Working citizens, in their free time from their main job, can engage in other work that is regularly paid. This can be done either with another employer (external part-time job) or with your own (internal part-time job). Despite the fact that in the second case the employer remains the same, an employment order will still need to be issued, as well as a second employment contract. Let's figure out what the features of internal part-time work are and how to draw up an order for the employee hired.
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General information on the issue
The concept of part-time work is given in Art. 60.1 of the Labor Code of the Russian Federation, and the features of regulating the work of citizens working in this case are presented in Chapter. 44 of the Labor Code of the Russian Federation (Articles 282-288).
Such work can be done in your free time from your main job, under the terms of an employment contract (Article 282 of the Labor Code of the Russian Federation). That is, the employer enters into a second employment contract with an internal part-time worker, which specifies the nature of the work.
According to Art. 284 of the Labor Code of the Russian Federation there are restrictions regarding the time of part-time work: an employee should not be busy more than 4 hours a day and more than 20 hours a week. You can work a full day, but if at your main place of work it is considered a day off.
As for lunch breaks, an internal part-time worker (as well as an external one) may not be provided with time for food and rest if he works no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).
Part-time remuneration also has its own characteristics. It is carried out in proportion to the time worked; conditions specified in the employment contract; depending on output (Article 285 of the Labor Code of the Russian Federation). All kinds of premiums and regional coefficients must be taken into account. In terms of full working time, wages must be no lower than the minimum wage (letter of the Ministry of Labor dated June 5, 2021 No. 14-0/10/B-4085).
Important! Not everyone can work part-time. This cannot be done by minor workers; workers in harmful and dangerous conditions; judges and lawyers; members of the Government of the Russian Federation; employees of some government agencies.
Is it possible to receive bonus payments under an internal part-time contract?
According to Article 135 of the Labor Code of the Russian Federation, an employee’s remuneration is established by the terms of the employment contract, taking into account the remuneration system that the employer has in place.
The establishment of allowances, additional payments, bonuses and other various payments of a compensatory or incentive nature is carried out in accordance with the systems of additional payments and bonuses on the basis of the following documents:
- regulatory legal acts (for example, the Law of the Russian Federation “On State Guarantees...” dated February 19, 1993 No. 4520-1 regulates regional coefficients for citizens living and working in the Far North and equivalent areas);
- collective agreements and contracts;
- internal regulations of the employer.
Consequently, in the case when at least one of the above acts provides for a bonus for the labor function of a person working part-time, then he has every right, on a common basis with other employees, to receive this payment. That is, there can be more than one rate for internal part-time work.
The amount of the bonus for an internal part-time employee can be paid in one of the following ways:
- using the option of calculating wages under an employment contract, if the bonus is calculated based on the amount of the basic monetary remuneration (for example, as a percentage, taking into account the actual time worked).
- in accordance with the terms of the bonus system applicable to this employee.
To determine the maximum amount of payments for a person, the number of rates for internal part-time work that can be established for such a category of workers according to the Labor Code of the Russian Federation is important.
Registration procedure
For internal part-time work, the standard registration procedure applies:
- An employee writes an application asking to be hired for a position. The initiator can be either the employee himself or the employer.
- An employment contract is concluded with the employee, the second copy remains with the employee.
- The employer issues an order on hiring (on internal part-time work).
For your information! The order is drawn up in one copy, the employee will have to sign it. Information about the order must be entered into the administrative documentation register.
Entries about part-time work are entered into the work book only at the request of the worker.
Types of part-time jobs
Labor legislation divides part-time work into two types: internal and external.
- Internal part-time work is the performance by an employee of work for one employer, that is, the employee enters into an employment contract at the main place of work and a part-time employment contract with one employer.
- External part-time work is when an employee’s main place of work works for one employer, and part-time work for another.
The conclusion of a part-time employment contract is carried out with a mandatory indication that the work is part-time.
How to draw up an order for internal part-time work
The form for such an order recommended by law is T-1. It was approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. Since 2013, all unified forms are applied only at the request of the organization. She must record her decision on the choice of forms of primary documentation in the accounting policy.
Thus, the document can be drawn up in free form, observing the structure of this type of paper, if such a decision is made in the company. In this case, the organization’s letterhead is used for the order.
What needs to be indicated in the document:
- Name of the organization and other information about it. This information will be automatically inserted into the header of the order if it is created on company letterhead.
- The name of the document, its number, subtitle.
- Place (settlement) and date of drawing up the order.
