Labor Code, N 197-FZ | Art. 282 of the Labor Code of the Russian Federation
Article 282 of the Labor Code of the Russian Federation. General provisions on part-time work (current version)
Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.
The conclusion of employment contracts for part-time work is allowed 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.
AT employment contract it is obligatory to indicate that the work is a part-time job.
It is not allowed to work part-time for persons under the age of eighteen, at work with harmful and (or) hazardous conditions labor, if the main work is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.
Features of the regulation of part-time work for certain categories workers (pedagogical, medical and pharmaceutical workers, cultural workers) in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
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Commentary on Art. 282 of the Labor Code of the Russian Federation
1. In accordance with part 1 of the commented article, part-time work is work under an employment contract if:
The employment contract is concluded by an employee who is already a member of labor relations with the same or with another employer;
Under this contract, work other than the main one is performed;
The work performed under this employment contract is regular and paid;
Other work is performed by the employee in his spare time from the main job.
2. An employee has the right to conclude employment contracts for part-time work with an unlimited number of employers (part 2 of article 282). At the same time, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. Exceptions are cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of the organization has the right to work part-time for another employer only with the permission of the authorized body legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (see comments to Article 276).
3. According to part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under a different employment contract with the same employer is called internal part-time work, and with another employer - external part-time work (see comments to Article 60.1).
The commented article allows work in the order of internal combination both in the same specialty (profession or position) in which the main work is performed for this employer, and otherwise. In other words, an employee can work in the order of both external and internal part-time jobs in any specialty, profession or position stipulated by the employment contract, incl. and in the same way as in the main work.
4. When concluding an employment contract for part-time work, it, along with other mandatory conditions, must indicate that the work is part-time work (part 4 of the commented article; see also comments to article 57). Both internal and external part-time employment are formalized by an employment contract concluded in writing. In doing so, must be observed general rules established by Art. Art. 67, 68 of the Labor Code (see comments to them).
Having concluded an employment contract on part-time work, the employee acquires, under this contract, the appropriate legal status, which does not change automatically due to changes occurring at the main place of work. For example, if an employee stops labor relation with the employer at the main place of work, then part-time work does not become the main one for him. This conclusion follows from the content of Part 4 of Art. 282, according to which the condition of part-time work is a mandatory condition of the employment contract, and Art. 72 of the Labor Code, which provides that changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and in writing (see comments to Article 72).
5. Part 5 of the commented article provides for which categories of workers and under what conditions part-time work is prohibited.
In accordance with it, in all cases, part-time work of persons under the age of 18 is not allowed.
Persons engaged in their main job in jobs with harmful and (or) dangerous working conditions may work part-time, provided that the work performed in part-time work is not related to the same conditions, i.e. harmful and/or dangerous.
Employees whose work is directly related to driving vehicles or traffic control Vehicle, part-time work directly related to driving or traffic control is not allowed. The list of jobs, professions, positions directly related to driving vehicles or managing vehicle traffic is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (see comments to Article 329). At present, such a List is approved by Decree of the Government of the Russian Federation of January 19, 2008 N 16.
It is not allowed to work part-time in other cases, if it is expressly provided for by federal law.
So, according to Art. 21 of the Law on State and Municipal Unitary Enterprises, the head of a unitary enterprise is not entitled to: be a founder (participant) of a legal entity; hold positions and engage in other paid activities in government bodies, organs local government, commercial and non-profit organizations, except for teaching, scientific and other creative activity; study entrepreneurial activity; be a sole executive body or a member of a collegial executive body commercial organization, except in cases where participation in the bodies of a commercial organization is included in official duties this leader.
6. Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in accordance with part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations.
The Government of the Russian Federation by Decree of 04.04.2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" instructed the Ministry of Labor and social protection of the Russian Federation in agreement with the Ministry of Health of the Russian Federation, the Ministry of Culture of the Russian Federation and the Ministry of Education and Science of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
Judicial practice under Article 282 of the Labor Code of the Russian Federation:
- Decision of the Supreme Court: Definition N APL17-146, Board of Appeal, appeal
Contrary to the arguments of the appeal, paragraphs 10, 12 of the Rules do not conflict with Articles 282-288 Labor Code of the Russian Federation, regulating the peculiarities of labor of persons working part-time ...
- Decision of the Supreme Court: Definition N APL12-291, Board of Appeal, appeal
He pointed out that the regulations he contested did not comply with Articles 37, 44 of the Constitution of the Russian Federation, Articles 282, 283, 331 of the Labor Code of the Russian Federation, Articles 53, 56 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" and violate his constitutional right to work and freedom of teaching...
- Decision of the Supreme Court: Determination N 2-APG16-2, Judicial Collegium for Civil Cases, appeal
According to Art. 282 of the Labor Code of the Russian Federation, part-time employment is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job ...
Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. The conclusion of employment contracts for part-time work is allowed 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 work is part-time. It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws. Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.
Legal advice under Art. 282 of the Labor Code of the Russian Federation
- Lawyer's response:
First, from 01.01.2002, the "insurance period" was introduced - the total duration of periods of work and (or) other activities, taken into account when determining the right to a labor pension, during which insurance premiums to the Pension Fund of the Russian Federation, as well as other periods counted in the length of service; Second, calculus insurance experience required to acquire the right to a labor pension is made in calendar order. If several periods specified in Articles 10 and 11 of this Federal Law coincide in time, one of such periods is taken into account when calculating the insurance period at the choice of the person who applied for the said pension. Thirdly, the Rules currently used for the mandatory individual (personalized) registration of citizens in the pension insurance system make it meaningless to enter fictitious records of experience in the work book that are not confirmed by information pension fund RF. At the same time, such records can serve as a basis for attracting officials organizations and employees to liability in accordance with the legislation of the Russian Federation. Thus, if you are getting a part-time job somewhere, then it is more expedient to conclude an "employment contract ( contract of employment) "with the obligatory indication in it that the work is a part-time job. And on the basis of this agreement, at your request, a corresponding entry can be made in your work book at the main place of work. Which would be more expedient for you to do. P.S. More details about part-time work, see articles 282-288 of the Labor Code of the Russian Federation
- Lawyer's response:
Answer: 1. Colleagues have already answered you correctly about part-time employment - it can be internal, that is, within your enterprise, and external, that is, at any other firms. 2. Art. 282 - 288 of the Labor Code of the Russian Federation. Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. 3. In judicial practice many times I have seen people have from 2 to 5, 7, etc. work books. To put it mildly, "illegal" and not good. It is better not to do this, but to do this: 1.) you can conclude an infinite number of civil law contracts for the provision of specific services, registration of the work book is not required. 2.) you can conclude an infinite number of civil law contracts - almost the same as the "provision of services", registration of a work book is not required. 3.) fixed-term employment contracts or open-ended employment contracts, depending on labor discipline enterprises. Just say in "their personnel" that the work book is located at the main place of work, and bring a copy of the work book certified by your main employer so that they "do not doubt". Good luck. Sincerely, lawyer, candidate legal sciences, Zinkovsky M. A. (Belgorod)
- Lawyer's response:
You do not have the right to restrict an employee in her desire to work part-time. She has the right to do so in accordance with Article 282 of the Labor Code. But the main place is the main one. And she is obliged to observe, first of all, the mode of operation of her main workplace, and at part-time work - in her free time from her main job. Therefore, you can involve an employee in disciplinary responsibility if suddenly in working time she will be absent from work. So give her a choice...
- Lawyer's response:
Dear Anna! The Labor Code, article 282 of the Labor Code of the Russian Federation, allows concluding employment contracts in combination with an unlimited number of employers. And so that the inspection and regulatory authorities have fewer questions, they are concluded in accordance with.
