Part-time work without a main job. Can an employee not have a main place of work? Additional agreement to the employment contract

Part-time job without main place of work

Good afternoon For 12 years she combined teaching activities (main position) in the state educational institution with the position of manager structural unit. At the moment, she intends to give up her administrative position and remain only in a teaching position. The management offers to switch to part-time work through dismissal, since my salary is too small teaching load- 230 hours. Please tell me if they can register me as a part-time worker if there is no other main place of work, and how this status will affect the calculation of labor and insurance period(pension and calculation of sick leave). Thank you very much in advance for your answer!

In accordance with Art. 60.1. "Part-time work" Labor Code Russian Federation:
“An employee has the right to enter into employment contracts for the performance of in free time from main work other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job).”

From this we can conclude that part-time work is possible only if the employee has employment at his main place of work.

We must remember that in accordance with Art. 66 Labor Code of the Russian Federation “Work book”:
“The employer (except for employers - individuals, who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case when work for this employer is the main one for the employee …
...At the request of the employee, information about part-time work is entered into work book at the place of main work on the basis of a document confirming part-time work.”

Employers do not keep work books for part-time workers, so no entries will be made for you, because they can only be done at your main place of work, which you will not have.

Regarding length of service, in accordance with the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ, Article 10:
"1. The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by the persons specified in part one of Article 3 of this Federal Law, provided that for these periods payments were made insurance premiums V Pension Fund Russian Federation."

Therefore, the period of part-time work will be counted in the insurance period for calculating pensions and disability benefits.

If the number of teaching hours is too low, I would recommend not switching to part-time work (especially since in your case this contradicts labor legislation), and be issued not for the full rate, but for part of it, which will correspond to the number of hours worked.

We must remember that upon dismissal, the employee receives compensation for unused vacation days, and you will have to “earn” your seniority again for annual paid leave, and you will receive the right to vacation only 6 months from the date of hiring (Article 122 of the Labor Code of the Russian Federation).

Russian labor legislation allows for the possibility of formalizing relations with the employer, both in the form of full-time employment and part-time employment with part-time registration. In order to enroll an employee in accordance with the letter of the law, you must adhere to the procedure established by the Labor Code of the Russian Federation.

In order to correctly register for a part-time position from the point of view of the law, personnel workers must follow the approved procedure and comply with all requirements of labor legislation:

Articles 286, 228, 127 – contain the rules for concluding and terminating labor relations with the employer;
settlement with an employee – Art. 77-78.80;
provisions for the transfer of an employee are given in Article 72;
rules for drawing up a work book and keeping records in it - Articles 57, 66, 282;

Since the Labor Code of the Russian Federation does not contain specific articles concerning the procedure for transferring from the main place of work to a part-time job without dismissal, the above articles allow you to re-register an employee in a new status without much effort.

The translation process is the preparation of an additional agreement to the contract.

The additional agreement with the employee must contain the following information:

The exact name of the department and position in which the employee intends to continue working.
Information about the start of the agreement and the transition to part-time work.

When transferring from a main position to a part-time position within one enterprise, a HR department specialist must take into account the nuances associated with keeping records in the work book, because working at the main place, the citizen transferred his work record to the employer for safekeeping, and part-time work on the basis of an additional agreement no longer requires this.

Combination presupposes the possibility of implementing labor activity in another enterprise as the main place of work, which entails the need to transfer the book to the personnel department of the main employer. Ignoring these provisions of the law can be considered a violation of current regulations, with further assignment of liability for violations. Therefore, when leaving the main position for a part-time job, it is necessary to comply with the Labor Code requirements for the dismissal procedure: with the issuance of a work permit and the making of all payments for the employee.

Basic part-time options

The translation processing process will vary depending on what type of combination is chosen: internal or external.

Internal part-time work allows for the possibility of continuing employment relations with the current employer in the old and new part-time status. External part-time work involves an employee leaving his main place of work to find full-time employment in another company, while retaining a number of official responsibilities in a position at his current place of work.

