Is it possible to work part-time without a main place of work?

Why register

The work of part-time workers is regulated by Chapter 44 of the Labor Code of the Russian Federation. Part-time work is the performance by an employee of paid work under the terms of an employment contract in his free time from his main job (Part 1 of Article 282 of the Labor Code of the Russian Federation). Kinds:

• internal - from the same employer;
• external - from another employer (Part 1 of Article 60.1 of the Labor Code of the Russian Federation).

The permission of the main employer is required to combine certain types of work listed by law. In all other cases, the employee is not required to report additional employment. You will have to share such information in order to make the necessary entry in the work book (Part 5 of Article 66 of the Labor Code of the Russian Federation). All entries are made at the place of primary employment.

Working as a part-time worker without having a main job | Vladivostok

Elena!

Firstly

, according to Article 60.1 of the Labor Code of the Russian Federation (in short - the Labor Code of the Russian Federation), an employee has the right to enter into employment contracts to perform other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) in his free time from the main job ).

According to Article 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Concluding employment contracts for part-time work is permitted with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job and with other employers.

The employment contract must indicate that the job is a part-time job.

Secondly

, as a rule, when hiring any employee for a part-time (external) job, the employer requires the employee to provide a certificate from the main place of work, only after this a written agreement on part-time employment is concluded.

Third

, according to Article 284 of the Labor Code of the Russian Federation, the duration of working hours when working part-time
should not exceed four hours a day
. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

The restrictions on the duration of working hours when working part-time, established by part one of this article, do not apply in cases where the employee has suspended work at his main place of work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with parts two or four of Article 73 of this Code.

Fourth

, if an employee quits his main job, then in this case he is obliged to inform the employer about this, where he works externally.

Sooner or later, the employer where the employee works externally will find out that the employee is fired from his main job and will draw the appropriate conclusions not in favor of the employee.

In this case, a part-time worker cannot automatically become an employee working under a main employment contract for an indefinite period with the employer where he worked as an external part-time worker.

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Although, by agreement between this employer and an external part-time worker, in this situation an employment contract for an indefinite period or a fixed-term employment contract may be concluded.

All the best.

Is consent required?

We list the cases in which you are required to provide the consent of the main employer to combine work at the place of additional employment:

Part-time work is associated with increased workload. Although additional working time is already limited by Article 284 of the Labor Code of the Russian Federation (no more than four hours a day). Citizens are prohibited from working part-time:

• up to eighteen years of age (Article 282 of the Labor Code of the Russian Federation);
• working under harmful or dangerous working conditions, if additional work is performed under the same conditions (Article 282 of the Labor Code of the Russian Federation);
• whose labor function is related to driving vehicles, if at their main place they have the same responsibilities (Article 329 of the Labor Code of the Russian Federation).

Is it possible to work part-time without a main place of employment?

The main legislative act regulating the issue of part-time work is the Labor Code of the Russian Federation. The rules and conditions of such activities are regulated by the provisions of Art. 60.1 and art. 282 – 288 of the 44th chapter of the document.

Also, when registering a part-time employee, you need to pay attention to the specifics of concluding employment contracts. For example, in the provisions of Art. 329 of the Labor Code of the Russian Federation lists professions in which combination is impossible. These are airplane pilots, drivers, airport dispatchers, train drivers, etc.

Part-time work is a paid regular labor activity of a citizen, conducted by him not at his main place of work. In practice, there are possible situations when a citizen is employed part-time, but does not have a main job. This happens if:

• when applying for a job, the citizen for some reason did not inform that he did not have a primary place of employment, and entered into a part-time employment contract;
• While working in two organizations, the citizen was dismissed from the one where he was registered as a permanent employee.

What happens if a part-time worker is hired without the written consent of the main employer?

Among the documents provided when applying for a job, there is no permission from the main place (Article 283 of the Labor Code of the Russian Federation). In most cases, employees do not have to inform their employer that they will be working part-time. We have listed cases when it is necessary to obtain written consent from the main employer. Violation of the law when hiring persons subject to prohibitions or restrictions on such work will lead to penalties:

• from 1000 to 5000 rubles - for officials of the employer and individual entrepreneurs;
• from 30,000 to 50,000 rubles - for organizations.

