According to the law (Labor Code of the Russian Federation), an employee is not required to work only one job. If desired, he can find a part-time job in his free time from his main job. Such a part-time job will be a part-time job. In this case, a separate employment contract is concluded with the employee. Moreover, a part-time contract is drawn up, even if the employee additionally works in the same place where he is employed at his main place of work. In this article, we will look at the features of a part-time employment contract, the main restrictions and conditions that must be reflected in it, and also provide a sample of filling out a 2021 employment contract with a part-time worker, which can be downloaded for free.
Also see:
- Is it necessary to take SZV-TD for part-time workers (internal and external)
- Employment contract with an external part-time worker: example 2020
What is part-time work
The Labor Code of the Russian Federation considers part-time work as an employee performing other regular paid work under the terms of an employment contract in his free time from his main job (Article 282). In this case, combination happens:
- internal - when an employee is employed by one employer both at his main place of work and part-time;
- external - the employee works at his main place of work and for another employer.
How to get a part-time job
Both external and internal part-time jobs are formalized with a separate employment contract and employment order. These documents must clearly state the work schedule of such an employee.
When hiring a part-time job, the employee must be asked for the same documents as for hiring the main job, except for the work book (Article 283 of the Labor Code of the Russian Federation).
It is not necessary to write an application for admission to a part-time student . But at the request of the employer, it can be attached to the main documents.
Sometimes other documents may also be required from the part-time worker. In particular:
- a certificate stating that his main work is not hard (harmful or dangerous) if he is hired for hard work or work with harmful (dangerous) working conditions (Article 282 of the Labor Code of the Russian Federation);
- a certificate stating that he does not work at his main place of work as a driver if he is hired for the same position (Article 329 of the Labor Code of the Russian Federation);
- permission for part-time work received from the general meeting of participants of the organization (board of directors) where he works at his main place of work - if the head of another organization is hired (Article 276 of the Labor Code of the Russian Federation).
Part-time work may not be included . does not prohibit this : if the employee wishes, the employer must make an entry in the work book.
An external part-time worker is registered by the employer at the main place of work on the basis of an order for employment as a part-time worker (Article 66 of the Labor Code of the Russian Federation).
But it is mandatory . Moreover, even if the employee wrote an application to retain a paper work record book.
How to write an application
There is no legally prescribed form for a job application, so it is written in free form, following the rules for drawing up such documents. It is necessary that the application contain a header and a body that includes a request for employment.
In the header you must indicate the position and full name of the employer, the full name of the citizen applying for a job, his passport details and place of registration. The latest information is not always required.
Next, the text of the application itself begins: they formulate a request, indicate the desired position and the date from which work is expected to begin. Then indicate a list of documents or their copies attached in the paper. The document is completed with the date and signature of the citizen.
For your information! The list of required documents is presented in Article 282 of the Labor Code of the Russian Federation.
Features of an employment contract with a part-time worker
An employment contract for part-time work must necessarily include all the conditions provided for by labor legislation.
Among the main features of a part-time employment contract are the following:
- The law does not prohibit part-time employment in the same position as the main place of work.
- The employer must set part-time .
- The contract must state that the employee is a part- time worker (it is not necessary to indicate what kind of part-time worker he is - internal or external) (Part 4 of Article 282 of the Labor Code of the Russian Federation).
- A part-time employment contract can be fixed-term if both parties agree to this (the period for which the contract is concluded must be specified).
- The contract may provide for a probationary period (if the employer wishes).
- A separate paragraph must include information about the remuneration of a part-time worker.
- The employer does not have the right to stipulate in the contract that the employee cannot work in other organizations. Indeed, in accordance with the law, the number of employers cannot be limited. And the contract should not indicate conditions that worsen the employee’s situation.
Part-time work schedule in the employment contract
When hiring an employee, the employer is obliged to inform him about the work schedule, since the employee must know what days are his days off. Therefore, if an employee has the opportunity to work full-time for some days, it is advisable to immediately inform the employer about this and stipulate this in the employment contract. However, if the employee learned about this possibility after signing the employment contract, it can be supplemented by drawing up an annex to it indicating a new work schedule - more convenient for the employee.
There are restrictions on working hours during which a part-time employee must perform his or her job duties. In general, this is no more than 4 hours a day . However, there are no minimum restrictions . That is, a part-time worker may well work only 1 hour or two a day.
Due to restrictions on working hours, special attention paid to drawing up a work schedule for a part-time employee.
EXAMPLE
When hiring employee Alexander Pavlovich Grigoriev, he will have a 5-day working week. That is, he will work for 5 days and rest for 2 days. If the accounting period is 1 week, then Alexander Pavlovich’s working hours should be no more than 20 hours per week. However, it is not at all necessary for Alexander Pavlovich to work exclusively 4 hours a day. He can work one day for 8 hours (for example, on Monday, because on that day he has a day off from his main place of work), and another - 2 hours. That is, it is not necessary for a part-time worker to work the same number of hours every day. But it is important that during the established accounting period the part-time worker does not exceed half the standard working time (Part 2 of Article 57, Part 1 of Article 284 of the Labor Code of the Russian Federation).
