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

Part-time job without a main job

Good afternoon 12 years combined teaching activities (main position) in the state educational institution with a leadership position structural unit. At the moment, she intends to abandon the administrative position and remain only in the pedagogical one. The management suggests switching to part-time jobs through dismissal, since I have too little teaching load- 230 hours. Tell me, please, can I be registered as a part-time job if there is no other main place of work, and how this status will affect the calculation of labor and insurance experience(pension and sick leave calculation). Thank you very much in advance for your reply!

In accordance with Art. 60.1. "Part-time work" Labor Code Russian Federation:
“The employee has the right to conclude employment contracts for the performance in free time from work another regular paid job with the same employer (internal part-time job) and (or) with another employer (outside part-time job)."

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

It must be remembered that, in accordance with Art. 66 of the Labor Code of the Russian Federation "Labor book":
“Employer (with the exception of employers - individuals, which 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 work for the employee …
... At the request of the employee, information about part-time work is entered in 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 made at the main place of work, which you will not have.

Regarding the 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 length of service 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 paid insurance premiums V Pension Fund Russian Federation."

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

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

It must be remembered that upon dismissal, the employee receives compensation for unused vacation days, and you will have to “earn” the length of service for annual paid leave again, and you will receive the right to leave only after 6 months from the date of employment (Article 122 of the Labor Code of the Russian Federation).

Russian labor legislation allows for the possibility of registering relations with the employer, both in the form of full-time employment and part-time work with part-time employment. In order to enroll an employee in the state in accordance with the letter of the law, the procedure established by the Labor Code of the Russian Federation should be followed.

In order to competently, from the point of view of the law, apply for the position of a part-time job, personnel workers must be guided by the approved procedure and comply with all the requirements of the provisions of labor legislation:

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

Since there are no specific articles in the Labor Code of the Russian Federation regarding 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 execution of an additional agreement to the contract.

An additional agreement with an employee must contain the following information:

The exact name of the department and position in which the employee is going to continue working.
Information about the beginning of the agreement and the transition to work on combining.

When transferring from the main position to a part-time job within the same enterprise, a specialist in the personnel department must take into account the nuances associated with maintaining an entry in the work book, because. working at the main place, the citizen transferred his labor employer for storage, and part-time work on the basis of an additional agreement no longer requires this.

Combination implies 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 calculated as a violation of existing norms, with further liability for violations. Therefore, when leaving the main position for a combination job, it is necessary to comply with the requirements of the Labor Code for the dismissal procedure: with the issuance of a labor and the production of all calculations for the employee.

Main partnership options

The process of processing the translation will differ, depending on which type of combination will be chosen: internal or external.

Internal part-time employment allows the possibility of continuing labor relations with the current employer in the old and new status of a part-time job. External part-time employment involves the departure of an employee from the main place of work for employment on a full-time basis in another enterprise, while retaining a number of official duties in any position at the current place of work.

Description of the procedure

Allowing the registration of an external part-time job, the employer must understand that from now on the employee will perform work in his spare time from the main job. Making an internal combination, the employee retains the current position, adding workload on additional view work.

Standard procedure

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

Preparation and submission by the employee of a letter of resignation at the main place of work.
Coordination with management.
Preparation of an order to terminate the employment contract.
In the personnel service, the employee makes an appropriate entry in the labor.
Drafting and signing of a new agreement on new terms of employment, position and pay.

It is important to consider that re-registration as a part-time job actually means the employee can work in other places.

Gradual transfer to external part-time work

Next detailed instructions will allow to take 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 an employer:

Termination of the current contract with an employee can be executed in two ways: by agreement of the parties (clause 1 of part 1 of article 77, 78) or on the basis of an application for own 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 making an entry in the labor contract and making final settlements with the employee ( personnel service and accounting, correlating their actions with the provisions of Article 84.1 of the Labor Code).
An employee re-registering as a part-time worker receives wages on the fact of worked and unpaid work exits, unused regular vacation, and in case of dismissal by agreement - another compensation payment agreed with management.
The personnel service makes an entry in the labor office about the dismissal of the employee, and also hands over all the papers accompanying the procedure.
Only after the completion of the dismissal process, it is possible to hire the employee again, already in the new status of a part-time job, indicating in the new agreement the established working conditions and remuneration.