- Basis for drawing up the order. Art. is indicated here. 60.1 of the Labor Code. You can also write about the need to solve any labor problems.
- Full name of the hired employee, the date from which he will begin work, position. It is imperative to note the fact of internal part-time work. If the employee is hired for a specific period, then you need to indicate it.
- The salary due to the employee, working hours, breaks for meals and rest. If necessary, indicate that payment is made in proportion to the time worked.
- The document providing the basis for leaving the order. The employment contract and its details are indicated here.
The order ends with the signature of the manager and employee. The latter signs that he has read the order.
Normative base
The order for registration of part-time employment refers to the primary personnel document. Such an order is formed on the basis of the data displayed in the specialist’s employment contract (TD). According to the legislation of the Russian Federation, part-time work can be internal and external:
- Internal - a part-time job is considered when a full-time employee of an enterprise occupies several vacancies at the same time.
- External part-time work is an additional placement in another company. At the same time, external part-time work cannot exceed 50% of the time from the main job (0.5 rate).
Note : The Labor Code of the Russian Federation prohibits part-time work for certain categories of workers:
- Minors.
- Civil servants.
- Workers exposed to hazardous working conditions.
The execution of a part-time order must comply with the regulatory framework of the Russian Federation, which presupposes:
- Formation of an order on a form (form T-1) approved by the State Statistics Committee of the Russian Federation in Resolution No. 1 of 01/05/2004.
- In addition, employment orders are regulated by Decree of the Ministry of Culture of the Russian Federation No. 558 dated August 25, 2010 “On approval of the “List of ... management ... documents, ..., indicating storage periods.”
- The order must be endorsed by the director of the enterprise and its contents must be communicated to the employee against signature - no later than 3 days from the date of commencement of work.
( Video : “How to get hired for a part-time job?”)
Order form T-1
The order for registration of a part-time worker is filled out on the standard T-1 form, which was approved by the State Statistics Committee of the Russian Federation in Resolution No. 1 of January 5, 2004.
This order is published only after the conclusion of a TD with a part-time partner. The administrative document must certainly contain a reference to the concluded TD, which is the basis for issuing the order.
The document at the legislative level must contain the following points:
1) Full name of the company or division, indicating details, including:
- Addresses.
- OKPO code.
- Document numbers.
2) Full name part-time worker
3) Job title.
4) Personnel number.
5) Type of TD (fixed or unlimited).
6) Job responsibilities, with reference to the job description.
7) Duration of the trial period.
Signatures of the director and hired employee.
Art. 68 of the Labor Code of the Russian Federation regulates that a part-time worker must be familiarized with the order no later than 3 days from the date of commencement of work at the enterprise. The part-time worker is obliged to sign the order, reflecting the date of familiarization with it.
Sample document
Limited Liability Company "StankoStroyMix"
ORDER No. 24-K
about hiring an employee
Perm
September 15, 2019
Based on Art. 60.1 of the Labor Code of the Russian Federation and in connection with the need to perform additional functions in accounting activities
I ORDER:
1. Hire Polina Sergeevna Karimova from October 1, 2019 to the position of junior accountant at StankoStroyMix LLC on an internal part-time basis. 2. To assign a salary of 24,000 (twenty-four thousand) rubles to the junior accountant of StankoStroyMix LLC, Karimova Polina Sergeevna, for the performance of these duties. Payment is proportional to time worked. Opening hours: from 16:30 to 21:00, break for rest and food 30 minutes: from 18:00 to 18:30.
Reason: employment contract dated September 15, 2019 No. 68-R.
Director Kolpin / Kolpin S.V.
Karimova / P.S. Karimova has been familiarized with the order.
Documents for hiring part-time jobs
Article 283 of the Labor Code of the Russian Federation establishes a list of documents that must be submitted by an applicant for a part-time job.
Such documents include:
- identification document of the applicant,
- a document confirming professional suitability , that is, diplomas and other documents indicating that the applicant has the appropriate knowledge and qualifications necessary to perform part-time work: a certificate of basic general education,
- certificate of secondary general education,
- diploma of secondary vocational education,
- Bachelor's degree,
- specialist diploma,
- master's diploma, diploma of completion of postgraduate study, residency, assistantship-internship,
- certificate of advanced training or diploma of professional retraining,
- certificate of worker's profession, employee position, etc.,
The employee is not required to present registration at the place of residence, tax identification number and other documents not provided for by labor legislation.