If a person works part-time in several different companies, his employers are not obliged to adjust his work schedule to each other. individually at each workplace .
in detail in the contract if it does not coincide with that established for the majority of the organization’s employees.
If the work schedule for part-time employees is specified in the labor regulations, then it does not need to be specified - it is enough to make a reference to them (part 2 of article 57, part 1 of article 100, part 4 of article 189 of the Labor Code of the Russian Federation ).
A break for rest and food is considered optional for part-time workers if their working day is less than 4 hours . But if a part-time worker sometimes works full time, when he is free from his main job, a break is necessary: it should be from 30 minutes to 2 hours a day (Part 1 of Article 108, Article 284 of the Labor Code of the Russian Federation).
also important to include in the employment contract with a part-time employee a provision for annual paid leave . In this case, the employer must take into account the requirements of Art. 286 of the Labor Code: in particular, that the vacation of a part-time worker must coincide with the vacation at his main place of work.
Part-time worker: restrictions and conditions in the contract
The peculiarities of such an entity as part-time work are necessarily reflected in the employment contract. It must be concluded in writing and in two copies - one is given to the person, the second is stored in the personnel department of the organization.
These features are:
Firstly, part-time work is regular and paid work, and a separate employment contract is concluded with the employee. The contract must clearly indicate that it is being concluded with a part-time partner.
Secondly, there are restrictions on working hours. It cannot occupy more than half the working day of an employee for whom similar work is the main one. That is, no more than 4 hours a day with a standard working day, no more than half the standard hours per month if it is shift work. The exception is shifts (days) when a person is free from his main job - on such days he can work as a full-time part-time worker.
Thirdly, the remuneration system for such workers is based on the same principles as for others, but adjusted for the number of working hours. They are guaranteed by law all the allowances and concessions established for different categories of beneficiaries. So, in terms of social protection, the company is obliged to pay part-time workers the same attention as all other employees. This applies to sick leave, labor protection, bonus systems and other issues that are established both in the laws of Russia and in the local documents of a particular company.
Fourthly, such employees have the right to leave. Moreover, they must be granted this leave simultaneously with leave from their other, main job. It does not depend either on the company’s vacation schedule or on the specific seasonal need for such an employee. And even if the part-time worker has not worked for another 6 months, he must be granted leave in parallel with his main job in advance.
And finally, a child under 18 years old cannot become a part-time worker.
Who cannot be hired for part-time work?
The Labor Code provides for restrictions on part-time work (Articles 282, 329 and 276 of the Labor Code of the Russian Federation).
Thus, the following cannot be hired as part-time workers:
- minors (under 18 years of age);
- state and municipal employees;
- persons at work with harmful (dangerous) working conditions - if they already work under the same conditions at their main place of work;
- persons in work directly related to driving vehicles or controlling the movement of vehicles - if they are already working under similar conditions at their main place of work;
- military personnel (exceptions: teaching, scientific and creative activities, if they do not interfere with the performance of military duties);
- security guards - in relation to public service and paid work in public associations;
- judges, lawyers, prosecutors (exceptions: teaching, scientific and creative activities);
- heads of organizations (without permission for part-time work received from the general meeting of participants of the organization/board of directors where they work at their main place of work).
The procedure for hiring an internal part-time worker
Hiring an internal part-time worker generally follows the standard procedure:
- The employer receives an application for internal part-time work from the employee.
- The employer must familiarize the employee with the internal labor regulations. This is done before signing the employment contract and regardless of the fact that the employee was already familiar with these rules when hired for the main job (Part 3 of Article 68 of the Labor Code of the Russian Federation).
- The employee provides the employer with the necessary documents. When working internally, there is no need to resubmit documents, copies of which the employer already has . But in some cases, an employee may need an education confirming special knowledge (for example, if the main employee is hired additionally for a position that requires other qualifications).
- A separate employment contract for internal part-time work is concluded between the employee and the employer The condition of part-time work must be separately stated in the contract (Part 4 of Article 282 of the Labor Code of the Russian Federation).
- The employer issues an order to hire an employee with reference to the employment contract. It also needs to emphasize that this is an internal part-time agreement.
- The employer reflects information about hiring an internal part-time worker in the information on labor activity (Part 2 of Article 66.1 of the Labor Code of the Russian Federation).
- The employer makes a note about the part-time job in the employee’s paper work book (if the internal part-time worker has expressed such a desire).
When hiring an internal part-time worker, one must not forget that, in accordance with the law, some categories of persons cannot work on a part-time basis. In particular, this applies to:
- minors (under 18 years of age);
- state and municipal employees;
- persons who are already employed in a position with harmful (dangerous) working conditions, and similar conditions will apply to part-time positions;
- drivers and persons associated with driving vehicles - if the position at the main place of work directly related to the same type of activity;
- military personnel, judges, lawyers, prosecutors (does not apply to teaching, science and creativity, if this does not interfere with the main work);
- security guards - in relation to public service and paid work in public associations.