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

The letter of resignation is written in a standard form, according to the model established by the enterprise, indicating the personal information of the applicant, the date of termination of the working relationship and the grounds for dismissal - "of one's own free will."

An integral part of the transfer to a combination is the calculation of vacation pay for the worked time by the accounting department. The new vacation experience 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 more than half the salary received by employees in similar positions as main employees.

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

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

But few people think about what our legislation says about this. And the employer should not make mistakes at all. Let's analyze this issue 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 employment is nothing more than regular paid work in free time from the main type of employment.

According to the law, when combining, it is necessary to draw up an employment contract in full accordance 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 in his hands.

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;
work is performed constantly for a long time (two or three days of part-time work are not considered part-time jobs);
a citizen works in his spare time from his main job, without combining two different processes;
wages are paid 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 hours 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 condition: the contract must indicate that the employment is formalized as a part-time job.

Legislation

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

This happened due to the fact that the deputies decided to protect workers from overload. Initially, it was planned to completely abolish the opportunity to combine the main work with additional work.

Today, the topic of part-time work is summarized 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, for 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 labor.

In addition, the employee is guaranteed:

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

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

Legislatively, part-time work per day should not exceed four hours. Rationing and verification is carried out on the basis of these norms for the accounting period. It takes a month of work.

The time allocation rules are as follows:

in case of part-time work, an employee can work more hours if he is released on that day from his main job;
if the fulfillment of duties at the main workplace was carried out 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);
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).

Do not confuse the concept of part-time with others.

How is it different from combination

Combination and combination - at first glance, the concepts are similar, they are similar in writing. However, these concepts must be distinguished. Knowing what a combination is, let's deal with the term combination.

Under this concept lies the additional performance of work without interruption from the main employment. Combinations can only be combined at the same workplace within the same company. You can not engage in a combination of labor in different firms.

When combined, the employee is paid extra to wages a predetermined 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. There is no entry in the work book.

Also not allowed:

increase in working time;
conclusion of a separate employment contract;
long and continuous 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 job 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 paid additionally.

If the combination is internal, this is not a reason for refusing to draw up 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 arrange an employee for work under these conditions.

How to issue

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

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

Depending on its type, when applying for a job, the employee will additionally need to present:

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

Then an employment contract is drawn up. In fact, it is no different from the standard view, but it indicates that the employee has the status of a part-time job.

The duration of the contract is also determined by mutual decision of the parties. It may be indefinite fixed-term contracts the default is five years.

After the contract is signed, an appointment order is issued (document form T-1). The employee gets acquainted with the working conditions, schedule, job description and then signs. In the personnel department, a separate card is opened 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 can’t 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 request of the employee, the employer provides him with several additional days without pay.

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

Below is an example of an order relating to 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 part-time jobs to the main job. At the same time, he must quit his previous main place of work, and an additional agreement will be attached to the part-time contract.

When is it forbidden to do so?

Part-time employment is not available to all citizens.

So, it is forbidden to combine two jobs at once by the Labor Code:

persons under the age of 18;
all employees involved in the management of vehicles;
those whose main place of work is associated with 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 apply to company executives as well. Their work is associated with increased responsibility, so they can become part-timers only with the consent of the owner of the assets or with the mutual consent of several founders.

Athletes also need a similar permit. They cannot be part-time workers without the consent of the main employer. Coaches are in the same category.

Some restrictions apply medical workers and teachers and pharmacists. They are allowed to work part-time with a reduction in the length of the working day.

