. Also, part-time and combination of positions can be in the same or similar professions in terms of job responsibilities. These issues are not clearly spelled out in labor legislation, since part-time workers perform duties in agreement with management. The part-time worker is obliged to fully perform both the main and additional work. It is important to note that usually combinations within the same organization can be in the same job categories. In some cases, managers allow combinations of different positions and professions.

Combination and part-time work of teaching staff and enterprise managers

Russian labor legislation does not mention the imposition of clear restrictions on part-time and part-time work for managers of enterprises and organizations.

For example, if the organization is small, general manager may also perform the work of an accountant or other staff professional. In this case, part-time work is formalized according to general rules. Payroll for performing duties for an additional position will be calculated on the basis of work performed. The amount of time is not taken into account since job duties are performed as part of a normal working day. The bank must provide sample signatures of both the head of the enterprise and the accountant. If these positions are shared by one person, then only one sample is required.

Teachers educational institutions at various levels also have the right to combine positions. Combination and part-time teaching staff can be registered in one or several organizations at the same time. Work can only be performed if the requirements established by labor legislation are taken into account. According to the Labor Code, a teacher can work at least 16 hours a week. If the combination occurs during the holiday period, the work is paid according to the usual scheme.

Who cannot work part-time

Not all categories of part-time workers can perform work in additional positions. According to Russian labor legislation, the following cannot be hired for part-time or combined work:

minors;
police and prosecutors;
employees of municipal, state and government organizations;
employees of the intelligence service, FSO, federal field communications;
managers without the consent of the owner of the enterprise;
judges;
lawyers;
persons included in the Board of Directors of the Central Bank;
persons performing heavy work;
persons working under hazardous working conditions;
persons involved in work related to driving vehicles.

By agreement with management, employees can be internal part-time workers, but only in the same category or industry of the organization. It is also important to take into account the fact that employees must have the necessary level of qualifications and skills.

What is beneficial for the employee?

So, we looked at what combination and part-time work are. The difference between these concepts is significant. But which type of work is more beneficial for an employee?

The process of registering a combination is simpler and faster than a part-time job and does not require collecting the main list of documents and certificates. Absent probation, since the employer already knows how the employee performs his duties. Additional and main work is performed within one working day.

For part-time jobs, a number of restrictions have been established related to positions held and working conditions. A probationary period may also be established. Part-time work can only be done in free time.

Based on the above, we can conclude that combination is more profitable. But it may seem so only at first glance. When combined, the employee almost fully performs other work. In other words, he works for two. In this case, the amount of additional payment, as a rule, does not exceed 50% of the official salary. In fact, the employee receives no more than half of the money that he is actually entitled to. The main advantage of part-time work is that the employee receives no more than 50% of the salary, but with all bonuses and allowances. However, his work is not so intense. When working part-time, social guarantees are also provided. Another advantage is paid sick leave. In case of part-time work, the employee receives payment for both places of work.

What are the benefits for employers?

Obviously, for employers themselves it is more profitable to register a part-time job. The salary of one employee will be less than for two employees. The combination is also beneficial, since the employer is already familiar with the employee and has an established opinion about him and his work qualities and professional skills. The manager will probably entrust the part-time worker with work that he can fully handle.

Part-time work is also beneficial, especially for those enterprises that are on the verge of bankruptcy. It is more profitable to employ part-time employees than to pay the main employees salaries during periods when there is no work at all. It is difficult to transfer key employees to a short-time work schedule. At the same time, the employer pays much less taxes for part-time workers, which means his additional costs are reduced.

Nowadays, we increasingly hear such concepts as combination and part-time work. The difference between them is quite big, but there are also similarities. Combination and part-time work are ways to earn extra money. Part-time or part-time work should in no case be performed to the detriment of the employee’s health or his main position.

How to pay part-time workers is a pressing question for many employers. The employee works regularly, but is not a primary employee. What payments, benefits and guarantees are he entitled to by law?

Many organizations have part-time workers on their staff. These can be both existing employees and entities brought in from outside.

The nuances of the activities of such employees, as a rule, are discussed during employment. But when it comes to remuneration, many employers still don’t know how to do it right.

Is it necessary to pay a part-time worker sick leave, how to arrange vacation pay, is such an employee entitled to an advance? How is payment made for part-time work?

Highlights

How is a part-time employee paid? The main indicator when calculating wages is the work schedule.

But if you compare part-time workers and main workers, you shouldn’t strictly separate them. Part-time workers are not at all a separate category of employees.

The only difference is part-time work; as a rule, it is part-time working week or a shorter day.

