How many rates can you expect when working part-time?

Work for 2 rates labor code

There are two types of part-time work:

• Internal. An employee works at one company, but at the same time performs different functions. In employment agreements, the same organization acts as the employer. The option is quite simple to design and comfortable for both parties. A person actually has one place of work, but performs several job functions. There are also no difficulties with registering a work book, since it is stored in both work options in one place. Another advantage is that there is no need to re-assemble the package of necessary documentation; the employer can independently make duplicates of the necessary papers.
• External. In this situation, the employee enters into two employment contracts with different companies. Accordingly, the workplaces will be located at two different addresses. This option is much more complicated than the first and requires separate paperwork for employment. Yes, and there may be problems with granting sick leave or vacation.

The current legislation of the Russian Federation allows both options for combining activities, so the right to choose remains with the employee.

What does the law say? According to the provisions of Art.

Of course, if your main job allows it, then you can burden yourself with other responsibilities.

Please note that you can perform additional tasks exclusively in your free time. Therefore, you can go to additional work on weekends and holidays.

If time allows, then you can perform duties immediately after a working day.

It is also worth considering the following points:

1. In order for an employee to get a part-time job, he needs to have a main job.
2. Daily additional work cannot be longer than 4 hours.
3. You will have to sign a separate employment contract, which will say that the person is a part-time worker.
4. A person has the right to all guarantees and payments that are provided in a particular organization.

According to the Labor Code of Russia, the concept of part-time work means that a person performs another officially paid job, moreover, on a regular basis, carried out in his free time (from his main job).

Very comfortably. Reality How does everything work out in reality? Is it possible to officially work two jobs? We have already found out that such a possibility exists by law.

Attention

But not everyone agrees to it. If your employer hires you as a part-time employee, do not be afraid to speak up about your rights and his responsibilities. The point is that in practice, working with combination is no different from the main one.

That is, they require backbreaking work from you, which is sometimes even much more expensive than at your main job.

The schedule is not being followed. Especially if you work part-time on your day off.

Most often you can get a job at half the rate, but it can be less depending on the situation.

Please note that a person can work on weekends and holidays for more than 4 hours. Consequently, they will begin to charge the full rate, but only for this day. Therefore, questions may arise regarding the calculation of wages, since a person will work for different amounts of time.

The accounting department does the calculations, but often there is a desire to independently determine the amount of the salary. A person may want to control the accrual, or find out in advance how much money he will receive. The calculations are easy to do if you know how to do them.

For your information, the peculiarities of interaction between an employee and an employer are contained in Chapter 44 of the Labor Code of the Russian Federation. An increase in the total volume of part-time workload should not interfere with the performance of activities at the main place. The law does not set a limit on the number of times a person is entitled to devote to an additional position.

Info

However, Article 284 of the Labor Code of the Russian Federation reflects the period of time that an employee can work without damaging his main activity. The period is half the standard working day - 4 hours. The law does not prohibit working more if a person is free from his main activity.

Important

Considering the low level of wages in some industries, many of our compatriots strive to find a part-time job in addition to their main job. However, some people may wonder whether there are restrictions in terms of part-time work, how this is regulated, and in what cases this is possible. It is important to understand that today it is especially important to work officially under an employment contract, since this is the only way to be sure of your legal protection, as well as the required contributions to the pension fund.

What does the law say? According to the provisions of Art. 282 of the Labor Code of Russia, the concept of part-time work means that a person performs another officially paid job, moreover, on a regular basis, carried out in his free time (from his main job).

You can pay as follows:

1. For hours actually worked.
2. For the quantity of goods or products made. In this case, piecework payment is applied.

Working hours when employing an employee at 0.5 rate

author of the answer,

Question

We are hiring an employee at 0.5 rate, working day from 09.00, lunch from 13.00. How to correctly specify the working hours in an employment contract? Should I indicate lunch time?

Answer

When hiring an employee at 0.5 rate, the employment contract with him must state that:

1) the employee is assigned a part-time working schedule and indicate the duration (for a fragment of the approximate execution of an employment contract, see the Justification);

2) the employee is paid in proportion to the time worked (except for cases when his work is paid by the piece).