- Lawyer's response:
Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers In accordance with Article 282 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, part I, Article 3) and Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers" (Collected Legislation of the Russian Federation, 2003, N 15, Art. 1368) Ministry of Labor and social development of the Russian Federation, in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, decides: 1. To establish the following features of part-time work of pedagogical, medical, pharmaceutical and cultural workers other regular paid work on the terms of an employment contract in their free time from their main job at their main place of work or in other organizations, including in a similar position, specialty, profession, and in cases where reduced working hours are established (with the exception of jobs in relation to which sanitary and hygienic restrictions are established by the regulatory legal acts of the Russian Federation); b) the duration of part-time work of these categories of employees during the month is established by agreement between the employee and the employer and for each employment contract it cannot exceed: working time for the main job is less than 16 hours per week - 16 hours of work per week; - for cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration working week; f) pedagogical work in the same primary or secondary institution vocational education, in preschool educational institution, in an educational institution general education, institution of additional education for children and other children's institution With additional payment; g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational institutions, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.; h) work in the same educational institution or other children's institution in excess of the established norm of hours of pedagogical work for the rate wages teachers, as well as accompanists, accompanists for the training of artists; i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position. Performance of work specified in subparagraphs "b" - "h" is allowed during regular working hours with the consent of the employer. Well give your consent! ! Who else can give?
- Lawyer's response:
Part-time employment, according to Article 282 of the Labor Code of the Russian Federation, is the regular performance by an employee of other paid work during the time free from the main job. When applying for a part-time job, an employment contract is no different from a regular employment contract and is drawn up in exactly the same way. However, this agreement must specify that this work is a combination. Part-time work can be performed both in the same organization, for example, in another structural unit as well as in another organization or company. In any of these cases, part-time work is necessarily performed on the basis of an employment contract, which is concluded between the employee and the employer. The employee has to conclude as many employment contracts for part-time work as he wants. However, the law limits the daily part-time workload to four hours and the weekly to sixteen. Termination of an employment contract for part-time work occurs on a general basis and is regulated by the labor code. To apply for a part-time job, an employee must present to the company administration the following documents: the passport; document on education received; documents confirming special skills, if any; information about the main place of work; health certificate, if required. An entry about part-time work is entered in the work book at the request of the employee. In this case, the entry is made by the main employer on the basis of the certificate of part-time employment provided by the employee. Payment for part-time work is made in accordance with Article 285 of the Labor Code of the Russian Federation and is accrued according to one of several options: in proportion to the time worked or piecework (upon the fact of the work performed). If the employment contract defines other conditions for calculating wages, then it is calculated in accordance with the contract. If an employee of a certain profession or a certain area is entitled to wage bonuses, then the same bonuses should be accrued when performing part-time work. When working part-time, an employee is often worried about the question annual leave. How should it be calculated in this case? Annual paid leave is granted to an employee working part-time, simultaneously with leave at the main job (Article 286 of the Labor Code of the Russian Federation). If the number of days worked part-time is not enough to provide the employee with vacation (the employee works for less than six months), then the employer is obliged to provide him with paid leave in advance. The order of payment of assistance for pregnancy and childbirth when working part-time deserves special attention. Assistance is paid to a person working part-time on the basis of a copy of the disability certificate for pregnancy and childbirth, issued in the prescribed manner and certified at the main place of work. The employee must also provide a certificate of average salary from the main place of work. The amount of payment at the main place of work and the place of work in combination cannot exceed maximum amount monthly salary, from which insurance premiums are paid. Restrictions may apply to part-time work. Restrictions may be established in connection with the state of health of the employee or specific requirements for the profession, working conditions. Restrictions for part-time work are established for pregnant women. It is forbidden to perform part-time paid work, except for pedagogical, scientific and creative activities, for certain categories of employees: civil servants, judges, prosecutors, etc. A ban on part-time work is also introduced for persons under 18 years of age. Today, one of the most common cases of part-time work is the work of an accountant. One accountant can combine work in two at once.
- Lawyer's response:
federal Service for Labor and Employment (Rostrud) in letter No. 4365-6-1 dated 10/26/2007. gave the following explanations on this issue: “Based on the definition of part-time work given in Article 282 of the Labor Code of the Russian Federation, part-time work is work under another employment contract in free time from the main job. In order for part-time work to become the main one for the employee, it is necessary that the employment contract at the main place of work be terminated, with an appropriate entry in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. An employment contract concluded at a part-time job must be amended (for example, that the work is the main one, and also if the employee's working hours and other conditions change). In addition, only with the consent of the employee, it is possible to terminate the employment contract for part-time work (for example, by agreement of the parties, by own will), and then the conclusion of an employment contract with other conditions. At the same time, appropriate entries are made in the work book of the employee.
Combination is the performance by the employee, along with his main work, provided for by the employment contract ( job description), additional work in another profession at the same enterprise or institution in the allotted ...
- Lawyer's response:
(on part-time workers) 1. The Labor Code of the Russian Federation prohibits part-time work for persons under eighteen years of age, as well as heavy work, work with harmful or dangerous working conditions, if the main work is associated with the same conditions. Currently, there are a number of federal laws that prohibit part-time work, except for scientific, teaching (pedagogical) and other creative activities: members of the Government of the Russian Federation (Federal constitutional law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation" - SZ RF 1997. N 51. St. 5712); civil servants (Federal Law of July 31, 1995 N 119-FZ "On the Basics of the Public Service of the Russian Federation" - SZ RF. 1995. N 31. Art. 2990); municipal employees (Federal Law of 08.01.98 N 8-FZ "On the Basics municipal service in the Russian Federation" - SZ RF. 1998. N 2. Art. 224); judges (Law of the RSFSR "On the Status of Judges of the Russian Federation" - Gazette of the RSFSR. 1992. N 30. Art. 1792). Restrictions on part-time work are also established for employees of the Bank of Russia (Federal Law of 02.12.90 N 394-1 "On the Central Bank of the Russian Federation (Bank of Russia)" - SZ RF. 1995. N 18. Art. 1593), for heads of security companies and security guards (Law of the RSFSR " On private detective and security activities in the Russian Federation "- Bulletin of the RSFSR. 1992. N 17. Art. 888).
- Lawyer's response:
In accordance with Art. 282 of the Labor Code of the Russian Federation, you have the right to work part-time - that is, to perform other regular paid work on the terms of an employment contract in your free time from your main job. To do this, you just need to conclude an employment contract for part-time work with your new employer (have a passport and diploma with you). The duration of your working hours, by virtue of the provisions of art. 284 of the Labor Code of the Russian Federation will not have to exceed four hours a day, and payment will be made in proportion to the time worked (or under other conditions established in the employment contract). You do not need to start a new work book. Your main work book is maintained by the employer at the main place of work, in which he can also make an entry about your part-time work on the basis of documents confirming such work (for example, an employment contract for part-time work, a copy of the order.) Vacation is provided simultaneously with vacation main job. B / l is paid both for the main job and part-time. Income tax of 13% of your earnings will be withheld from you, and the employer will make deductions to the Pension Fund, Social Insurance Fund, Compulsory Insurance Fund for you.
- Lawyer's response:
You have the right to conclude an employment contract for external part-time work on the performance of other regular paid work on the terms of an employment contract in your free time from your main job. (Article 282 of the Labor Code). In this case, the work book is with the employer at the main place of work. At your request, they can make a record of part-time work in it. Leave is granted at the same time at the main place of work. Salary is proportional to hours worked.
