Article 283 of the Labor Code of the Russian Federation. Documents submitted when applying for a part-time job (current version)

Any citizen has the right to work part-time, that is, to combine his main job with additional work. He can do this with the same employer, that is, at the place of his main employment, or, alternatively, in different organizations.

Relations between an employee and an employer, including external or internal part-time work, are always formalized by drawing up two basic documents - an employment contract (it is signed by the parties in accordance with Article 56 of the Labor Code of the Russian Federation) and an order to hire a specific citizen (it is issued by the director in accordance with Article 68 Labor Code of the Russian Federation on the basis of a signed labor agreement).

How to correctly register the appointment of a part-time employee

Part-time work is the simultaneous performance of labor functions in two (and possibly more) jobs, one of which is the main one. Activities at other jobs are performed exclusively during those periods of time that are not filled with the performance of primary job duties.

Part-time work must be officially formalized in accordance with the following articles of legislation: Art. 282, art. 283, art. 65 Labor Code of the Russian Federation. The hiring process is unified, but the application procedure is slightly different.

However, the labor document is concluded at all workplaces: both the main one and the combined one. The existence of such employment contracts is not limited by law. It all depends on the capabilities of the employee. According to the Labor Code of the Russian Federation, the number of part-time positions is not limited. However, there are certain categories of citizens who cannot be accepted for such work.

For example, the following cannot work part-time:

• minors;
• if the nature of the main workplace and the part-time job are the same, then, as a rule, combination cannot be allowed;
• employees of private security companies when combined with government positions;
• For employees of the educational sector and medical institutions, there is a maximum limit on the time of part-time work.

How to draw up an agreement with a part-time partner

Registering a part-time worker involves concluding an employment contract for both internal and external part-time workers.

The contract is concluded, as a general rule, for an indefinite period, but a fixed-term employment contract is also possible if the situation falls under one of those described in Art. 59 of the Labor Code categories, for example, a part-time worker is hired for a temporary position.

The contract must indicate that part-time employment is being hired and the employee’s work schedule. Art. 284 of the Labor Code of the Russian Federation establishes the daily working hours of no more than four hours, except in cases where on a certain day the employee is not employed in his main position. On such days he works all eight hours.

Based on the established working hours, the contract should specify the salary of the part-time worker.

Instructions on how to draw up an employment contract:

• unlimited;
• with a probationary period;
• with piecework wages.

List of documents

The initial stage is the preparation of documentation. All documents can be classified into two types:

• basic;
• additional.

The first type is provided for by the Labor Code of the Russian Federation. They are mandatory and employment is impossible without them. Without them, applying for a job is impossible.

Additional documents are not a legal requirement. However, they are desirable as they increase the chances of employment.

The table below provides a list of basic documents for part-time employment.

Additional documents are:

• 2 photos;
• a copy of the work book;
• TIN certificate;
• SNILS;
• child's birth certificate;
• medical certificate;
• a document confirming the status of a large family;
• certificate of health of a relative (whether there is a disability);
• questionnaire;
• other documents, specifications, etc.

Important! A list of documents must be submitted when an employee works part-time in another company. No documents are required for the internal combination option.

Preparation of documents for internal part-time work

The internal option involves working in different positions, but within the same organization.

List of basic operations when submitting documents:

• filling out a questionnaire from the employee;
• no additional documents are required. All of them are stored in the company's HR department;
• after submitting the application, an employment contract is signed;
• after signing the employment contract, an order is issued indicating the start date of work;
• You can make an entry in your work book if you wish.

Important! If an employee works part-time, he must provide an education document confirming his ability to work with this qualification.

Design rules:

• mandatory acceptance of an application from an employee;
• conclusion of an employment contract with the reference “combined”;
• issue an order;
• registration of an entry in the work book.

Internal part-time job: how to apply

One employee can perform functions in several positions at different times. This form of labor relations has its own name and features, the consideration of which will determine the procedure and how correctly the personnel employee carries out the registration of internal part-time work for various positions.

In this case, it is impossible to draw up an additional agreement. You will need to complete and sign a new employment contract. This means that the employee will also have a second personnel number (so that the accountant can calculate the salary for each position).

Registration procedure

The main employee who is applying for an internal part-time job does not need to collect the package of documents again. The exception is when higher qualifications are required to perform the duties of a new job.

All the necessary information about the employee is already available in his personal file, compiled by a personnel specialist. All that remains is to figure out how to arrange an internal part-time job with one employer. This must be done in the following order:

• the employer and employee discuss the details of the future part-time job;
• the main employee writes a free-form application in which he asks to be hired as a part-time worker for a specific position from a specific date (a sample application can be found in the article);
• an order is drawn up, which differs from a regular employment order by the presence of a record of part-time employment (the internal part-time worker must be familiar with this document);
• an employment contract is concluded, which also mentions internal part-time work, in information about the nature of the work performed (a sample contract can be found in the article).

After this, all that remains is to make the appropriate entry in the work book, if the employee himself asked for it by writing a corresponding statement. When registering an internal part-time job, you need to be guided by the Labor Code of the Russian Federation. And he says that the employer himself does not make such a record without the employee’s request. Such an entry looks like this:

No special notes are made when making an entry. A serial number and date are entered, information about hiring is entered, and the basis is indicated. The answer to the question of how to arrange an internal part-time job turned out to be quite simple. Once having studied all the nuances, a personnel specialist will not have to study labor legislation every time.

Preparation of documents for external part-time work

Thanks to the external option, the employee gets a job in another company.