Description of the procedure

By allowing external part-time work, the employer must understand that from now on the employee will perform work in his free time from his main job. By registering an internal combination, the employee retains his current position, adding workload additional view work.

Standard procedure

Adhering to the following action plan, they re-register from the main position to a part-time position:

Drawing up and submission by the employee of a resignation letter at the main place of work.
Coordinating it with management.
Preparation of an order to terminate an employment contract.
In the personnel service, the employee makes a corresponding entry in the labor record.
Drawing up and signing a new agreement on new terms of employment, position and payment.

It is important to consider that re-registration as a part-time worker actually means the employee’s ability to work in other places.

Phased transfer to external part-time work

Next detailed instructions will allow taking into account all the requirements of the Labor Code related to the moment of transition to new labor Relations between an external part-time worker and the employer:

Termination of a current contract with an employee can be formalized in two ways: by agreement of the parties (Clause 1, Part 1, Articles 77, 78) or on the basis of an application for at will employee (clause 3, part 1, article 77).
Based on the order to terminate the employment contract, the relevant services of the employer initiate the process of registering an entry in the labor contract and making final settlements with the employee ( HR department and accounting, correlating their actions with the provisions of Article 84.1 of the Labor Code).
An employee re-registered as a part-time worker receives wages based on worked and unpaid work days off, unused regular vacation, and in case of dismissal by agreement - another compensation payment agreed with management.
The personnel service records the employee’s dismissal in the labor record, and also issues all the papers accompanying the procedure.
Only after completion of the dismissal process is it possible to rehire the employee, already in the new status of a part-time worker, indicating in the new agreement the established working conditions and his payment.

When re-registering a citizen, the employer’s services must take into account some features of the procedure.

The resignation letter is written in a standard form, according to the template established at the enterprise, indicating the applicant’s personal information, the date of termination of the working relationship and the basis for dismissal - “at one’s own request.”

An integral part of the transfer to combined work is the accounting department’s calculation of vacation pay for the time worked. The new vacation period in 2019 will be counted from the moment of entry into new position, and vacation payments are made only for the time that the employee actually worked in the new status.

When hiring a part-time employee, the employer must take into account that the employee’s new salary should not be higher than half the salary received by employees in similar positions as main employees.

Combining primary and secondary work is very common today. This is done by ordinary workers, engineers, teachers, doctors and even directors.

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But few people think about what our legislation says about this. And the employer should not make mistakes at all. Let's look at this question in more detail.

What it is

In his free time from his main job, a citizen can relax, or he can spend time usefully and receive a salary for it. Part-time work is nothing more than regular paid work in your free time from your main type of employment.

According to the law, when combining, it is necessary to draw up an employment contract in full compliance with established standards.

Several contracts can be concluded with an employee, their number is not limited in any way. If a citizen is a part-time worker, he has at least two employment contracts.

The main features of part-time work are:

additional work is paid, but is not the main one;
the employee has two or more contracts;
the work is performed continuously for a long time (two or three days of part-time work are not considered part-time work);
a citizen works in his free time from his main job, without combining two different processes;
remuneration is made according to standard rules; the employer does not have the right to lower the salary rate in comparison with other employees (only payment of wages in proportion to the time worked is allowed);
Ignoring sick leave and annual leave is not allowed.

When concluding a relationship on paper between an employer and an employee, it is important to comply with the following condition: the contract must indicate that the employment is formalized as a part-time job.

Legislation

Previously, when describing part-time work, lawyers gave reference to Article 98 of the Labor Code of the Russian Federation. Today it has completely lost force due to changes in labor legislation.

This happened because the deputies decided to protect workers from overload. Initially, it was planned to completely abolish the ability to combine main work with additional work.