Currently, internal labor regulations or an employment contract may stipulate that a lunch break may not be provided to an employee, since the duration of daily work (shift) established for him does not exceed four hours.

Rationale

Part-time work means that the employee works part-time and is paid in proportion to the time worked.

Part-time work is working time, the duration of which is less than the standard working time established for a given position (profession) in your institution.

Part-time working hours can be set as follows:

- part-time work - for example, six hours;

- part-time work - for example, working eight hours a day, three days a week;

- mixed part-time work - for example, working four hours a day and three days a week.

Any employee can be hired on a part-time basis if he agrees to this (Article 93 of the Labor Code of the Russian Federation).

The employment contract must state that (Article 57 of the Labor Code of the Russian Federation):

1) the employee is assigned a part-time working schedule and indicate the duration;

2) the employee is paid in proportion to the time worked (except for cases when his work is paid by the piece).

Possible wording of an employment contract for part-time work

The employee has the following working hours:

— working week – five days, from Monday to Friday inclusive, with two days off (Saturday, Sunday);

- duration of daily work - 4 hours, from 09:00. until 13:30;

- break for rest and food - 30 minutes in the period from 12 hours to 12 hours 30 minutes.”

Remuneration is made in proportion to the time worked, based on a salary of 30,000 rubles per month.” According to Part 2 of Art. 93 of the Labor Code of the Russian Federation, when part-time work is established, remuneration is made in proportion to the time worked or depending on the amount of work performed.

In the employment contract, the salary is indicated in full according to the staffing table based on the full rate, and the employee will receive a salary in proportion to the time worked.

From June 29, 2021, employers can leave without lunch those who work no more than 4 hours a day ( Article 108, “Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (as amended on June 18, 2017) {ConsultantPlus} )

This possibility must be enshrined in employment contracts or PVTR.

Thus, internal labor regulations or an employment contract may stipulate that an employee is not given a lunch break, since the duration of daily work (shift) established for him does not exceed four hours.

Please note that an employee who is assigned a part-time rate is entitled to the same benefits and guarantees as an employee with normal working hours, including vacations, sick leave benefits, maternity benefits, child care benefits, etc. (Article 93 of the Labor Code of the Russian Federation, Letter of Rostrud dated 04/01/2015 N PG/23357-6-1).

Procedure and nuances of design

Depending on the employment with additional work responsibilities, a person can receive 0.1, 0.2, 0.3 or half the rate.

The amount of payment is fixed in the contract, while the employer takes into account time restrictions (no more than four hours daily and no more than 20 hours every week). Two payment procedures can be established:

• for hours actually worked;
• for the quantity of products or goods produced (the so-called piecework payment).

More often, the first option is chosen as it is more convenient and understandable for both interested parties.

A person works in different organizations, but can perform similar duties. For this to become possible, certain conditions must be met:

• The employee must have a primary place of work.
• Responsibilities from an additional place of work must be performed in free time from the main one.
• An employment contract must be concluded with the additional employer, regulating the rights and obligations of the employee.

The salary amount is fixed in the employment contract, even if the person works as a part-time worker.

• The salary of such an employee depends entirely on the time he actually worked. Half the rate is established for workers who work at least four hours daily.

  Also, an employee can work two or three hours, but at the same time he will receive a lower salary.

• A person who is a part-time worker has the right to take annual leave, receive paid sick leave, as well as accrued bonuses or other incentive payments on the same basis as other employees of the enterprise, organization or institution.

An employee must register for his first (main) job in the same way as for any other:

• An employment contract must be drawn up, which will indicate everything significant for the job: the rights and responsibilities of the employee, bonuses and benefits that he can claim, social guarantees that the employer undertakes to provide him, cases in which the employment contract will be terminated.
• The employee must be familiar with the list of duties that he undertakes to perform, against his signature.
• An employment order must be issued.
• Based on the order and labor agreement, an entry must be made in the work book, which must subsequently be kept in the personnel department of the enterprise until the employee is dismissed.