The list of documents in this case is much longer, and the procedure is more complex.

List of documents for external part-time worker:

• passport;
• educational certificate;
• document confirming qualifications;
• SNILS;
• TIN;
• certificate of working conditions of the main workplace.

Important! The employer does not have the right to demand a work book, since it is kept in the main company. You can request a certified copy of it.

The registration process for such an employee:

• collection of documents;
• writing an application;
• conclusion of an employment contract in a standard form;
• familiarization with the internal rules and their signature;
• assigning a personnel number to an employee.

Important! In an employment contract, the reference to “combination” is mandatory.

If an employee wishes to obtain an entry in the work book, he must contact the personnel department at the main place of work to request such an entry.

Application from an external part-time worker during employment

This document is an important element required when registering an employee.

There are no exact requirements for its content. However, you must provide personal information:

• Name of the organization;
• Full name, position;
• initials and place of residence;
• application form indicating the place and start date of work;
• date of;
• signature.

Basic rules for filling out the application:

• written in free form;
• the application must contain a header and a body with an application for admission to the workplace;
• the header contains the employer’s data, the name of the person in charge, the person’s data (name, passport details, place of residence);
• the application must contain an indication of the date of employment and position held;
• indicate a list of documents attached to the application.

Important! The list of required documents is presented in Art. 282 Labor Code of the Russian Federation.

The organization may have a ready-made application form, so it makes sense to contact the company’s HR officer for help and clarification.

In general, the application cannot be considered a mandatory document. But for municipal and state positions they are required to fill it. If it is written, then an appropriate order should be issued to hire such an employee.

Certificate from main place of work

This document is a very important and mandatory point.

Important! According to the law, you cannot take a part-time job if the working conditions at both the main place of work and the part-time job are similar and are considered harmful and dangerous.

Example No. 1. Agofonov P.P. wants to get a part-time job at a metal products manufacturing plant. The working conditions at this workplace are considered hazardous. During employment, the employer demanded from Agofonov P.P. a certificate of working conditions and nature of work from the main place of work.

The certificate from the main place of work indicated that the conditions in which the employee worked were normal.

After providing a certificate and passing the medical examination of employee Agafonov P.P. They took on a part-time job because there were violations of Art. 282 of the Labor Code of the Russian Federation was not identified.

The certificate does not have a standard unified form, but there are requirements for the content. Basic data to be specified:

• name of company;
• date of certificate;
• SNILS number;
• Full name of the employee;
• nature of work activity;
• the position you plan to occupy;
• working conditions according to SOUT;
• when the SOUT was carried out;
• manager position;
• management signature;
• seal.

You can download a certificate clarifying the special nature of the work here.

FAQ

Question No. 1. If a person applying for a part-time job is a citizen of the Republic of Belarus, does he need to present a permitting patent when applying for employment?

Answer: no, you do not need to submit a patent.

Question number 2 . If an employee wants to work part-time internally, is it necessary to draw up a second employment contract or make changes to the main one?

Answer: Letter of Rostrud dated 04/26/2017 No. 14-2/B-357 states that with an internal employment option, a second contract is concluded, which means that another employment order must be issued. There must be a reference to part-time work everywhere.

Question No. 3. What are the main specific elements of a part-time employment contract?

Answer: Main important points:

• link to part-time work;
• The duration of work cannot exceed 20 hours per week and 4 hours per day. Mandatory requirement.

What documents will need to be completed?

There are no particular differences between registering an employee as a part-time worker and regular hiring. An employment contract is mandatory. It is signed by both parties. Part-time work is regulated by the Labor Code of the Russian Federation. When preparing documentation, you need to remember the following features:

• it is imperative that the employment contract and work record book (if the employee himself asked for it) must state that the person who gets the job is a part-time worker;
• there are restrictions that do not give a person the right to work part-time;
• the employment contract must specify the work schedule and the number of working hours (production should not exceed the required norm; the Labor Code of the Russian Federation allows for part-time work to be spent no more than 4 hours a day, if the activity on that day is also carried out at the main place of work).

An employment order must also be issued. In any case (internal or external part-time work), you can use your sample or the established T-1 form.

The amount and procedure for payment of wages are specified in the contract. Part-time work is regulated by the Labor Code of the Russian Federation, registration takes place in accordance with the law, and the employee has the right not only to a base salary, but also to various increasing factors related to working conditions (work at night, on holidays).

Most common mistakes

Error No. 1. When hiring an employee, the employer demanded from him documents confirming the ownership of housing. He referred to the fact that confirmation of registration at the place of residence is required.

Comments: the required document on the availability of property is not mandatory and is not included in the list of the Labor Code of the Russian Federation. Such a document does not play any role in employment. Presenting it is not mandatory. It's not even on the extra list. In general, lack of registration cannot serve as a basis for refusal to hire. A passport is sufficient to confirm registration.

Let's summarize. Hiring a part-time job is a special process that requires the right approach to collecting documents. The Labor Code of the Russian Federation specifies a list of documentation required for employment, both external and internal part-time.

What categories of citizens cannot be part-time workers?

Not every person can apply for part-time registration. The following categories of citizens cannot perform other work during additional time:

• minors;
• people working in enterprises with dangerous or harmful working conditions;
• vehicle drivers (if you want to get a similar position);
• employees of private security companies, including managers;
• employees of the budgetary, military and municipal spheres;
• heads of enterprises (their employment on a part-time basis is possible only upon receipt of the appropriate permission from a higher authority or the owner of the organization).