Today, the topic of part-time work is briefly outlined in the following regulatory documents:

Article 282 of the Labor Code of the Russian Federation (in part 1);
Article 276 of the Labor Code of the Russian Federation;
Article 60.1 of the Labor Code of the Russian Federation (in part 1).

In addition, you will need to fully study Chapter 44 of the Labor Code. Also, to work, you will need to resort to Article 37 of the Constitution of the Russian Federation, which states that a citizen has the right to freedom of work.

In addition, the employee is guaranteed:

right to rest;
the right to days off and release on holidays;
working hours established by law.

A part-time employee can also go on sick leave, like any other employee. The law says that time for part-time work must be limited. As a rule, if a citizen spends 8 hours at his main job, then here half of that time.

By law, part-time work per day should not exceed four hours. Standardization and verification are carried out based on these standards for the accounting period. They accept a month's work for it.

The time distribution rules are as follows:

with a part-time job, an employee can work more hours if he is released from his main job on that day;
if the duties at the main workplace were performed in full, then the hours of work during part-time work cannot exceed 4 hours (Article 284 of the Labor Code of the Russian Federation);
the accounting time can be either a month or another period;
During the accounting time, the responsible employee calculates how long the employee worked part-time (this time should not exceed half the norm for the same period).

The concept of part-time work should not be confused with others.

How is it different from combining

Combination and part-time work are similar concepts at first glance, and they are also written similarly. However, these concepts should be distinguished. Knowing what a combination is, let’s understand the term combination.

This concept hides additional work performed without interruption from the main job. The combination can only be combined at the same workplace within the same company. You cannot combine labor in different companies.

When combined, the employee is paid additionally salary amount a pre-agreed amount, the amount of which depends on:

scope of work;
her character.

Payment is made differentially. Sometimes the entire amount of work is spread over several employees at the same time. No entry is made into the work book.

It is also not allowed:

increase in working hours;
conclusion of a separate employment contract;
long and permanent nature of work.

Let's return to the topic of part-time work and find out what types it is divided into.

Kinds

There are two types of these relationships:

internal;
external.

It is very simple to distinguish between them: if a citizen is a part-time worker with his main employer, it is called internal, but if he receives Additional income from another company, then external. Both concepts are included in the category of additional paid ones.

If the part-time job is internal, this is not a reason to refuse to issue a second employment contract.

In practice, it is customary to additionally draw up a document for accounting additional labor. It will not be difficult to register an employee for work under these conditions.

How to apply

Part-time work according to the Labor Code must be formalized accordingly. Let's talk about how to do this.

So, without your main place of work, it will not be possible to draw up a part-time employment contract.

Depending on its type, when hiring, an employee will additionally need to present:

passport and its copy;
a statement indicating that the job involves part-time work;
a certificate from the main place of work with a note stating that the working conditions are not dangerous (harmful);
diploma of education (certificate, letters of recommendation, certificates and so on);
a copy of the work record book (drawn up in a special way, required only for external employment, certified by the main employer);
SNILS, INN and other documents for calculating social contributions.

Then an Employment Contract is drawn up. In fact, it is no different from the standard form, but it indicates that the employee has part-time status.

The duration of the agreement is also determined by mutual decision of the parties. It may be uncertain fixed-term contracts By default, they are concluded for five years.

After the agreement is signed, an appointment order is issued (document form T-1). The employee becomes familiar with the working conditions, routine, job description, and then signs. In the HR department, a separate card is created for him, even if the part-time job is internal.

An example of an order can be seen below:

Purpose annual leave is carried out simultaneously with the terms at the main place of employment. You cannot go on vacation at different times; this is taken into account in the Labor Code of the Russian Federation. If the number of vacation days does not match, at the employee’s request, the employer provides him with several additional days without pay.

Termination of the contract is possible when hiring a new employee if the work becomes the main one for him.

Below is an example of an order addressing this issue:

Very often you can hear disputes about the lack of grounds for drawing up a separate employment contract. There is an opinion that with internal part-time work it is enough to draw up an annex to the main one in the form of an additional agreement. This is wrong. This form is permissible only when combining labor.