- Lawyer's response:
According to Article 282 of the Labor Code - part-time employment - the performance by an employee of another regular paid job on the terms of an employment contract in his spare time from his main job. Part-time work can be performed by an employee both at the place of his main job (internal part-time job), and for other employers (external part-time job). According to Article 288 of the Labor Code, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired, for whom this work will be the main one, about which the employer warns the specified person in writing for at least two weeks before the termination of the employment contract. Prepare a written notice of dismissal two weeks in advance and after these weeks, a letter of resignation.
well, if the need for sleep is gone, then yes, yes, if it doesn’t harm health for at least three Article 282 of the Labor Code of the Russian Federation
- Lawyer's response:
No, not true. Part-time employment is regulated by Chapter 44 of the Labor Code of the Russian Federation. Article 282 of the Labor Code of the Russian Federation. General provisions on part-time work Part-time work is the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. invalidated since 2006 T. o. , part-time work can be internal and external.
- Lawyer's response:
According to Article 282 of the Labor Code - part-time employment - the performance by an employee of another regular paid job on the terms of an employment contract in his spare time from his main job. There can be no combination, without the main place of work. The personnel department (with the consent of the management) must draw up an additional agreement to the employment contract in the part that this work is the main one for the employee and only after that issue a medical policy.
- Lawyer's response:
The employer is wrong. Do not write a letter of resignation. As defined in Part 2 of Art. 282 of the Labor Code of the Russian Federation, the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers. At the same time, the employee is not obliged to coordinate with the employer at the main place of work the number of part-time jobs.
- Lawyer's response:
Compatibility is regulated. In accordance with Article 282 of the Labor Code of the Russian Federation, part-time employment is the performance by an employee of another regular paid job on the terms of an employment contract in his spare time from his main job. The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. An employee has the right to conclude an employment contract with another employer to work on the terms of external combination, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws. For example, according to Article 276 of the Labor Code of the Russian Federation, the head of an organization has the right to work part-time for another employer only with the permission of the authorized body of the legal entity, or the owner of the property of the organization, or the person (body) authorized by the owner (Article 276 of the Labor Code of the Russian Federation). Thus, an external part-time worker is a full-time employee if an employment contract has been concluded with him on part-time work.
Why can't you work part-time at the same job? Article 282 of the Labor Code of the Russian Federation The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided ...
for one! and everything else is at the discretion of your manager, if you can do the job for three, then the payment is appropriate! Article 282 of the Labor Code of the Russian Federation The conclusion of employment contracts for part-time work is allowed with ...
The contrary is not established in the norms of the law of the Russian Federation. Therefore, there are no obstacles.
Daria Tsvetkova
Friends, it is clear that you are against Putin. You write for whom you are and why. And then some verbiage one!
for anyone. Everything will be decided in the 2nd round For Zyuganov. I don't like capitalism. I'm for myself! And because I know well who I am for! "History teaches people that history has taught people nothing." Mahatma Gandhi (02/10/1869 - 30/01/1948...
concurrently cannot concurrently. There is only one work book, the director at the main place of work, at the request of the employee, writes it down in the same labor work concurrently simply, concurrently. We read the Labor Code of the Russian Federation Article 282 ...
Compiled in accordance with article 57 of the Labor Code of the Russian Federation. And the features are indicated in accordance with articles 282-288 of the Labor Code of the Russian Federation. The employment contract must indicate that the work is part-time. Article 282 of the Labor Code of the Russian Federation. AND...
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Tribunal....Yanukovych has already jumped, this is the next What kind of tribunal, what fighters?
- Lawyer's response:
Should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. Limitations on working hours when working part-time, established by part one of this article, do not apply in cases where the employee at the main place of work has suspended 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. part-time workers are spelled out in articles 282-288 of the Labor Code of the Russian Federation. See the edition of the TC after 2006.
can. One work according to a work book, the other under a contract, yes, you can, at least 3 - the law does not prohibit wells if your health is enough. One place is the main one (with a work book). Any number of others - part-time. in one place...
Through layoffs. We dismiss from part-timers and accept in the staff.
Yes. To use drugs and be Russian is an incompatible concept. You're right!
- Lawyer's response:
According to Article 282 of the Labor Code - part-time work - the employee's performance of other regular paid work on the terms of an employment contract in his spare time from his main job. And according to article 284 of the Labor Code - working hours when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of workers. What irregular day can we talk about? Definitely - no.
Combination Compatibility. Article 282 of the Labor Code of the Russian Federation. in Russian part-time work
Custom was an ancient source of law in the states of Mesopotamia. Along with custom, another source of law appears very early - the law. The laws of the cities of Larsa, Eshnunna, Isin are known. One of the most significant stages in the development of law...
because!
- Lawyer's response:
In addition to the answers: In the order and in the employment contract, do not forget to indicate "part-time". This is also useful: The Labor Code of the Russian Federation - Article 282. General provisions on part-time work The employment contract must indicate that the work is part-time work. Article 283. When hiring part-time for another employer, the employee is required to present a passport or other document, certifying identity. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or training or duly certified copies thereof, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate of the nature and conditions of work at the main place of work. Article 284. Working hours when working part-time Working hours when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norms of working hours for another accounting period) established for the corresponding category of workers. Article 285. Remuneration of labor of persons working part-time labor of persons working part-time, is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract.
- Lawyer's response:
Any work must be paid (Constitution of the Russian Federation, Article 37 of the Labor Code of the Russian Federation). Part-time work is not overtime work, since it is performed in free time from the main job, under a separate employment contract. That is, you have completed your main job, you are starting to perform part-time duties. Remuneration for part-time work is made in proportion to the time worked, but not more than half of the monthly norm of hours. For honey. employees, the working hours are determined by the Government, taking into account the position and (or) specialty of the medical worker and cannot exceed 39 hours per week (Article 350 of the Labor Code of the Russian Federation) part-time jobs as a neonatologist with remuneration in proportion to the hours worked. For the protection of your rights, you can contact the GIT. For Leonid. The Labor Code of the Russian Federation contains two different concepts - part-time work (Article 60.1 of the Labor Code of the Russian Federation), which is performed in free time from the main job and combination of positions (Article 60.2 of the Labor Code of the Russian Federation) - additional work that is performed during the main working hours.
Any theft can be called "misappropriation of funds", but not all misuse is theft ...
- Lawyer's response:
LABOR CODE Article 282 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 work is part-time work. (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws. Article 284. Hours of work when working part-time Hours of work when working concurrently should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norms of working hours for another accounting period) established for the corresponding category of workers. part one of this article shall not apply in cases where the employee at the main place of work has suspended work in accordance with part two of article 142 of this Code or has been suspended from work in accordance with part two or four of article 73 of this Code.T. E., a part-time job (internal or external) can only work 20 hours a week (with 40 hour work weeks.) And this is 0.5 rates. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without exemption from work specified in the employment contract With the written consent of the employee, he may be entrusted with the performance during the established working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of this Code). Additional work assigned to an employee in another profession (position) may be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. To fulfill the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee may be assigned additional work both in another and in the same profession (position). The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee. The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days.
