Peculiarities of part-time work of a civil servant

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Published: 07/20/2016

Reading time: 7 min

Part-time work from the point of view of labor legislation

In his free time from his main job, a civil servant has the right to be employed in another job . This provision is established by Article 14 of the Federal Law of May 27, 2004 No. 79-F3.

In order to get an additional job, an employee of a government agency must knowingly inform the employer of such a desire.

Moreover, if the employer sees the possibility of a conflict of interest, he may

refuse to allow the ward to work part-time in the relevant positions.

A conflict of interest primarily means that the implementation of job functions in an additional place of employment may reduce the quality of performance of duties at the main job.

The employee can challenge such a statement in court.

However, if a decision on the possibility of a conflict of interest is made by the anti-corruption commission, the civil servant will be denied the right to work part-time.

The decision of the anti-corruption commission is announced to the employee within several days after he sends a written request to the commission of his organization.

The Labor Code of the Russian Federation (Article 284) establishes that the duration of part-time work should not be more than half the standard working time for the specified position.

In other words, with a standard number of working hours, additional work is limited to four hours a day and 20 hours a week.

If for one reason or another (suspension from duties, long leave, etc.) an employee is not engaged in labor activity at his main job, then his employment in an additional position can be carried out in full (8 hours a day).

In this case, a new employment contract is concluded at the additional place of work.

The guarantees established by the Labor Code for employees must be fully observed in their second job. Here, the employee also has the right to rest, paid leave, sick leave, etc. Moreover, vacation at an additional job is granted at the same time as at the main one.

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Restrictions

The Labor Code and Federal Law No. 79-F3 of May 27, 2004 establish a ban on part-time work for the following persons:

business managers;
persons holding an elected position in a local government body;
persons holding a paid position in a trade union body.

At the same time, employees of the above categories are allowed to combine their main activities with teaching, scientific or creative activities.

It is illegal for civil servants to organize enterprises aimed at generating income.

Types of part-time jobs

Multiple positions can be internal and external. Internal

part-time work should not be confused with combination. Combination involves working in two or more positions in one institution.

Part-time work is employment in two jobs, which involve performing different functions. If these jobs are located in the same institution, then this is internal part-time work. External part-time work involves working in different organizations.

The fundamental difference between internal and external part-time work is the procedure for making an entry about additional work in the work book. To implement it with external part-time work, you must submit an application to the employer at the second job with a supporting document. For internal part-time jobs, a simple statement is enough.

As for combination, Art. 60.2 of the Labor Code allows civil servants to combine positions within the established working hours. Combination is possible only with the written consent of the employee. Employment in two positions in case of combination does not require the conclusion of a new employment contract and can be carried out free of charge, therefore this type of employment relationship should be approached with the utmost care.

The main differences between part-time and part-time jobs are shown in the table:

Criteria	Part-time job	Combination
Place of employment	at different jobs in one or more institutions	in different positions in the same institution
Employment contract	is	does not consist
Labor guarantees	all guarantees established by labor legislation are provided (vacation, rest, sick leave, bonuses)	no additional guarantees are provided for the new position
Payment	is mandatory	may not be implemented

How to calculate the number of vacation days and not make a mistake. You can learn how to receive sufficient maternity benefits here. The correct algorithm for obtaining and processing your sick leave is here!

What should an ideal candidate know and be able to do?

Let me make a reservation right away that I teach practically none of the following at the university. Not because the education system is not practice-oriented, but because the main task of higher education is to teach the student the thinking, research and analytical process.

If you have a bright mind, interest in your chosen professional field and academic skills, then at a basic level you will master everything quite quickly. Fortunately, working in entry-level positions is more like studying at a corporate university.

First, they will show you a hundred times, explain it to you, and will not make any special demands on the results of your work.

To successfully start your career you will need the following skills:

competent written and spoken Russian;
a clear and understandable presentation of your thoughts and comments on the draft document;
confident work with the existing regulatory legal framework;
writing draft normative legal acts, as well as knowledge of the procedural side of the issue of their coordination and approval;
generation of optimization proposals within the area of responsibility;
clear structuring and proper archiving of incoming and outgoing correspondence;
mastering the slang language of the civil service and formal office.