Compatibility has a number of features. They should be carefully studied before hiring an employee for a job. In general, there are almost no difficulties with registration.

We will 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, the current labor legislation gives the employee the right to work simultaneously in several jobs (positions).

However, this should not mislead either the employer or the employee. Officially allowing the employee to do such actions, the legislator establishes the features of simultaneous work in several places.

Differences between part-time work and main job

Fulfillment of labor duties for two, three, etc. employers is called the special term "part-time job" (part 2 of article 282 of the Labor Code of the Russian Federation). An important feature part-time work is the possibility of its execution only in the time free from the main work, 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 disclose the concept of "main job". However, the term itself is used regularly.

So, for example, the employer, whose work is the main one 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 (at the request of the employee) into the work book (Article 66 of the Labor Code of the Russian Federation). That is, the main work, including, is considered to be work for the employer who maintains the work book.

As we indicated above, part-time work is possible in free time from the main job. And if part-time work is with harmful (dangerous) working conditions, the employee must submit a certificate from the main place of work on the nature and working conditions (Article 283 of the Labor Code of the Russian Federation). Annual paid leave in combination 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 ahead of schedule with a part-time job if an employee is hired in his place (position) 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 holidays, compensations, guarantees, etc.).

But most importantly: 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 for the employee is not a part-time job.

And this means that an employee can have two or more jobs, but only one of them can be the main one (where the work book is maintained and stored), and all other jobs are part-time jobs. At the same time, the law does not limit the number of employers with whom an employee can work on a part-time basis.

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

Features of working in several places

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

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

Part-time work is an independent labor relationship between an employee and an employer. Change certain parties terms of an employment contract is allowed 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 needs to draw up an additional agreement with the employer (or terminate the previous contract and conclude a new employment contract) on changing past conditions and hiring the employee to the main place of work.

Additional labor activity performed in free time from main duties is 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 one.

An officially employed person receives the rights to all social payments and payments provided for by law and local documents in force at the enterprise or organization. However, 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 should be carried out exclusively in his spare time from his main duties.

And so that additional duties are not performed 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 the employee stopped working at the main place of work, additional labor activity for him automatically turns into the main job.
If the employee did not warn the employer about the dismissal from the main workplace, he can also take the place of a part-time job, but he still has the opportunity to change the terms of the concluded contract (it is enough to submit an appropriate application and confirm the request with documents).

In what cases is this allowed?

It should be borne in mind that an agreement concluded for part-time employment cannot be automatically reclassified into the main document.

Although this is allowed under the current labor legislation in the above cases (dismissal or).

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

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

Design nuances

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

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

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

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

But it is forbidden to draw up a transfer in accordance with article of the Labor Code at number 72.1 (the nature of the work activity does not change for the employee or workplace).

Registration procedure

If registration is carried out 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 a part-time employee. In fact, this is the same person, but there is no violation of the law - the procedure is lawful.
From an employee. The employee submits a request for dismissal of his own free will.

In both cases, the procedure takes a minimum of time. In one day, all documents for dismissal are drawn up. And in the second person is taken to a free workplace. If there was a record of the reception of a part-time worker, it is necessary to make a note about his dismissal.

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

If registration is done through drafting, the employer proposes to make these changes in writing, or the employee writes a statement with a request to correct an already existing contract.

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

Then the head issues an order in which he orders to make changes to staffing and the procedure for calculating the 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 goes to full time, and this fact is reflected in the contract or additional agreement;
the mode of the working day remains the same, that is, incomplete, at the request of the employee (there is no legislative ban on this type of labor activity under these conditions!).

In this case, it is necessary to distinguish between the concept of an incomplete and shortened day. Reduced working time is set only for certain categories in accordance with Article 93 of the Labor Code.

If the employee has expressed a desire to receive a part-time job, 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 request of the employee.

Payment will be charged according to the actual hours worked. And with full employment, the established amount is paid in full.