Unfortunately, not all employers are able to adequately evaluate the work of their own subordinates. The low level of wages, which is not enough for a normal existence, forces citizens to look for additional part-time jobs to increase their level of income. Fulfillment of labor obligations at the main place of work, as a rule, is formalized in accordance with the provisions of labor legislation, but many employers and full-time employees neglect to formalize the combination, which is a mistake. A fixed-term part-time employment contract essentially has a standard form and is drawn up according to general rules. The only significant differences are:
- The need to enter information that the applicant will fulfill labor obligations on a part-time basis;
- The contract must indicate not only the date of the citizen’s first working day, but also the expiration date of the agreement. If it is impossible to predict the specific day when the employee will be dismissed from the company, you should indicate the event on which the duration of the cooperation will depend;
- The need to limit the duration of a work shift, which cannot exceed 4 hours a day, provided that the person is employed at 0.5 rate.
Personal data about the applicant is entered into the contract on the basis of documents that the person provided to the employer at the time of employment. These details must be current and authentic, otherwise, the agreement is not given legal force even after signing by both parties.
The procedure for employing a citizen on a combination basis is carried out according to general rules. First of all, the applicant should go to an interview with a potential employer and present his candidacy favorably. If the employer is ready to cooperate with the person, it is necessary to collect and provide the organization with the appropriate package of documentation. After developing a draft employment contract, the document is signed by both parties and their agreements on the issue of labor interaction are recognized as official. From this moment on, the employee has the right to enjoy all labor privileges and social guarantees provided for by the work agreement and the norms of the Labor Code of the Russian Federation.
Features of a fixed-term employment contract with a part-time worker
The law allows you to register a part-time job if there is free time left at your main place of work after completing your shift. The only condition for signing such a contract is the monthly workload, which should not exceed half the normal one, therefore, the duration of the work shift in this situation will be reduced - no more than 20 hours per week.
There are two types of part-time work:
- internal, when work activity is carried out within one organization;
- external, if the second place is with another employer.
Regardless of the type of part-time job, concluding an agreement is a mandatory procedure. According to the requirements of Part 1 of Art. 58 of the Labor Code of the Russian Federation it can be of two types:
- unlimited, that is, valid for an unlimited time;
- urgent, which is issued for a certain period of time.
Advice! To correctly indicate the limitations of a temporary agreement, experts recommend indicating the start and end dates of its validity.
Legislative regulation
The main regulatory act that allows regulating industrial legal relations between the employer and candidates is the Labor Code of the Russian Federation. Chapter 44 contains provisions regarding the drawing up and signing of a part-time contract. The simplest option is considered to be additional employment at the main place of work with the execution of a new agreement. The procedure is simplified, since the personnel department already has the employee’s documents.
At the same time, the Law allows concluding contracts with any number of employers (Article 282), if the requirements of the Labor Code of the Russian Federation on labor protection and working hours are met.
Persons working in several industries are provided with a number of guarantees.
- Employment time is strictly limited and is no more than 4 hours a day (Part 1 of Article 284);
- The vacation coincides with the rest period at the main place of work, and the amount of time worked does not matter (Article 286 of the Labor Code).
- Compensations due to the main personnel and specified in the collective agreement or other regulatory documentation are also paid to part-time workers.
According to Art.
59 of the Code of the Russian Federation, the manager can hire an employee for additional work for a certain period of time. In this case, he suggests concluding a fixed-term employment contract. However, the Legislation does not regulate the question of what happens to this document if a part-time worker resigns from his main place of work. Obviously, in such a situation, the only contract becomes indefinite, and the employee temporarily performing official functions is reassigned to a permanent position.
Basis of conclusion
The basis for applying for a new position and concluding a work contract is the applicant’s personal statement, as well as a package of documents that he must submit:
- identification;
- SNILS;
- certificate confirming qualifications;
- TIN;
- a copy of the order confirming the presence of the main place of work;
- a certificate confirming the absence of harmful working conditions;
- diploma, medical book.
Considering the type of future activity of the new employee, the manager has the right to demand from him copies of other documents, for example, a certificate from a psychiatrist or narcologist, about no criminal record, etc.
General provisions
The urgency of the agreement is due to the fact that it is drawn up for a certain period of time required to complete a specific job. The design of the internal contents of the document in this case will differ from the usual in that it is necessary to indicate:
- the period of validity and the circumstances that served as the basis for its conclusion;
- a clause reflecting the fact of part-time employment;
- conditions regarding work and rest hours, as well as wages.
Advice! It is also important to correctly indicate the basis for concluding a fixed-term contract and the condition under which it will be cancelled.
Validity periods
Based on Art. 58 of the Labor Code of the Russian Federation, a fixed-term agreement can only be concluded for a limited period not exceeding five years. The main condition for its preparation is an indication of the temporary or seasonal nature of the work, as well as the presence of compelling reasons for choosing a document of this type.
Article 59 of the Labor Code of the Russian Federation especially emphasizes that an agreement of this type can be concluded with a part-time worker, even if the nature of his activity in additional work is not temporary. The main thing here is to achieve consensus between the parties.
What categories of employees are prohibited from concluding a part-time employment contract?