Ekaterina Alekseeva
work accepted jointly resigned from the main month the slave is his place considered the main slave? what needs to be done to make it the main
- Lawyer's response:
The issue of transition from part-time to the main place of work is not clearly regulated by law. Therefore, there are two opinions: by drawing up an additional agreement to an employment contract. Based on the changes made to the employment contract, the employer issues an order (instruction) and makes an entry in the employee's work book. Second: through dismissal-hiring. It is necessary to issue an order to terminate the part-time employment contract, make an entry in the work book about dismissal (if a part-time admission was made). Then accept the employee at the main place of work (conclude an employment contract for the main job, draw up an order for employment and make an entry in the work book about employment. Those who adhere to the second option believe that a part-time contract is a special type of labor contracts, because part-time work has a number of features (in terms of work, payment (which accordingly affects the volume and nature of job duties), the procedure for granting leave, the absence of a number of benefits provided only at the main place of work, etc. ) Therefore, in the transition from part-time work to work at the main place (and vice versa), there is not just a change in one or two essential conditions of the contract, which is formalized by an additional agreement to the existing contract, the essential characteristics of the labor relations that bind the employee change and employer.In addition, the employee changes the main place of work, which is always issued etsya through dismissal-acceptance. Letter of the Federal Service for Labor and Employment of October 22, 2007 N 4299-6-1 The Legal Department of the Federal Service for Labor and Employment reviewed the letter of September 28, 2007 on the application of certain provisions of labor legislation. We inform you the following. Based on the definition of part-time work given in Article 282 of the Labor Code of the Russian Federation, part-time work is work under another employment contract in time free from the main job. the main place of work was terminated, with an appropriate entry in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. An employment contract concluded at a part-time job must be amended (for example, that the work is the main one, as well as if the employee's working hours and other conditions change). In the event that the work book of the employee did not have an entry about part-time work, then in the work book of the employee, after the record of dismissal from the main place of work, the full name of the organization is indicated as a heading, as well as the abbreviated name of the organization (if any). Then an entry is made on the acceptance of the employee to work from the day the work began with a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time job. In the event that the work book of the employee contains an entry about part-time work made time at the main place of work, then after the record of dismissal from the main place of work and the record of the full, as well as the abbreviated (if any) name of the organization, an entry should be made in the work book that from such and such a date work in the position such and such became the main one for this worker. In column 4, a reference is made to the relevant order (instruction). In addition, only with the consent of the employee, it is possible to terminate the employment contract for part-time work (for example, by agreement of the parties, at their own request), and then conclude an employment contract with other conditions. At the same time, appropriate entries are made in the work book of the employee
I think no, I think yes. You need to study the character of your director well, and then you can find out. It's still not clear exactly how you fit into the two jobs. By
- Lawyer's response:
A part-time job is an internal or external part-time job. Internal part-time work is regulated by the same articles of the Labor Code of the Russian Federation as external part-time work (Articles 60.1, 282-288, 329). In any case, it is drawn up by an employment contract on part-time employment. In accordance with Art. 22 of the Labor Code, the employer is obliged to provide employees with work stipulated by the employment contract. In accordance with Art. 72.2 of the Labor Code of the Russian Federation, a temporary suspension of work for reasons of an economic, technological, technical or organizational nature is DOWNTIME. According to Article 157 of the Labor Code of the Russian Federation, downtime (Article 72.2 of this Code) through the fault of the employer is paid in the amount of at least two-thirds of the employee's average wage. Sources of information (here you can read more): 1) 2) http://www.zakonrf.info/tk/157/ 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 work is part-time. It is not allowed to work part-time for persons under the age of eighteen, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws. Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations. Article 283. Documents presented when hiring for a part-time job When hiring for a part-time job with another employer, an employee must 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, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work. Read the entire Chapter 44. Features of the regulation of labor of persons working part-time Of course, this is complete absurdity. Let her figure out where she has her main job, and where she has a part-time job. In addition, Article 284. Duration of working time when working part-time The length of working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. The restrictions on working hours when working part-time, established by part one of this article, do not apply in cases where the employee at the main place of work has suspended work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with part two or four of Article 73 of this Code.
- Lawyer's response:
- Lawyer's response:
Evgenia Blinova
2 labor \ 2 jobs .. I work 13 at my main job, which I’m never going to change =) I would like to get another 1 job, but there only officially under LABOR (under a contract, etc. they don’t take it) Actually Question .. . How to make 2 work book? can it pop up? And what could it be... I'm afraid they'll get fired from the first =(
Claudia Danilova
I am on maternity leave, working at work, there is an opportunity to earn extra money, but only officially, of course I don’t want to quit, +. what to do, can I start a second labor or is it illegal ??? 7
Konstantin Raskolnikov
Is it possible, referring to the production need, to convince the employee to refuse part-time work at another job? Our child Center works on Mon, Tue, Thu, Fri full day, Sat - until 14h. Weekends - Wed and Sun. Our employee at the Security Council got another job on an urgent TD, she should start working there from September 14th. We have her main place of work. Instead of her, there is no one to put to work in the Security Council in our center. The search for new employees on the Security Council during the summer was not successful. I, as a leader, ask the employee to stay at the main job in the Security Council. They themselves do not want to go to work part-time, but want to work in the Security Council with us. But there she signed a TD, and new leader she screams that they were counting on her, that she is letting them down, etc. And the employee, out of a sense of guilt and duty, decides to move to a new place, leaving our center in the Security Council without a teacher. What can be done in this situation? Can I issue an order on the production necessity for her to work in the Security Service? Can she terminate the contract at a new place of work without any consequences? What is the right thing for me to do as a leader (I am an ind. entrepreneur) in this situation? Thank you.
Vera Efimova
external combination in the position of deputy head. I work as a paramedic on an ambulance. Can I be an external part-time deputy head in another organization?
Margarita Dorofeeva
AT kindergarten worked as a senior educator from 0.5 rate of a teacher-psychologist. Now they have appointed me the manager.. Should I cancel these 0.5 rates myself???
Veronika Tsvetkova
Dear personnel officers, please tell me whether it is possible to register a person part-time with a contractual salary?
Veronika Volkova
Please tell me about the translation! We have a part-time worker, we want to make him work on his main job in the same organization! What is needed for this! Thanks in advance!
Egor Savvinsky
What is the difference between combination and combination? I get confused all the time when I write orders. Like when right?
Evgeny Kurganov
Representatives of what privileged professions cannot work part-time? I am interested in construction and installation works: foremen, craftsmen, welders, etc.
Margarita Stepanova
how to work part-time? I want to get another job, working at the first job, what documents should I provide for a new place. If everything is officially registered there? Do I have to pay any taxes?
Vera Lebedeva
question to the comrades from the personnel department inside. I’m getting a job, I can’t give my work book, I want to get another job, they take it officially
Viktor Brovkin
How to dismiss an internal part-time worker without his consent?
Larisa Sorokina
Can I work two jobs?
Evgeny Miloserdov
Labor law .. Combination can only be with an employee working in this organization (internal), and part-time with an employee of another organization (external)?
Lilia Alekseeva
When working part-time without the main place of work, is an insurance policy issued in the organization where you are combined
Boris Raskoshnykh
I'm in maternity leave and I work part-time in another place, can I be fired under the article. they don’t take it back and force them to write applications on their own or they will be fired under the article. I work for individual entrepreneur
Svetlana Popova
is the part-time employee a full-time employee? We have in staffing the position of a designer is provided - 1 staff unit. The designer works, but part-time (we don’t have a labor one). Is he a staff member??? I need to understand this, because. we need to provide information to the SRO about full-time employees ...
Lyubov Nikitin
can the employer meet halfway and not enter data into the labor, that is, conclude a TD?
Antonina Novikova
How many temporarily absent employees can receive an additional payment per employee
Valentin Voevoda
Can an infectious disease doctor work part-time in the same position? Yes, this is work with VUT, but the Decree of June 30, 2003 N 41 approved the features of part-time work of medical workers, according to which all medical workers employees, including those with reduced working hours in harmful and difficult working conditions, can work part-time (with the exception of those jobs for which sanitary and hygienic requirements are established).
Larisa Dmitrieva
Is sanity sick?
Leonid Keldyushev
Tell me please! How can school teachers work in two schools? Do they have two work books or what?
Bogdan Yakovunyk
What should be a part-time employment contract
Anastasia Krylova
please help answer this question!! what articles in the code. Worker Gornostaev turned to the employer with a request to work part-time for 4 hours a day. the employer gave his consent, but with the condition of providing part-time work for 2 hours a day, motivating this by the fact that work outside the standard working hours cannot exceed 4 hours for 2 days in a row. Is the employer correct in this case?