Or dismissal:

• municipal employee - Art. 19 clause 3 of Law No. 25-F3;
• civil servant - Art. 68 79-FZ.

The employee hid the absence of his main place of work

Unfortunately, in practice there are also situations when, when hiring a part-time employee, the fact that there is no main place of work is hidden. What should the employer do in this case, since the employer does not have the right to demand that you show your employment record when applying for a job. It is also impossible to establish this fact on your own. This is most often done with the goal that the employee is given a part-time working day, for example, I don’t kiss, I’m only half the rate. Of course, without the main place of work, the very fact of part-time work loses its meaning, that is, it should not exist, but despite this it occurs quite often. The employee begins to worry only when he is required to submit a labor document to certain authorities, which must be certified by the main employer. They are required when applying for foreign passports, visas or loans. Since the labor rules stipulate that only the main employer should fill them out. Difficulties also arise when applying for leave, since a part-time worker goes on leave at the same time as the leave granted to him by the main employer.

How to compose correctly

The employer's consent (permission) to work part-time is drawn up in any form. What to include in the document:

• organization details;
• the recipient of the permit - according to the information about the place of additional employment provided by the employee;
• in the main part, write about your consent to combine and your full name. employee, his position;
• enter the date, full name. manager;
• sign the permission from the manager and register.

Termination of a contract with a part-time partner

Having chosen the first option of registering the main employee, first you need to fire him. In this case, it is necessary to decide by what procedure the dismissal will be carried out: on the initiative of the part-time worker himself or his employer.

When leaving on the initiative of a part-time employee, he will be required to write a statement. It is not necessary to submit it two weeks in advance, since in case of an agreement with the employer, the employee will not have to work and the employer will not have to look for a replacement.

If the initiator is the employer, then the basis in this case will be the hiring of an employee for whom this place of work will be the main one. In this case, a two-week work period will also not be required. In practice, the entire process of transitioning an employee from a part-time job to a full-time job takes only two days. One day is required for dismissing an employee, and the second for hiring.

Based on the applications, personnel officers issue orders, one to terminate the contract with a part-time worker, and the second to hire the main employee.

Important! If a part-time worker had a record of part-time work in his employment record, it is necessary to make a record of dismissal.

Is it possible to hire a part-time employee if the candidate does not have a main place of work?

Since the employer does not have the right to require information about the main place of work from a part-time worker applying for a job (with the exception of employment for work with harmful or dangerous working conditions), you can hire a part-time candidate without a main place of work. Rationale . An employment contract is an agreement between an employee and an employer, according to which the latter undertakes to provide the employee with work for a specified labor function, to ensure working conditions provided for by labor legislation and other acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, to pay the employee a salary in a timely manner and in full, and he undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation). Part 1 art. 282 of the Labor Code of the Russian Federation defines part-time work as performing other regular paid work under the terms of an employment contract in free time from the main job. And part 4 of this norm establishes: the employment contract must indicate that the job is a part-time job. According to Art. 283 of the Labor Code of the Russian Federation, when applying for a part-time job with another employer, an employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or a duly certified copy thereof, and when hiring a job with harmful and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work. In addition, the provisions of Art. 329 of the Labor Code of the Russian Federation, according to which employees whose work is directly related to driving vehicles or controlling their movement are not allowed to work part-time, directly related to driving vehicles or controlling their movement. As you can see, a certificate from the main place of work is required only if part-time work is related to harmful and (or) dangerous working conditions or to driving vehicles or controlling their movement. This means that the employer has the right to hire a part-time person who does not have a main place of work. Judicial practice : Appeal ruling of the Tula Regional Court dated August 30, 2012 in case No. 33-2334. Article 283 of the Labor Code of the Russian Federation does not provide for a document containing information about the organization, the position held, as well as the nature and working conditions at the main place of work, with the exception of hiring for work with harmful and (or) dangerous working conditions. Therefore, the employer has no right to demand information about the main place of work. Similar conclusions are contained in other decisions. For example, the St. Petersburg City Court, in Ruling No. 15397 dated December 3, 2009, indicated that the employer is not obliged to find out whether the employee being hired works at his main place of work.