Before accepting a particular applicant for a part-time job, each employer is obliged to familiarize itself with the provisions of the Labor Code, which establishes certain restrictions regarding the employment of certain categories of workers:
- Teenagers under 18 years of age;
- Citizens holding a leadership position in another organization;
- Federal courier communications staff;
- Representatives of the country's foreign intelligence agency, provided that part-time employment is not necessary to complete the assigned task;
- Persons holding a leadership position at any security company, as well as security officers;
- Individuals engaged in legal practice, judges;
- Citizens serving in law enforcement agencies;
- Prosecutors;
- Employees of banking and other financial organizations;
- Persons who are members of the Government of the Russian Federation;
- Citizens holding municipal or other government positions.
Procedure for drawing up a contract
A fixed-term part-time employment contract with a temporary employee has the usual sample and is concluded in the same way as with the main staff. There are no special requirements for the hiring procedure; on the contrary, performing production functions in a combined mode is economically feasible for both parties: the employer saves money by hiring a person at half the rate, while the employee profitably sells his excess free time.
When applying for a job, a part-time worker is required to submit the appropriate package of documents and write an application. It can be drawn up in any form, but must contain the reasons for such a desire. Since the employee is already employed in the main production, there is no need to bring a work book; sometimes they may ask for certificates from the place of work and about tax deductions. Information about part-time production activities is entered into the Labor Code by an employee of the personnel department at the place of primary employment, but only with the consent of its owner.
Next, an order is issued for the organization, which is drawn up using a standard employment form. All data required to be included in the document is taken from the agreement concluded with the part-time worker. The issued order indicates the number, date of preparation, and other details. It must be handed over to the employee for inspection against signature.
Part-time job
If a person, in his free time from his main job, is engaged in other regular and not free work, then this form of employment is called part-time work.
Each job must have its own document, even if the employer is the same, and the employment contract must indicate the fact of part-time work.
Chapter 44 of the Labor Code of the Russian Federation describes all the features of this type of labor relations. On weekdays, a part-time worker can work four hours , on weekends – a full day. Of course, the division of days into “weekdays/weekends” depends not on the calendar week, but on the schedule at the main place of employment. In a month, the number of working hours of a part-time employee should not be more than half the number of hours of a regular employee.
The terms “part-time” and “combination” should not be confused. Part-time work occurs at the same time as your main job, and part-time work occurs after it!
Internal
This term means that a person works in one organization in two positions at the same time , with one position being the main position and the second being a combined position. Employers do not like to formalize this; it can be easier to assign additional responsibilities to an employee behind the scenes.
If the contract for internal part-time work is nevertheless signed, then the employer must create a new line in the working time sheet: it should now have two lines with the same last name. In the first - working hours for his main position, in the next - for his part-time position.
Information about internal part-time work is entered into the work book at the request of the employee. In this case, you cannot deviate a single line from the last entry. The absence of a blank line means that the new position is in the same company as the previous one.
External
Here a citizen works simultaneously in two or more companies . To register for employment, a person needs a passport and SNILS. Highly skilled work requires a document confirming qualifications (diplomas, certificates).
A contract with a limited duration and part-time validity is concluded according to the same rules - with the obligatory indication of the basis for urgency.
The work book always remains at the main job (Article 66 of the Labor Code of the Russian Federation). A citizen, if desired, can give the main employer a copy of a document signed in another company and ask that information from it be entered into the work book. But he also has the right not to inform anyone in the main service about the availability of a part-time job.
Before signing a fixed-term employment contract, the applicant must be familiar with the regulations governing the activities of the organization. A standard contract template is used, indicating the type of cooperation and hours of work. With internal combinations, this is not necessary, because the acquaintance happened earlier, but with external ones, there is.
If a woman goes on maternity leave, she first registers it at her main job, and then at her additional job. If her part-time job was at least two years, then she will receive maternity benefits from both organizations.
Changes in staffing
Resolution of the State Statistics Committee of the Russian Federation No. 1 dated January 5, 2004 contains the chapter “Staffing table”, the second paragraph of which states that the number of staff units for each position, taking into account part-time workers, is entered in column 4 in shares, for example: 0.25; 0.5; 3.75, etc. That is, changes to the staffing table need to be made in both cases - both external and internal part-time.
Sick leave, vacation
Part-time workers, along with main employees, have the right to be absent from work due to illness or going on vacation. The latter must coincide with the rest period provided at the main job. Even if a person has worked for less than six months, the employer has no right to refuse him.
Attention! The same rules apply to situations when a person is absent due to illness, and after returning to work he provides a certificate of temporary incapacity for work. He must be paid on the same basis as for key personnel.
Differences between an agreement with an external and internal part-time worker
The law allows able-bodied citizens to take another part-time position with their employer or choose another organization. In this regard, contracts concluded with management at the main place of work have become widespread. Since all personal data about the employee is available in the personnel service database, the hiring procedure is simplified as much as possible.
The situation with employment in another company is more difficult. The person submits a package of all the required documents, signs a contract, which indicates the fact of part-time work, work and rest hours, and payment for his production activities. If circumstances require, he has the right to work in several enterprises at once. The main thing in this situation is to comply with the requirements of the Legislation on working hours.