The second option in which it is appropriate to draw up an additional agreement is that the employee can change his part-time job to his main job. At the same time, he must resign from his previous main place of work, and an additional agreement will be attached to the part-time contract.

When is it prohibited to work like this?

Part-time work is not available to all citizens.

Thus, the Labor Code prohibits combining two jobs at once:

persons under 18 years of age;
all employees involved in driving vehicles;
those whose main place of work involves dangerous, harmful or difficult working conditions;
state and municipal employees;
deputies of the State Duma and members of the Government of the country (with the exception of teaching, creative or scientific activities).

Some restrictions also apply to company managers. Their work is associated with increased responsibility, so they can become part-time partners only with the consent of the owner of the assets or with the mutual consent of several founders.

Athletes also require similar permission. They cannot be part-time workers without the consent of the main employer. Coaches fall into the same category.

Some restrictions apply medical workers and teachers, pharmacists. They are allowed to work part-time while reducing their working hours.

Part-time work has a number of features. They should be carefully reviewed before hiring an employee. In general, there are almost no difficulties with the design.

Let us immediately make a reservation that we will not find a direct answer to the question of whether there can be two main places of work in the Labor Code of the Russian Federation. Moreover, current labor legislation gives an employee the right to work simultaneously in several jobs (positions).

However, this should not mislead either the employer or the employee. By officially allowing an employee to take such actions, the legislator establishes the specifics of simultaneous work in several places.

Differences between part-time work and main job

Carrying out work duties for two, three, etc. employers is called the special term “part-time work” (part 2 of article 282 of the Labor Code of the Russian Federation). Important feature part-time work is the possibility of performing it only in free time from the main job, subject to the rules for its registration (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation does not define the concept of “main work”. However, the term itself is used regularly.

So, for example, the employer whose main job is for the employee is obliged to maintain and store his work book. And only this employer is allowed by the legislator to enter information about part-time work into the work book (at the request of the employee) (Article 66 of the Labor Code of the Russian Federation). That is, the main job, in particular, is considered to be work for the employer who keeps the work book.

As we indicated above, part-time work is possible in your free time from your main job. And if the part-time job involves harmful (dangerous) working conditions, the employee must submit a certificate from the main place of work about the nature and conditions of work (Article 283 of the Labor Code of the Russian Federation). Annual paid leave for part-time jobs is provided simultaneously with leave at the main place of work (Article 286 of the Labor Code of the Russian Federation). An employment contract can be terminated early with a part-time worker if his place (position) is replaced by an employee for whom this work will be the main one (Article 288 of the Labor Code of the Russian Federation). And there are many more such examples from the Labor Code of the Russian Federation (study leaves, compensation, guarantees, etc.).

But the most important thing: the totality of these provisions from the Labor Code allows us to draw an important conclusion that the main place of work is the place that is not a part-time job for the employee.

This means that an employee may have two or more places of work, but only one of them can be the main one (where the work book is kept and stored), and all other places of work are part-time work. However, the law does not limit the number of employers with whom an employee can work part-time.

Therefore, if an employee works in two places, then he cannot work in two organizations at his main place of work. It must be registered as a part-time worker with one of the employers. It is necessary to determine the main place of work and enter it into the work book. A record of part-time work is optional and is made at the request of the employee.

Features of working in multiple locations

When working in several places at the same time, there are a few more things to consider.

The dismissal of an employee and termination of the employment contract at the main place of work does not mean that part-time work has automatically become his main place of work.

Part-time work is an independent labor relationship between an employee and an employer. Change determined by the parties terms of the employment contract is permitted only by agreement of the parties to the contract in writing (Article 72 of the Labor Code of the Russian Federation).

Therefore, in order for part-time work to become the main place of work, the employee must draw up an additional agreement with the employer (or terminate the previous contract and enter into a new employment contract) to change the previous conditions and hire the employee to the main place of work.