Vladimir Maleinin
Is it possible for a person to get 2 jobs at the same time, that is, to work officially there and there?
Oleg Napiersky
Question about part-time work. I work as a seller officially by labor in a supermarket. They offered a part-time job as a merchandiser in the same supermarket from an external employer. To draw up a contract, you need an insurance certificate, tax number, a copy of your passport. Q: Is it legal to work two jobs officially?
Irina Lazareva
how to transfer a part-time worker to a permanent staff? A person is accepted by a part-time job at 0.5 without an entry in the labor. after his dismissal at the main job HOW to transfer him to the main place on a full-time basis? a transfer order will not work because the labor record of acceptance should be ....
Elizabeth Gromova
Roman Ogarkov
help answer the question. whether additional leave is due to an employee working part-time for an irregular working day.
Denis Sinezubov
What is the name of a two-way job?
Vasily Kalenkov
Tell me pzhl .... Sources of Law of Ancient Babylon
Eduard Trityakov
Why are there huge queues of people wishing to obtain Russian citizenship at the Russian embassy in Ukraine?
Ludmila Grigorieva
Dear personnel officers and lawyers .. tell me how part-time workers are registered for work? an employment contract is concluded with them, is an entry made in the work book? whether the employer is obliged to provide the original work book at the main place of work for registration as a part-time person in another company. thanks to all.
Christina Soboleva
Do they have a right? Wouldn't it be considered recycling? District pediatrician, the norm of hours per day is 7.5 hours. . Also, 4-5 shifts per month + urgency in pediatrics a week per month + constant urgency in neonatology. Initially, according to neonatology, they put COMBINATION, that is, you come in the morning at 1.5-2 hours. / 5 days examination of newborns, then to the site. Now they have set a PART-time job, that is, those 1.5-2 hours that were in the morning will need to be worked out after the main reception time. Of course, this time will not be paid.
Roman Sinepupov
Can theft be called misappropriation of funds?
Egor Levtsov
How is part-time work paid? I work internally. The director signed the order, with payment according to the staffing table. The payroll accountant is against it. He says that you cannot pay the full salary. only according to hours worked. This is half the salary.
The text of article 282 of the Labor Code of the Russian Federation in a new edition.
Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.
The conclusion of employment contracts for part-time work is allowed 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 work is part-time.
It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.
Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.
N 197-FZ, Labor Code of the Russian Federation, current edition.
Commentary on Art. 282 of the Labor Code of the Russian Federation
Comments on the articles of the Labor Code will help to understand the nuances of labor law.
§ 1. In part 3 of Art. 282 the words "in other organizations" are replaced by the words "at other employers". This means that in addition to the main work under an employment contract, an employee has the right to conclude employment contracts with other employers, both with organizations (legal entities) and with individuals (individual entrepreneurs, etc.).
In the previous Part 5, the words "established by federal laws" were replaced by the words "provided for by this Code and other federal laws."
Part 5 Art. 282 became part 6, and the former part 6 became part 5.
The fact that the main, most significant features of the labor regulation of certain categories of workers are established by the Code and other federal laws, was reflected in the content of the last (sixth) part of this article. Other features of the regulation of part-time work of pedagogical, medical and pharmaceutical workers, cultural workers may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
§ 2. The working conditions of part-time workers (features of labor regulation) were provided for by the Decree of the Council of Ministers of the USSR of September 22, 1988, with an addition of September 17, 1990 (SP USSR. 1988. N 33. Art. 93; 1990. N 26. Art. 127), and the Regulation approved by the Decree of the USSR State Labor Committee together with the USSR Ministry of Justice and the All-Union Central Council of Trade Unions on March 9, 1989, as amended on August 15, 1990 and November 25, 1993 (Bulletin of the USSR State Labor Committee. 1989. N 6).
The Code contains norms on part-time employment and provides for the possibility of regulating part-time employment by other federal laws, as well as in the manner determined by the Government of the Russian Federation (for certain categories of employees). In accordance with these acts, the specific conditions of part-time employment for each employee are determined by the employment contract. In this regard, the need to use the above regulatory legal acts is lost. Moreover, their main provisions were used in the preparation of Ch. 44 of the Code.
§ 3. Article 282 contains several general rules on concurrent employment:
1) the concept of combination is formulated;
2) the possibility of combining jobs with several employers is established;
3) two types of part-time employment are determined - internal (in the same organization with which the employee is already in labor relations under the main employment contract) and external - with another employer;
4) it is mandatory to indicate in the employment contract that this work is a part-time job;
5) provides for internal differentiation in the regulation of part-time employment for certain categories of workers;
6) a ban on part-time work is established for a number of categories of workers.
§ 4. In accordance with Part 1 of Art. 282, part-time work is understood as the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.
§ 5. Internal part-time employment is possible if there is an agreement between the employee and the employer - the employee’s application and the employer’s permission, the conclusion of a second (in relation to the main) employment contract between the same parties.
Signs of internal combination are as follows:
1) work for the same employer;
2) work in a different profession, specialty or position compared to the main job;
3) work outside the normal working hours (more precisely, outside the normal working hours established for the main job);
4) work under another employment contract existing in parallel with the main employment contract.
§ 6. In accordance with Part 2 of Art. 282 the conclusion of employment contracts for part-time work is allowed with several employers, unless otherwise provided by federal law.
Signs of external combination are:
1) work for another employer (other employers);
2) work can be in any profession, specialty, position, including similar to that which is performed at the main place of work;
3) work outside the normal working hours (standard working hours) for the main job;
4) work under another labor contract (other labor contracts) in addition to the main labor contract. At the same time, the main employment contract and employment contracts for part-time employment exist simultaneously.
It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Code and other federal laws (h 5 article 282 of the Labor Code of the Russian Federation).
Currently, it is forbidden to perform paid work on a part-time basis (except for scientific, teaching and creative activities): municipal employees (see Federal Law of January 8, 1998 "On the basics of municipal service in the Russian Federation" // SZ RF. 1998. N 2. Article 224; 1999. N 16. Article 1933); judges (see Law of the Russian Federation "On the status of judges in the Russian Federation" dated June 26, 1992, with subsequent amendments // Vedomosti RF. 1992. N 30. Art. 1792; SZ RF. 1995. N 26. Art. 2399; 2001. N 51. St. 4834; 2004. N 35. St. 3607)) and to some other persons.
A civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest (part 2 of article 14 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" // SZ RF, 2004, N 31, article 3215).
Deputies working on a permanent basis, elected officials are not entitled to engage in entrepreneurial activities, as well as other paid activities, with the exception of teaching, scientific and other creative activities; deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation cannot hold other public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as public positions of the civil service and municipal positions of the municipal service, be deputies of other representative bodies of state power or representative bodies of local self-government; deputies of representative bodies of local self-government, elected officials of local self-government cannot be deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of constituent entities of the Russian Federation, and also hold public positions in the civil service and municipal positions in the municipal service. Other restrictions related to the status of a deputy, an elected official may be established by federal law (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation ", as amended by the Federal Law of August 22, 2004 N 122-FZ (SZ RF. 2002. N 24. Art. 2253; 2003. N 27. Art. 2711; 2004. N 35. Art. 3607, N 50. Article 4950, 2005. No. 27. Article 2708, No. 30 (Part I, Article 3104)).
The head of the organization may hold paid positions with another employer, but he needs to obtain permission from the authorized body of the legal entity or the owner of the property of the organization or a person (body) authorized by the owner (see part 1 of article 276 of the Labor Code).
Other restrictions are also established for the head of the organization (see part 2 of article 276 of the Labor Code).
