Features of the probationary period for external part-time work

Length of test of external part-time worker

Since part-time workers are subject to all federal and local regulations, and the establishment of a test for them is not prohibited, its duration is determined in the same way as for other categories of employees - by agreement of the parties without exceeding the deadlines established by Art. 70 Labor Code of the Russian Federation:

• for heads and deputy heads of enterprises, organizations and separate structural divisions, chief accountants of such organizations and divisions and their deputies - six months;
• for employees who have entered into an employment contract for a period of 2 to 6 months - no more than 2 weeks;
• for other categories of workers - no more than 3 months.

Only the maximum threshold for the duration of the test is determined by law, that is, the candidate and the employer can set a shorter one. An employee who continues to work after the expiration of the probationary period, in accordance with Art. 71 of the Labor Code is considered to be hired for the entire remaining term of a fixed-term employment contract or for an indefinite period.

The Labor Code of the Russian Federation does not provide for early termination of the test, however, the employer can decide and inform a suitable employee in writing that he considers him to have passed the test. In this case, you need to pay attention to one point: the probationary period is intended not only so that the employer can determine whether the employee is sufficiently qualified, but also so that during the trial the latter can decide whether he wants to continue working in this organization.

This is precisely the conclusion that can be drawn from Art. 71 of the Labor Code of the Russian Federation - it gives the right to an employee, including an external part-time worker, who for some reason is not satisfied with the job, to terminate the employment contract by notifying management about this in writing 3 days in advance. Moreover, it is important to note that reducing the duration of the probationary period must be a mutual decision of the parties, that is, written information to the employer must receive a similar response from the employee.

External part-time work involves a limited working day, in accordance with Art. 284 Labor Code - no more than 4 hours daily, with the exception of days free from main work activity. The total duration of such time during the reporting period cannot exceed half of the norm established for the employee in this position as the main one.

Part-time work

Today in Russia, part-time work is a fairly common phenomenon. It involves performing regular paid work in addition to your main place of income. It is necessary to distinguish part-time work from combining positions. In the first case, we are talking about work that is performed at the same or another enterprise during free time from the main job, and in the second case, we are talking about work at the same enterprise during working hours. For example, a part-time employee may be an employee who works as an accountant at two enterprises, and a school librarian may combine the position with work as a secretary at the same school.

The Labor Code of the Russian Federation in Article 253 prescribes possibilities that allow the establishment of provisions of a part-time employment contract. Restrictions on part-time work may be introduced by the head of the organization or the trade union, if as a result of such work, damage to the health of the employee may occur or the safety of the work process may be compromised. The regulations also stipulate that pregnant women and citizens under 18 years of age are prohibited from working together. Strict restrictions are imposed on holding multiple leadership positions.

In addition to the above, paid part-time work is prohibited for the following categories of employees:

• representatives of the state apparatus}
• civil servants}
• judges}
• representatives of municipal services.

It is also prohibited to combine public service with security activities or to occupy a leadership position in a public association on an elective basis. People holding positions in the Bank of Russia do not have the right to combine work. State Duma deputies, according to the Constitution, also should not engage in other types of paid activities.

General directors and board members of joint stock companies also have some restrictions when applying for part-time jobs. Also, the employer for whom the employee works has the right to prohibit him from working part-time if this worsens the employee’s position in relation to the law. It is allowed to hold a leadership position and at the same time work part-time in a scientific and methodological or scientific department in a leadership position.

Dismissal of an external part-time worker during a probationary period

As with any other employee, an external part-time worker on a probationary period can be dismissed either on his own initiative or by decision of the employer. Labor Code of the Russian Federation in Art. 71 gives the right to an employee who has come to the conclusion that the job is not suitable for him to quit quickly, warning the employer in writing at least 3 days before termination of work. Moreover, he is not obliged to explain his motives.

The manager has the right to dismiss the employee during probation, also warning him 3 days in advance. However, he is obliged to give written explanations of the reasons that prompted him to make such a decision. If we are talking about dismissal for committing disciplinary violations, then they must be properly recorded. To do this you need:

1. Draw up an act in the presence of witnesses.
2. Record the time of absence from work, if we are talking about absenteeism.
3. Conduct a medical examination, if necessary, if we are talking about appearing at work while intoxicated.
4. Request written explanations from the employee.