When paying for part-time work, all payments due to a regular employee are taken into account. These include allowances, stipulated coefficients, and standard surcharges.

Necessary concepts

Part-time work is a work activity that an employee carries out additionally, during the time not occupied by the main work activity.

The concept of “wages” predetermines. In the statement of the law, wages mean remuneration for work performed.

In this case, the following is taken into account:

employee qualification level;
the circumstances and complexity of the work performed;
volume and quality of duties performed;
incentive payments.

Compensation payments mean, for example, compensation for:

performing duties in conditions other than normal (overtime, night work);
activities in unusual climatic conditions;
work in areas with unfavorable background radiation;
other similar surcharges.

Incentive payments are intended to motivate employees and increase production efficiency. These could be:

bonuses for exceeding the plan;
bonuses for successful work;
incentive payments for distinguished employees;
other payments.

Documentation

An employee working part-time is registered in the same way as the main employee. That is, an employment contract is concluded with him.

Based on this, the employee is assigned a personnel number and started. The main regulator for payroll is becoming.

Its text must contain information about the procedure and conditions of remuneration. This is how the following data is written:

position according to the staff list;
required salary;
allowances;
bonus payments;
other additional payments.

As a rule, part-time workers are assigned a salary in the amount of fifty percent of the salary amount due to the main employee in this position.

However, the employer has the right to apply other payment options, in particular:

time payment;
payment for actual products produced;
payments based on performance results.

The employment contract is certified by the signature and seal of the manager. Published by organizations.

After this, the part-time worker is considered a full-time part-time employee. His salary is calculated by analogy with the main employees.

Regulatory framework

The norms of the Labor Code of the Russian Federation do not establish any special conditions for payment of part-time work.

If a time-based payment system is used, then the actual time worked is taken into account and the salary is directly proportional to it.

When paying for work on a piece-rate basis, the amount of wages is determined by the terms of the contract. All requirements regarding the remuneration of part-time workers are specified in.

If the part-time worker is paid on a time-based basis with standardized tasks, then in this case the activity is paid for the amount of work actually performed, regardless of the time spent.

For example, if the part-time worker is a cleaner and for her the amount of space to be cleaned is clearly limited, then the work can be completed in two hours while maintaining the established salary.

When carrying out part-time activities, the employee has the absolute right to any increases and additional payments established by law.

Also, the part-time worker, on the same basis as the main employees, must receive compensation, defined or regulatory local acts manuals.

Article 133 of the Labor Code of the Russian Federation states that the monthly salary of an employee cannot be less than the established minimum wage. Regarding the remuneration of part-time workers, the law does not have such a clear definition.

But it is logical to assume that if the employee is accepted at half the rate, then the payment should be accordingly.

That is, if the subject carries out part-time work, the minimum wage is determined in the amount of ½ of the established norm.

This document contains information about all hours worked by employees. The timesheet is maintained by a person authorized by the manager.

The accounting employee who calculates the salary, after submitting the accounting sheet, checks it for compliance.

That is, the correctness of the indication of enrollment, registration and sick days, indication of hours of work at night and holiday time and so on.

The accuracy of the calculation of hours worked for each employee is also verified.

For a part-time worker working on a time-based basis, the amount of wages is determined by multiplying the hours worked by the tariff rate. Then the required allowances and surcharges are added to the amount received.

For example, if work was carried out at night, then this period is additionally paid by multiplying night hours and the surcharge coefficient.

Work on holidays and non-working days, if any, is paid as for main employees. That is, the tariff rate is doubled.

Wages

The salary level of a part-time worker is determined by the conditions.

At the same time, the employer is free not only to follow generally accepted standards, but also to establish his own calculation procedure.

For example, a part-time worker may be given a fixed salary without taking into account the actual time worked.

But regardless of the form of remuneration, a part-time worker is entitled to all regional coefficients and allowances applicable to main employees.

If, as remuneration for part-time work, the Labor Code proposes additional payment for the actual volume, then for part-time work, the recommendations of the law are different.

The Labor Code proposes to pay for part-time work in proportion to the time worked. In this situation, monthly salary rates are applied (0.5; 0.25 and others).

If a part-time worker works four hours a day every day, then he is given a rate of 0.5%.

For lower daily output, a lower rate is established. Consequently, the salary of a part-time worker is, in principle, less than the salary of the main employee.

Nuances on incentive payments

Can a part-time worker receive a full-time salary? If payment is made on a time basis, then definitely not.

In this case, it turns out that the employee works full time, which means that he is, in fact, the main employee, which requires documentation.

However, the salary of a part-time worker can be increased due to incentive payments. In addition to the bonus for qualifications, these may include additional payments for the amount of work actually done, if it exceeds the norm.