Citizens undergoing alternative civilian service are not entitled to combine it with work in other organizations (see paragraph 4, clause 2, article 21 of the Federal Law "On Alternative Civil Service" dated July 25, 2002 N 113-FZ, as amended by the Federal Law No. 122-FZ of August 22, 2004 // SZ RF, 2002. No. 30. Article 3030; 2004. No. 35. Article 3607).
Features of regulation of part-time work for certain categories of employees are established by separate regulatory legal acts. Thus, the duration of part-time work in health care bodies of medical workers living and working in rural areas and in urban-type settlements is determined by Decree of the Government of the Russian Federation of November 12, 2002 N 813 (SZ RF. 2002. N 46. Art. 4595).
Features of part-time work of pedagogical, medical, pharmaceutical and cultural workers are determined by the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 (Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 8. P. 48).
§ 8. In the employment contract with a part-time job, as well as in the order (instruction) on hiring him, it must be recorded that this work is a part-time job. This is an essential condition of the employment contract.
No permits are required for entering work in the order of external part-time employment, unless otherwise provided by law.
The next commentary on article 282 of the Labor Code of the Russian Federation
If you have questions under Art. 282 of the Labor Code, you can get legal advice.
1. An employee has the right to conclude employment contracts for part-time work with any employers - both legal entities and individuals (Article 60.1 of the Labor Code).
In part 1 of the commented article, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as a special type of labor contract. The characteristic features of part-time employment are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. An exception to the general rule is indicated in the Decree of the Ministry of Labor and Social Development of the Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to sub. "in" clause 1 of the said Resolution, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational organizations for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work. For pedagogical, medical, pharmaceutical and cultural workers, the following types of work are not considered part-time and do not require the conclusion (execution) of an employment contract:
a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;
b) medical, technical, accounting and other expertise with a one-time payment;
c) pedagogical work on the terms of hourly payment in the amount of not more than 300 hours. in year;
d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours. in year;
e) implementation by employees who are not on the staff of the institution (organization), management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational organization with additional payment by agreement between the employee and the employer;
f) pedagogical work in the same organization of secondary vocational education, in a preschool educational organization, in an educational organization of general education, in an organization of additional education for children and in another children's institution with additional payment;
g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational organizations of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational organizations, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;
h) work in the same educational organization or other children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;
i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.
The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the said Resolution).
2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.
3. There is a difference between internal (at the place of main work) and external (with another employer) part-time job. With internal part-time employment, in addition to the main employment contract, a second employment contract is concluded with the employee - on part-time work - and a separate order is issued on hiring part-time.
Internal and external part-time employment is allowed for the same position, profession, specialty in which the main work is performed (letter of the Federal Service for Labor and Employment dated April 21, 2011 N 1048-6-1). Exceptions are established for employees whose work is directly related to driving vehicles or driving traffic (part 1 of article 329 of the Labor Code), and persons working in jobs with harmful and (or) dangerous working conditions, if the work is under the main employment contract also characterized as harmful or dangerous (part 5 of the commented article).
Part-time work is prohibited:
persons under the age of 18 (part 5 of the commented article);
municipal employees replacing the position of the head of the local administration under a contract, except for scientific, teaching and other creative activities (clause 2, article 14 of the Federal Law of March 2, 2007 N 25-FZ "On municipal service in the Russian Federation");
judges, except for pedagogical, scientific and other creative activities (clause 5, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation");
prosecutors, except for pedagogical, scientific and other creative activities (clause 5, article 4 of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation");
employees of the Investigative Committee of the Russian Federation, except for pedagogical, scientific and other creative activities (part 5 of article 5 of the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation");
members of the Federation Council and deputies of the State Duma, except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation ");
deputies, elected officials working on a permanent basis, except for teaching, scientific, other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum citizens of the Russian Federation");
employees of federal bodies of state protection, except for teaching, scientific and other creative activities (if it does not interfere with the performance of official duties), except in cases where the combination of jobs is caused by official necessity (clause 4 of article 19 of the Federal Law of May 27, 1996 N 57 -FZ "On State Protection");
employees of the personnel of the foreign intelligence agencies of the Russian Federation, with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 No. N 5-FZ "On foreign intelligence");
employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank, with the exception of teaching, research and creative activities (Article 90 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia) ");
citizens undergoing alternative civilian service - with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal part-time work;
heads of internal affairs bodies, divisions, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of the Russian Federation and their deputies, with the exception of creative, scientific and teaching activities (clause 4 of Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions of service (work) part-time in the system of the Ministry of Internal Affairs of the Russian Federation").
Federal Law No. 24-FZ of March 2, 2007, amended a number of regulatory legal acts, according to which it is specified that the teaching, scientific and other creative activities that such persons are engaged in part-time cannot be financed solely from the funds foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty or the legislation of the Russian Federation. This applies to judges, prosecutors, employees of the investigative committee, employees of internal affairs bodies, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, employees of federal courier communications, customs officers, military personnel, deputies of legislative (representative) and executive bodies state authorities of the constituent entities of the Russian Federation, municipal employees replacing the position of the head of the local administration under the contract, state civil servants.
With regard to civil servants, the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" replaced the previously existing ban on part-time work with a restriction. In particular, according to paragraph 2 of Art. 14 of this Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of the management body of a commercial organization on a paid basis (with the exception of cases established by federal law).
Similar rules have been established for municipal employees (clause 2, article 11, clause 1, article 14 of the Federal Law "On Municipal Service in the Russian Federation").
It is not allowed to work part-time at jobs with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, dangerous), to submit a certificate of the nature and working conditions at the main place of work, which is drawn up on the basis of a special assessment card of working conditions. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.
To a certain extent, the right to work part-time of the head of the organization is limited, who can work for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person authorized by the owner, or body (see article 276 of the Labor Code and commentary to it). Some federal laws specify the procedure for such approval. Thus, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company (clause 3 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies").
The most strict rule is established by paragraph 2 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". The head of a unitary enterprise is not entitled to hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.
An athlete, coach have the right to work part-time for another employer as an athlete or coach only with the permission of the employer at the main place of work (see article 348.7 of the Labor Code and commentary thereto).
5. A feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code allows, by agreement of the parties, to conclude fixed-term employment contracts with persons entering a part-time job.
Another feature of part-time work is part-time work. Since the regime of work and rest for a part-time worker does not coincide with the generally accepted in this organization, the labor contract of a part-time worker must establish a condition on the time of work of a part-time job.
The new edition of the Labor Code has significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of work organization differ? What features should be considered when hiring a part-time job? Is it necessary to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in this article.
Combination and combination are completely different forms of labor organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the work of part-time workers and those who master other positions and professions, let's briefly understand the terminology.
If an employee, in his spare time from his main job, performs other regular paid work on the terms of an employment contract, this is part-time work (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only with your employer, but also in another organization (for another entrepreneur or an individual who is not an entrepreneur).
When combining professions (positions), work is carried out “during the established duration of the working day (shift)” and always with the same employer (Article 60.2 of the Labor Code of the Russian Federation).
Now that the main differences between combination and combination have been identified, we can move on to the details.
part-time
So, there are several factors that determine part-time work: the employee has a main place of work, performs labor functions (job duties) in his spare time from his main job, does it regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.
As follows from Article 60.1 of the Labor Code of the Russian Federation, part-time employment can be external and internal.
External part-time- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization, an entrepreneur without forming a legal entity, and an employer - an individual who is not an entrepreneur.
Internal combination- performance of other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work indicating the position, profession, specialty as a part-time job.
Who cannot be a partner
For certain categories of citizens, part-time work is prohibited by the Labor Code. First, these are persons under the age of 18. And secondly, employees whose main work is associated with hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.
In addition, some restrictions on part-time work are also established for heads of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, “the head of an organization may work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner.”