Correct fulfillment of these conditions will allow the employer to defend its position in court if the employee files a claim for reinstatement.

Additionally, the employer has the right to dismiss an external part-time worker on the grounds of Art. 288 Labor Code - in connection with the hiring of an employee to this workplace on a permanent basis. The warning period in this case is at least 2 weeks.

As you can see, the law does not prohibit the establishment of a probationary period for part-time workers, including external ones. However, its duration and grounds for termination remain the same as for other categories of employees.

Is there a probationary period for part-time jobs?

Almost every second person has a part-time job in addition to their main job, since the salary is often not enough to live without needing anything.
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It is not prohibited by law to work in multiple places. Moreover, a part-time employee has all the rights and responsibilities that the main employee has.

However, many are faced with the issue of a probationary period when applying for a job. So, let's figure out whether an employee should undergo a part-time probationary period or not.

Concepts

A part-time job is a part-time job, that is, part-time work should not take up more than half of a standard eight-hour working day. Consequently, wages will be calculated in the amount of half of the full salary.

A probationary period is a period of time during which the employer checks whether a new employee meets the requirements and standards of the company and whether he copes with his responsibilities.

When applying for an additional job, a citizen is obliged to inform the employer that he has a main job, at least verbally.

If the new employee does not do this, such behavior may be considered a violation of the law.

Example:

Primary school teacher Pyotr Petrovich decides to get a part-time job at an advertising agency. At school he has a standard eight-hour work day. However, he does not inform the new employer about this, which means he misleads him, which in the future can lead to conflicts and misunderstandings.

Let’s say that you can work remotely at this agency. The employer believes that Peter works full time for him. The employee himself does advertising after his main job at school, in the evenings.

One day, it happens that you urgently need to fulfill an order in the middle of the working day, and all the employees are already busy. The employer gives this order to Peter, but he cannot fulfill it, because... at the moment he is teaching a lesson.

Peter lets his employer down, the employer feels deceived, and the business relationship is ruined.

Normative base

The regulatory basis for the probationary period is the following articles of the Labor Code of the Russian Federation:

• Article 70 – “Test for hiring” . Explains the rules for drawing up documents (orders, contracts), as well as the time for which the test is set. In addition, this article lists persons to whom this requirement does not apply.
• Article 71 – “Result of the test for employment . The further development of events after the end of the probationary period is prescribed, depending on the situation, as well as the conditions when the employer can suspend the probationary period until its completion.

Is there a probationary period?

The duration and conditions for establishing a probationary period are also determined by law:

• 2 weeks – workers with whom the contract is signed for a period of up to 6 months; Usually such workers are completely exempt from the test.
• 2 months is the standard period for key employees.
• 2-6 months – for new managers.
• up to 1 year – for civil servants.

Restrictions

Although a probationary period for part-time workers is a prerequisite for obtaining a position, the employer does not have the right to establish it for the following groups of people:

• women with children under one year old;
• pregnant women;
• employees who passed the competition to fill the position they applied for;
• minor employees;
• persons without work experience who have completed training in accredited educational organizations and who get a job no later than one year after completing their studies;
• employees transferred from one enterprise to another by mutual agreement of the managers of these enterprises;
• persons employed under an employment contract for no more than two months.

The probationary period is an integral part of hiring, whether it is a main position or a part-time job.

All employees are in the same position and have the same rights and responsibilities, regardless of their work schedule.

It is necessary to know the Labor Code of the Russian Federation for both employees and employers - this will help avoid conflicts when applying for a new job and when the employee performs his job duties.

Read about substitution for sick leave here.

Part-time probationary period in 2021

External

Part-time work is divided into two categories. One of them is external part-time work.

An external part-time employee is a person who has job responsibilities at two or more different enterprises.

For example, citizen B has a main job in , and he gets a part-time job in an organization completely unrelated to this company.

Although an outside job may seem unimportant to an employee compared to their main job, it is important for an employer to ensure the employee's ability to perform their job. Therefore, external part-time workers must also be tested.