Additional work activities performed in time free from main duties are defined in labor legislation as.

In order for such work to become official for the employee, it is necessary to draw up and sign a separate document.

An officially employed person receives the rights to all social benefits and payments provided for by law and local documents in force at the enterprise or organization. At the same time, it does not lose social guarantees and at the main workplace.

According to Article 282 of the Labor Code, work as a part-time worker must be carried out exclusively during free time from main duties.

And so that additional responsibilities are not fulfilled to the detriment of the main ones, the legislation establishes a limit - part-time workers. That is, in one working month they produce only half established norm and receive half the rate assigned by the employer for this position.

In some cases, the procedure for working at an additional workplace may be changed:

If an employee stops working at his main place of work, additional work activity for him automatically turns into his main job.
If the employee has not notified the employer about his dismissal from his main workplace, he can also take the place of a part-time worker, but he still has the opportunity to change the terms of the concluded contract (it is enough to submit the appropriate application and confirm the stated request with documents).

In what cases is this allowed?

It should be borne in mind that an agreement concluded for part-time work cannot automatically be re-qualified as the main document.

Although this is permitted according to current labor legislation in the above cases (dismissal or).

The employer is not obliged to make changes to already current contract. The only initiator of such changes in this situation can be only the employee himself, interested in moving to full-time work at a full-time position. But at the same time, the immediate supervisor must also express his consent to making changes.

That is, any adjustment to an existing contract is made by agreement of the two interested parties.

Design nuances

If both parties agree to the registration of permanent basis, the employer has two options for the employee:

He has the right to terminate an existing contract and draw up a new document, taking into account the admission of a person to a vacant position on a permanent basis.
He can draw up an additional agreement and sign it together with the employee.

Such a document will amend an existing agreement. For example, it will indicate that the employee is accepted to the main place of work and is paid in full.

It should be noted that the employee is not required to present his work book. Therefore, the employer is not responsible for concealing data (for not having a main place of work).

But it is prohibited to issue a transfer according to article of the Labor Code under number 72.1 (the nature of the employee’s work activity does not change or workplace).

Registration procedure

If registration is made through the standard dismissal procedure, the initiative may come from:

From the employer. He refers to the presence of a person who wants to get a job on a permanent basis, and dismisses the employee engaged in part-time work. In fact, this is the same person, but there is no violation of the law - the procedure is legal.
From an employee. The employee submits an application for resignation of his own free will.

In both cases, the procedure takes a minimum of time. All dismissal documents are completed on one day. And in the second, a person is hired for a vacant workplace. If there was a record of the employment of a part-time worker, it is necessary to make a note about his dismissal.

For documentation orders, standardized forms are used: T-8 (dismissal) and T-1 (admission to a vacant position).

If registration is made through drafting, the employer offers in writing to make these changes, or the employee writes a statement asking to adjust the existing contract.

After which an agreement form is prepared (in two copies at once). The document is registered in a special accounting journal designed to record contracts. After signing it, the second copy is handed over to the employee.

Then the manager issues an order in which he orders changes to be made to staffing table and the procedure for calculating salary for this employee (if the work schedule has changed!).

Calculation of working hours and payment

There are two options for a person previously employed as a part-time worker:

he switches to full-time work, and this fact is reflected in the contract or additional agreement;
The working day remains the same, that is, incomplete, at the request of the employee (there is no legislative prohibition on this type of work activity in these conditions!).

In this case, it is necessary to distinguish between the concepts of part-time and shortened days. Reduced work hours are established only for certain categories in accordance with Article 93 of the Labor Code.

If an employee has expressed a desire to work part-time, he must reflect this in the application. When drawing up an additional agreement or contract, the employer will refer to the submitted application and satisfy the employee’s request.

Payment will be calculated according to actual time worked. And in case of full employment, the established amount is paid in full.