What should a part-time employment contract be like: an example
Many people are interested in whether it is possible to download a ready-made part-time agreement (sample), change the details of the part-time partner and employer in it, and print it out? Theoretically, yes, this is quite possible. However, no sample part-time employment contract can provide for all the nuances of employment that are important for each specific employer and employee. Therefore, before using a ready-made sample contract, you need to carefully re-read it and pay attention to all the features of employment.
The greatest attention should be paid to information about the work schedule , if the part-time worker has it different from the one established for the majority of the organization's employees. You also need to double-check that the contract indicates that the employee is a part-time worker.
According to the standard, an employment contract with a part-time worker is concluded in 2 copies, each of which must be signed by the employer and employee. On the employer's copy, the employee must sign that he has received his copy of the employment contract.
The standard form of such an agreement is suitable for micro-enterprises and if the employer has completely or partially refused to accept local regulations.
Next, from our website you can download a free employment contract (sample 2021) for an external part-time worker:
SAMPLE EMPLOYMENT AGREEMENT ON EXTERNAL PARTNERSHIP
Below you can download an agreement for an internal part-time worker (sample 2020):
SAMPLE EMPLOYMENT AGREEMENT ON INTERNAL PARTNERSHIP
And here is the employment contract with the part-time director (sample 2020):
SAMPLE EMPLOYMENT AGREEMENT WITH A PART-TIME DIRECTOR
Termination of an employment contract with a part-time worker
The procedure for dismissing part-time workers is generally similar to the procedure for dismissing employees who are employed under the main employment contract. But there are also some peculiarities.
The following stages of dismissal of a part-time employee can be distinguished:
- Upon dismissal as a result of staff reduction or the hiring of an employee for this position, for whom this work will be the main one, the part-time employee is sent a notice of termination of the employment contract. When dismissing an employee at his own request, there is no need (the basis will be a resignation letter from the employee).
- The employer issues a dismissal order.
- The notice of dismissal is entered into the personal card of the part-time employee.
- At the request of the part-time worker, a record of dismissal is made in his work book.
The legislation does not establish the employer’s obligation to make a record of employment as an external or internal part-time worker in the work book (clause 20 of the Rules for maintaining and storing work books, producing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225) . Therefore, information about part-time work (hiring and dismissal) is entered into the work book solely at the request of the employee. At the same time, they make a clarification that we are talking specifically about part-time work.
The dismissal stages are identical for internal and external part-time workers. The only difference is in the procedure for making an entry about employment and dismissal in the employee’s work book. Difficulties in this case may arise for an external part-time worker, because his work book is kept by the employer at his main place of work. Therefore, a record of employment and dismissal can be made by the employer at the main place of work. To do this, the employee must contact him with a request (preferably in writing ) and provide an order for dismissal from his second job.
Notice of termination of the contract with a part-time partner
The form of notification of termination of an employment contract with a part-time worker is arbitrary (there is no normative one). It is sent to the employee at least 2 weeks before dismissal.
The notification must indicate:
- FULL NAME. and part-time position;
- notice of dismissal;
- date.
Further on the link you can see notifications of termination of the contract (dismissal) with a part-time worker:
NOTICE OF TERMINATION OF AN EMPLOYMENT AGREEMENT WITH A PART-TIME WORKER
The order of acceptance to work
An employer can issue an order to hire a driver using a special T1 form, but has the right to use an order of its own form .
In the latter case, it is necessary to include in the order such information as: last name, first name, patronymic of the employee, name of the department, position, probationary period (if any), salary amount, date/number of the employment contract on the basis of which this order is drawn up.
Then the order is signed by the director, and within 3 days the new employee must be familiarized with it. At the end of the order the driver must put his signature.
Sample order:
The HR specialist must familiarize the employee, against signature, with the instructions on labor protection, internal labor regulations, regulations on material incentives for employees and the use of his personal data, etc.
Results
Each employee has the right to work part-time. Such work is formalized in the same way as the main one - with an employment contract.
The contract must clearly state that it is concluded with a part-time partner.
Russian labor legislation provides for a number of features regarding the registration of employment of a part-time worker, which must be formalized in the employment contract. For the most part, these features relate to technical details - working time and rest, work schedule, and wages.
Let's sum it up
Employment contract for external part-time work:
- is concluded for each part-time job;
- must contain an indication that the work is performed externally;
- reflects a work schedule of no more than 4 hours a day, with the exception of days on which a person is free from his main job (general schedule - no more than 50% of the monthly time limit for employees of the corresponding category);
- reflects the employer’s ability to terminate an employment contract with a part-time worker if a temporarily absent employee takes his place;
- reflects the part-time worker going on vacation simultaneously with vacation from his main job (or on vacation at his own expense - by the number of days that vacation from his main job exceeds vacation from his part-time job).