In certain cases, the Labor Code refers the employer to other federal laws and regulations that limit the combination of individual employees. These are, in particular, federal laws on state and municipal unitary enterprises, bodies of the judiciary, advocacy and advocacy, justices of the peace. The list of such acts also includes decrees of the Government of the Russian Federation (for example, a decree regulating the procedure and conditions for part-time service (work) in the system of the Ministry of Internal Affairs of Russia).
The ban on multiple jobs is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition, can only engage in teaching, scientific or other creative activities. Part-time working conditions for pedagogical, medical, pharmaceutical and cultural workers are also special, regulated by the Labor Code, other laws and acts. For example, the resolutions of the same name of the Government of the Russian Federation of 04.04.2003 No. 197 and the Ministry of Labor of Russia of 06.30.2003 No. 41 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers”.
We conclude an employment contract with a part-time partner and draw it up for work
The procedure for hiring an employee on a part-time basis is the same as when hiring him for a main job. An employment contract with a part-time worker is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other with the employee's note "Received the second copy of the employment contract" is kept by the employer.
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It is necessary to state in the employment contract that the work will be performed on a part-time basis (paragraph 4 of article 282 of the Labor Code of the Russian Federation). For example, the relevant provision may look like this: "The employee is hired by the Employer on a part-time basis."
A typical mistake of employers: with an employee who is hired as internal part-time, a new employment contract is not concluded. At the same time, the salary is calculated simultaneously for both the main job and the job performed part-time.
However, it is necessary not only to conclude an employment contract with such an employee, but also to fill out a personal card for him (form No. T-2), and also assign a personnel number. That is, in the time sheet, this employee will appear twice: as the main employee and as a part-time worker.
The list of mandatory documents for employment on a part-time basis is given in article 283 of the Labor Code. It:
Passport or other identity document;
Diploma or other document on education, professional training if the upcoming work requires special knowledge (or duly certified copies of such documents);
Certificate of the nature and working conditions at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.
However, the listed documents from the internal part-time job may not be required, since such an employee has already submitted copies of all the necessary documents.
Working hours
Legislation, as before, limits the maximum working hours of part-time workers, but does not specify the minimum duration.
“Working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of workers ”(Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the norm of working time is 40 hours, then the working time of a part-time worker cannot exceed 20 hours.
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note: restrictions on the duration of working hours when working part-time do not apply in two cases.
First case. At the main place of work, the employee suspended work due to the violation by the employer of the terms for paying wages (part 2 of article 142 of the Labor Code of the Russian Federation).
Second case. The employee was suspended from the main job in accordance with a medical report, and it is impossible to transfer him to another job (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).
Considering that the mode of working time and rest time (it is usually individual for part-time workers) is a prerequisite for inclusion in the employment contract, it must be written in the employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:
“The employee is set a five-day working week with a duration of 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.
Days off for the Employee are Saturday and Sunday.
“The work week of 12 hours is set for the employee. The employee works on a rotating schedule: Monday, Wednesday and Friday from 18.00 to 20.00, Tuesday and Thursday from 17.00 to 20.00. Days off for the Employee are Saturday and Sunday.
Salary
The work of part-time workers is paid “in proportion to the time worked, depending on the output or on other conditions determined by the employment contract. This is indicated in article 285 of the Labor Code of the Russian Federation.
When establishing for persons working part-time with time wages, normalized tasks, wages are paid according to the final results for the actually performed amount of work. At the same time, part-time workers must be paid all the necessary regional coefficients and allowances, where such are established.
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As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a part-time job remuneration system is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: "the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of the labor expended, and is not limited to a maximum amount." Any kind of discrimination is prohibited in the setting of wages.
A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, “the monthly salary of an employee who has worked the norm of working hours during this period and fulfilled labor standards (labor duties) cannot be lower than the minimum wage.” But the remuneration of part-time workers can be calculated in proportion to the hours worked or in proportion to the output and, thus, be less than the minimum wage.
Vacation
The procedure for granting leave to part-time workers is clearly stated in Article 286 of the Labor Code and differs significantly from the procedure for granting leave for the main job. In particular, this article states that “persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then leave is provided in advance.
Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises for the employee after six months of his continuous work with this employer”, does not apply to part-time workers. An external part-time worker who wishes to receive a regular vacation at the same time as a vacation at the main place of work can be recommended to take the appropriate certificate from the main place of work and submit it to the employer who has part-time work.
The duration of the vacation of part-time workers, as well as the main employees, cannot be less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation). If the duration of the vacation of a part-time worker at the main job is longer than at part-time work, the employer is obliged, at the request of the part-time worker, to provide him with leave without saving the salary of the corresponding duration. Calculation of the average wage for vacation pay and compensation for unused vacation is carried out according to general rules. This is stated in article 139 of the Labor Code.
What to do if the part-time worker, having used the vacation in advance, quits? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee's salary for unworked vacation days.
Guarantees and compensation
For employees working on a part-time basis, guarantees and compensations provided for by law, local regulations, agreements are provided in full. The exception is the list of guarantees and compensations "to persons who combine work with education, working in the regions of the Far North and areas equivalent to them." In these cases, guarantees and compensations are provided to employees only at their main place of work (Article 287 of the Labor Code of the Russian Federation).
One more exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of the organization or the termination of the activity of an individual entrepreneur (clause 1 of article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, an individual entrepreneur (clause 2 of article 81). Such an employee is paid only a severance pay in the amount of the average monthly earnings on the basis of Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at the main place of work, he does not retain the average monthly earnings for the period of employment.
Dismissal
An employment contract with a part-time job in accordance with Article 288 of the Labor Code may be terminated on general grounds. We recall that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for terminating an employment contract: “an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one.”
note: We are talking about a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.
As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to notify the part-time job in writing about this. Moreover, this must be done at least two weeks before the specified event.
In all cases, the day of dismissal of the employee is the last day of his work. On this day, the employer is obliged to pay him in full.
And one moment. According to Article 66 of the Labor Code of the Russian Federation, “at the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.”
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Kaskad LLC, represented by General Director Anatoly Evgenievich Vlasov, acting on the basis of the Charter, hereinafter referred to as the Employer, and a citizen of the Russian Federation Limonova Maria Grigoryevna, hereinafter referred to as the Employee, have entered into an additional agreement on the following: “The employee is entrusted, in order to combine positions, to perform the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles per month.” 2. This additional agreement is an integral part of the employment contract and comes into force on October 10, 2006. Addresses and signatures of the parties... |
Combination of professions (positions)
When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation). Let's take a look at the nuances.
Under combination of professions is understood as the performance by the employee, along with the work defined by the employment contract, of additional work in another profession. Combination of posts is the performance by an employee of additional work in another position. The concept of "combination of professions" applies to workers, and the concept of "combination of positions" - to employees and specialists.
Combination also includes expansion of service areas, increase in the volume of work. In this case, the employee, along with the work determined by the employment contract, performs an additional amount of work in the same profession or position.
And finally, another type of combination is the performance of the duties of a temporarily absent employee without exemption from work determined by an employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or for other reasons) and who, in accordance with applicable law, retains a job (position).
The period during which the employee will perform additional work is set by the employer with the written consent of the employee. This is stated in article 60.2 of the Labor Code of the Russian Federation. The amount of payment for the combination is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in articles 60.2 and 151 of the Labor Code of the Russian Federation.
All types of combination of professions (positions) can be entrusted only with the written consent of the employee. The alignment is done in the following way. Due to the fact that the conditions on the “labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee)” are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions) must conclude an additional agreement to the employment contract.