Also, the employee can be encouraged for high performance indicators and so on. In this case, the assignment of additional payments is entirely at the discretion of the employer.

The upper salary threshold for a part-time worker is not limited by law. But speaking of incentive payments, we cannot ignore the fact that the salary of a part-time worker is less than the norm established by law.

According to labor legislation, the main employee cannot receive a salary lower than the minimum wage, the minimum wage.

Consequently, a part-time worker must receive a salary no less than the established minimum wage, but taking into account the rate determined for him.

At the same time, the part-time employee pays, like the main employees, all required contributions and taxes. As a result, the amount he receives may be less than the norm required by law.

The employer must pay the remaining amount. For example, an employee working at a quarter rate is entitled to a minimum wage of 1/4 of the minimum wage. As of January 1, 2016, the minimum wage was set at 6,204 rubles.

With a salary of 5,200 rubles, the “net” salary of a part-time worker who does not receive bonuses and other payments will be 1,300 rubles, which is less than the norm.

In this case, the employer must pay an additional 251 rubles in order for the salary to comply with the requirements of the law.

Receiving an advance

Concerning the receipt of an advance by part-time workers, disputes do not subside. Some people think that a part-time worker’s salary is not much anyway, so there is no need to divide it into parts.

The law is clear on this matter - part-time workers should receive wages on a par with essential workers. Therefore, the advance payment to the part-time employee is paid simultaneously with all employees.

As for the amount of the advance, as usual it is equal to forty percent of the salary.

It is advisable to specify the amount of the advance payment in the employment contract. This will eliminate possible misunderstandings.

What is the minimum incentive amount?

According to the employer, the employer has the right to reward employees who excel in certain criteria.

Part-time work has become increasingly common in recent years. This is understandable. On the one hand, there is a clear shortage of qualified personnel in the market, and on the other hand, there is a desire of employers to get a competent employee at a cheaper price. Part-time work makes it possible to fulfill these two desires. Labor legislation regulates part-time work rather superficially, which entails many questions.

Introductory information

First, let's define the terminology. The two are often confused different shapes the employee performs additional duties - part-time and part-time. Main difference between them is whether an additional employment contract is drawn up with the employee. When combined, this document is not needed (an additional agreement to an existing agreement is sufficient), but when combined, it is fundamental (Article 282 of the Labor Code of the Russian Federation).

There are other differences too. Thus, combination is possible only within one organization, but part-time work can be both internal and external. In addition, the employee performs part-time work “in parallel” with his main job, that is, within the framework of “one” working time. Whereas part-time work involves working beyond normal working hours. That is why very strict conditions for the number of working hours have been established for part-time work (Article 284 of the Labor Code of the Russian Federation).

So in some cases, it will probably be more profitable to register an employee specifically as a part-time employee - this will reduce the number of personnel documents and eliminate the need to carefully track the time spent working in the second position. Yes, and this approach can help bypass restrictions on part-time work.

Prohibition on part-time work

Let’s dwell on the topic of prohibitions on part-time work in more detail. Speaking about this, we must take into account that in most cases these prohibitions are actually relevant only for internal part-time work, that is, when a part-time work agreement is concluded with the same employer who is the main employer for the employee. The fact is that most of the prohibitions are related to the work already performed by the employee at his main place. And according to the rules for hiring part-time work, an employee is not obliged to provide the employer with a work book or other information about his main job (with the exception of hiring for harmful and dangerous work, when Article 283 of the Labor Code of the Russian Federation obliges to require a certificate from the employee). This means that the employer, even if he or she wishes, will not be able to control the legality of the employee’s employment.

However, in order to completely protect yourself from claims from regulatory authorities, when applying for external part-time jobs, we recommend that you fill out an employment application, a separate paragraph in which will indicate that the employee does not have grounds that make part-time work impossible (directly listing all these conditions; see below for more details). Accordingly, by signing such a statement, the employee relieves the organization of responsibility for his unlawful hiring.

Work book of a part-time worker

By general rule, part-time work is not reflected in the work book. Indeed, according to Article 66 of the Labor Code of the Russian Federation, in order for a part-time job to be included in the work book, the employee must take the initiative. To do this, he must bring to his main employer an employment contract for part-time work and a job order certified by the “part-time” employer. In addition, he must write an application requesting that this information be entered into the work book.

However, the procedure for making such an entry is spelled out very sparingly in the legislation (the last paragraph of clause 3.1 of the Instructions, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69). A further fate This entry when an employee is dismissed from his main job is generally covered in fog. Therefore, we recommend making a part-time entry in the work book only if the employee really insists on it. And first, the employee must be explained that he may have problems finding employment in another job, since upon dismissal from the main employer, the record of part-time work will not be “closed.”