Internal

Internal part-time work may not seem like part-time work at all, but it is one.

An internal part-time worker performs the functions of two or more positions in the same organization at the main place of work.

In the case of internal part-time work, the employer may completely release the employee from the probationary period if he knows him well and is confident that he will cope with the new position.

The Labor Code does not prohibit shortening or canceling the probationary period; the employer does not have the right to exceed the period of time established in the code.

How to document?

The probationary period, like any other official event, must be officially recorded.

There are two main documents in which a new employee's test must be recorded:

• employment contract;
• The order of acceptance to work.

Here are a few formalities that both employer and employee should keep in mind:

• Not only the start and end dates of the probationary period must be indicated , but also other important points relating to it.
• If the matter concerns external part-time work, then a separate employment contract must be concluded when hiring. It is drawn up in the same way as a regular contract, except for the fact that this document must indicate that the part-time job is external.
• If the fact of the probationary period is indicated only in the order , and is not mentioned in the employment contract, then it is officially considered that the employee was hired without a trial.
• If the matter concerns internal part-time work , then a new employment contract is drawn up, and not an additional agreement.
• The internal part-time worker has a second personnel number for the accounting department.
• The nature of the part-time job, internal or external, must be mentioned in the order, in the contract, and in the statement from the employee.
• When applying for an internal part-time job, the employee will not have to collect the necessary package of documents again. The employer already has all the documents.

Entry in the work book

The probationary period is not recorded in the work book.

It is worth noting that if an employee changes his mind about remaining in a given position after the test or the employer decides that the new employee is not suitable for him, then the fact of hiring and dismissal must be indicated in the work book.

Duration

According to Article 70 of the Labor Code of the Russian Federation, the standard probationary period should not exceed 3 months.

If the case concerns the position of a manager, then 6 months, “unless otherwise established by federal law.”

Is it possible to reduce the time frame?

Is it possible to shorten the test period?

Yes, this is possible if the employer is convinced of the professionalism of the new employee and understands that such an employee is simply needed by the company before the probationary period ends.

Do I need to make an order to postpone vacation? Read here.

What is a tariff-free wage system? Information is in this article.

Results and further course of action

The probation period can have three possible outcomes:

• the test was successful;
• the employee did not come;
• The employee decided to resign himself.

Each of them has its own scenario for further actions.

Features of completing the probationary period are presented in the table below, compiled on the basis of Article 71 of the Labor Code of the Russian Federation “Result of the test when applying for a job.”

It is important to know that the probationary period must be included in the length of service if, after its completion, the employee remains in this position.

This plays a significant role in further dismissal and calculation of compensation, as well as when the employee goes on vacation.

Thus, taking into account the fact that a part-time employee is registered as a regular employee and has all the same rights and responsibilities, the only difference is that his working hours are much shorter.

He is tested in accordance with Articles 70 and 71 of the Labor Code of the Russian Federation, just like key workers.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Part-time employment contract with probationary period

If an employment contract was not concluded with the employee at the time of the inspection, then after the expiration of the trial period it is necessary to draw up this document and include the days worked in the contract. It should be remembered that at the time of verification it is necessary to write a short statement. In the letter, the employee writes about accepting a part-time job for a specific position and indicates all working conditions. The application specifies the date of commencement of the internship. After the period has expired, this statement must be attached to the employment agreement.

employment contract with a probationary period, part-time

Probationary period for part-time work under a fixed-term contract

A fixed-term employment contract is an agreement that specifies the duration of an employee's position. You should keep in mind the conditions for concluding such an agreement:

• Its duration is no more than 5 years.
• You need to specify the period for completing a specific task.
• It occurs when the main employee is absent from the post, for example, if a woman went on maternity leave and her position is still vacant.
• Used for seasonal work, for example, for selling ice cream in the summer.

When concluding a contract, a probationary period is established for the part-time worker. But now its duration will be no more than 3 months. However, if a fixed-term contract is drawn up for a period of up to six months, then the employee check lasts no more than 2 weeks. And if the work needs to be completed within 2 months, then the law prohibits a probationary period.

fixed-term employment contract with part-time probationary period

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