On the basis of the additional agreement concluded, it is necessary to issue an order to combine positions, for example, with the following text:
"Limonova Maria Grigorievna, assistant secretary, to entrust, in the order of combining positions, the performance of the duties of an office manager from October 10, 2006 with an additional payment for combining positions in the amount of 5,000 rubles per month."
note: when applying for a combination, it is not required to conclude a new employment contract, as well as make entries in the work book.
The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement is also concluded to the employment contract, and on its basis an order is issued to cancel the combination.
Part-time employment is the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.
The conclusion of employment contracts for part-time work is allowed 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 work is part-time.
It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.
Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.
Commentary on Art. 282 of the Labor Code of the Russian Federation
1. The concept of “part-time employment”, given in this article, as an independent type of employment contract, allows us to distinguish it from the concept of “combination of professions (positions)”, in which the employee performs additional duties under the concluded employment contract (see commentary to Article 151 of the Labor Code RF).
2. The possibility of part-time work may be limited both by the need to obtain an appropriate permit (for example, this applies to the head of the organization - see the commentary to Article 276 of the Labor Code of the Russian Federation), and by a direct ban for certain categories of workers (for example, for persons under the age of 18 years, in hard work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases established by federal laws).
3. As an exception to the general rule, pedagogical, medical and pharmaceutical workers, cultural workers can work in an internal combination and in a similar position, specialty during the main working hours with the preservation of wages at the main place of work (see Resolution of the Ministry of Labor of Russia of June 30 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical and pharmaceutical workers, cultural workers" // BNA RF. 2003. N 51).
Second commentary on Article 282 of the Labor Code
1. In part 3 of Art. 282 the words “in other organizations” are replaced by the words “with other employers”. This means that in addition to the main work under an employment contract, an employee has the right to conclude employment contracts with other employers, both with organizations (legal entities) and with individuals (individual entrepreneurs, etc.).
In the previous Part 5, the words "established by federal laws" were replaced by the words "provided for by this Code and other federal laws."
Part 5 Art. 282 became part 6, and the former part 6 became part 5.
The fact that the main, most significant features of the labor regulation of certain categories of workers are established by the Code and other federal laws, was reflected in the content of the last (sixth) part of this article. Other features of the regulation of part-time work of pedagogical, medical and pharmaceutical workers, cultural workers may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
2. The working conditions of part-time workers (features of labor regulation) were provided for by the Decree of the Council of Ministers of the USSR of September 22, 1988, with an addition of September 17, 1990 (SP USSR. 1988. N 33. Art. 93; 1990. N 26. Art. 127), and the Regulations approved by the Decree of the USSR State Labor Committee together with the USSR Ministry of Justice and the All-Union Central Council of Trade Unions on March 9, 1989, as amended on August 15, 1990 and November 25, 1993 (Bulletin of the USSR State Labor Committee. 1989. N 6).
The Code contains norms on part-time employment and provides for the possibility of regulating part-time employment by other federal laws, as well as in the manner determined by the Government of the Russian Federation (for certain categories of employees). In accordance with these acts, the specific conditions of part-time employment for each employee are determined by the employment contract. In this regard, the need to use the above regulatory legal acts is lost. Moreover, their main provisions were used in the preparation of Ch. 44 of the Code.
3. Article 282 contains several general rules on concurrent employment:
1) the concept of combination is formulated;
2) the possibility of combining jobs with several employers is established;
3) two types of part-time employment are determined - internal (in the same organization with which the employee is already in labor relations under the main employment contract) and external - with another employer;
4) it is mandatory to indicate in the employment contract that this work is a part-time job;
5) provides for internal differentiation in the regulation of part-time employment for certain categories of workers;
6) a ban on part-time work is established for a number of categories of workers.
4. In accordance with Part 1 of Art. 282, part-time work is understood as the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.
5. Internal part-time employment is possible if there is an agreement between the employee and the employer - the employee's application and the permission of the employer, the conclusion of a second (in relation to the main) employment contract between the same parties.
Signs of internal combination are as follows:
1) work for the same employer;
2) work in a different profession, specialty or position compared to the main job;
3) work outside the normal working hours (more precisely, outside the normal working hours established for the main job);
4) work under another employment contract existing in parallel with the main employment contract.
6. In accordance with Part 2 of Art. 282 the conclusion of employment contracts for part-time work is allowed with several employers, unless otherwise provided by federal law.
Signs of external combination are:
1) work for another employer (other employers);
2) work can be in any profession, specialty, position, including similar to that which is performed at the main place of work;
3) work outside the normal working hours (standard working hours) for the main job;
4) work under another labor contract (other labor contracts) in addition to the main labor contract. At the same time, the main employment contract and employment contracts for part-time employment exist simultaneously.
It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Code and other federal laws (h 5 article 282 of the Labor Code of the Russian Federation).
Currently, it is forbidden to perform paid work on a part-time basis (except for scientific, teaching and creative activities): municipal employees (see Federal Law of January 8, 1998 "On the basics of municipal service in the Russian Federation" // SZ RF. 1998. N 2. Article 224; 1999. N 16. Article 1933); judges (see Law of the Russian Federation “On the Status of Judges in the Russian Federation” dated June 26, 1992, with subsequent amendments // Vedomosti RF. 1992. N 30. Art. 1792; SZ RF. 1995. N 26. Art. 2399; 2001. N 51. St. 4834; 2004. N 35. St. 3607)) and to some other persons.
A civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest (part 2 of article 14 of the Federal Law of July 27, 2004 N 79-ФЗ “On the State Civil Service of the Russian Federation” // SZ RF, 2004, N 31, article 3215).
Deputies working on a permanent basis, elected officials are not entitled to engage in entrepreneurial activities, as well as other paid activities, with the exception of teaching, scientific and other creative activities; deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation cannot hold other public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as public positions of the civil service and municipal positions of the municipal service, be deputies of other representative bodies of state power or representative bodies of local self-government; deputies of representative bodies of local self-government, elected officials of local self-government cannot be deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of constituent entities of the Russian Federation, and also hold public positions in the civil service and municipal positions in the municipal service. Other restrictions related to the status of a deputy, an elected official may be established by federal law (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation ”, as amended by the Federal Law of August 22, 2004 N 122-FZ (SZ RF. 2002. N 24. Art. 2253; 2003. N 27. Art. 2711; 2004. N 35. Art. 3607, N 50. Article 4950, 2005. No. 27. Article 2708, No. 30 (Part I, Article 3104)).
The head of an organization can hold paid positions with another employer, but he needs to obtain permission from the authorized body of the legal entity or the owner of the property of the organization or a person (body) authorized by the owner (see part 1 of article 276 of the Labor Code of the Russian Federation).
Other restrictions are also established for the head of the organization (see part 2 of article 276 of the Labor Code of the Russian Federation).
Citizens undergoing alternative civilian service are not entitled to combine it with work in other organizations (see paragraph 4, clause 2, article 21 of the Federal Law “On Alternative Civil Service” dated July 25, 2002 N 113-FZ, as amended by the Federal Law No. 122-FZ of August 22, 2004 // SZ RF, 2002. No. 30. Article 3030; 2004. No. 35. Article 3607).
Features of regulation of part-time work for certain categories of employees are established by separate regulatory legal acts. Thus, the duration of part-time work in health care bodies of medical workers living and working in rural areas and in urban-type settlements is determined by Decree of the Government of the Russian Federation of November 12, 2002 N 813 (SZ RF. 2002. N 46. Art. 4595).
Features of part-time work of pedagogical, medical, pharmaceutical and cultural workers are determined by the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 (Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 8. P. 48).
8. In the employment contract with a part-time job, as well as in the order (instruction) on hiring him, it must be recorded that this work is a part-time job. This is an essential condition of the employment contract.
No permits are required for entering work in the order of external part-time employment, unless otherwise provided by law.
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