Dismissal and change of status

Another, perhaps the most significant, layer of issues related to changing the status of a part-time worker is closely related to the procedure for registering a work book. Let's consider possible situations.

Situation 1. The part-time worker quit his main job. The main question here is whether he can continue to work part-time in this case? The answer to this will be positive. The fact is that although the very definition of part-time work, given in Article 282 of the Labor Code of the Russian Federation, implies that a part-time worker also has a main job, the Labor Code does not provide for such a basis for dismissing a part-time worker as his dismissal from his main place of work. This means that the employer legal grounds there is no need to terminate an employment contract with a part-time worker in this situation.

Situation 2. The part-time worker must be registered for the main job. In this case, the first thing the part-time worker needs to do is quit his main job. After all, to get hired for your main job, you will already need a work book, “closed” by the previous employer. Further registration of the work book by the new employer is no different from hiring an employee “from the street” - the organization’s stamp is affixed and a record of employment is made indicating the position, order details, etc.

But in this case, personnel documentation can be drawn up in different ways. The first way is to conclude an additional agreement to the employment contract for part-time work, making it an employment contract for the main job. That is, an order is issued to hire an employee (not a transfer!), and the appropriate changes are simply made to the personal card.

But in our opinion, more the right way registration will still be a complete termination of the part-time relationship with the termination of the contract and the issuance of a dismissal order. And the subsequent hiring of the employee to the main job with the signing of a new employment contract. Let's explain why.

From the point of view of the Labor Code, part-time work and main work are different in nature and areas of regulation of the legal relationship that arises between the employee and the employer. These relations are very specific and are regulated by different norms of the Labor Code of the Russian Federation (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation). Therefore, in our opinion, it is not enough to formalize the termination of one legal relationship and the transition to another only by order. This means that you need to terminate the part-time agreement and conclude new agreement at the main place of work.

Situation 3. The main employee must be made a part-time worker. This situation is essentially a mirror image of the previous one. But, unlike her, different options does not imply the preparation of personnel documentation. This is due to the fact that for such a “transfer” the employer will have to “close” the employee’s work book. After all, only the main employer can keep a work book.

So there is only one option here - dismissal and subsequent hiring. This, by the way, additionally confirms that in the previous case it is better to act in this way.

How much to pay

And at the end of our excursion into part-time jobs, a few words about the remuneration of part-time workers. The most common question here is whether they can be paid more than half the salary provided for in the staffing table? The roots of this question are that maximum quantity the time that a part-time worker can spend at his workplace is equal to just half the weekly norm (Article 284 of the Labor Code of the Russian Federation).

Let's consider this issue in more detail. Article 285 of the Labor Code of the Russian Federation states that the work of a part-time worker can be paid not only in proportion to the time worked, but also on the terms determined by the employment contract. This gives us a formal basis to set a part-time worker’s salary in any amount - either more than half the salary or less.

However, one must take into account this nuance. Based on the provisions of Article 22 of the Labor Code of the Russian Federation, employees occupying the same position must receive the same pay for their work. It turns out that if, in addition to the part-time worker, the same position is also occupied by the main employee, then establishing an increased salary for the part-time worker will violate the rights of the main employee. Conversely, establishing a reduced salary will violate the rights of a part-time worker. These situations are already fraught with a fine of 50 thousand rubles under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

A solution here could be, for example, an introduction to staffing table a separate position, which will only be occupied by a part-time worker.

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

According to Article 282 of the Labor Code of the Russian Federation, it is forbidden to hire part-time employees under the age of 18 (the employer can obtain this information from their passport), persons engaged in heavy work, work with harmful and (or) dangerous working conditions, if the part-time work is related to such the same conditions (this information will be in the certificate brought by the part-time worker).

Next on the list of prohibitions on part-time work are employees whom the employer can no longer check. These are persons whose work is directly related to driving vehicles or traffic control vehicles, if at their main job they perform similar work (Article 329 of the Labor Code of the Russian Federation), managers (Part 1 of Article 276 of the Labor Code of the Russian Federation), state and municipal employees, judges, lawyers, prosecutors and police officers, military personnel and even security guards (Article 12 of the Law of March 11, 1992 No. 2487-1 “On private detective and security activities in the Russian Federation”).

In addition, heads of state and municipal authorities cannot work part-time. educational institutions, their branches (departments), as well as all other teaching staff, along with medical, pharmaceutical and cultural workers (clause 1 of the resolution of the Ministry of Labor of Russia dated 06.30.03 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers culture").