When applying for a part-time job, an employee can no longer provide the employer with a work book (it makes no sense to keep two of them). Therefore, he must have with him:

• An identification document is usually a passport.
• Diploma of education.
• A certificate from the main place of work, which will indicate its nature and basic important information.

When all documents are provided, registration proceeds according to the usual procedure:

1. The parties sign an employment contract with all the necessary information, in which they additionally indicate that for the employee this is a part-time job.
2. The employee reads the list of duties and signs that he has read and understood everything.
3. Based on the agreement, an order is issued to enroll the person on the staff.

Since the work record remains with the main employer, only the worker himself has the right to decide whether to enter information about his second job into it, or whether he does not need it.

If he decides that a mark is needed, he should provide the HR department at the place of his main employment with several documents from his part-time job:

• Order on enrollment.
• Employment contract.
• Application with a request to enter information into the book.

In general, registration requires more time than for one place of employment. It also has some nuances:

• There are two ways to determine which job will be your main one: By time of employment. Whichever job the employee was enrolled in before is the main one.
• By the number of working hours. Whichever job a person works the most is the main one.

If you are interested in what the list of LLC members looks like, read this article. How to correctly fill out a notice of liquidation of a legal entity - see here.

Setting up a part-time work schedule in 1C:ZUP

In the personnel accounting settings, check the box “Using part-time work”

. Under this condition, the program can:

• work with incomplete staff,
• draw up part-time work schedules,
• hire part-time employees.

We create a work schedule in the section “Settings” - “Employee work schedules” - “Create”

.
In the “Name”
, enter the name of the chart.
Please note: this name will be displayed in orders, for example, about hiring. In the “Year for which the work schedule is displayed”
, indicate the working year for which we will fill out the data.

Pay attention to the checkbox “Automatic update according to production calendar”

. If it is, the program automatically updates the annual schedule when the production calendar changes. Even despite manually filling out the schedule. For example, when a holiday or non-working day was introduced into the production calendar.

To configure the chart filling, click on the link “Change chart properties...”

. As a result, the “Work schedule setup” form will appear. Our table will tell you how to work with it.

Fill out the form “Setting up a work schedule” in “1C: ZUP”

We complete the work schedule settings and automatic filling of the calendar - click the “OK”

and
"Record"
.

Is it possible to officially work two jobs and is it legal?

In a part-time job, vacation is given simultaneously with rest from the main job. If at the time of receiving leave the employee has not yet worked part-time for the required six months, it is given to him in advance. If the duration of rest at the main job is longer than at the additional job, the employee is given several unpaid days, during which he can continue to rest in order to return to work at the same time.

• Sick leave. The benefit is paid to the employee if he has already worked for these employers for two years. If someone works for less time, sick leave is paid only for the main job.
• Decree. If a woman goes on maternity leave, she can count on deductions from all places of work if she has worked there for more than two years.

Number of bets when working part-time

These are obligations on the part of the employee such as the fulfillment of all the framework provided for by his job duties, and on the part of the employer the payment of wages, benefits and compensation. As well as payment for vacation and temporary disability. At the same time, a note is made in the employee’s work book that he works part-time at the second place of work.

There must be such a mark. But issuing a second work book is illegal. There is an article about this in the Labor Code of the Russian Federation. What conclusion can we draw from what we have learned? You can officially work at several jobs. But such work with the status “officially” has a number of restrictions, without which you can break the law.

Additional work activity is divided into two types. Each has its own characteristics that need to be kept in mind.

Therefore, a person can devote less than 4 hours to these tasks, but then the salary will be less.

How many bets are allowed?

Labor legislation does not establish any restrictions on the number of additional jobs.

Employment is allowed both at half the rate and work for only an hour a day at 0.1 rate. Thus, a person can work simultaneously at four additional workplaces.

When applying for additional employment, the official status of the employee should be taken into account first of all, since only in this case will he have the rights to all social guarantees, payments and benefits (if any are provided for by law for a specific category of working citizens).

What does the law say?

Official employment in several jobs is not a violation of the law. First, you need to get a job in an organization that will be considered your main workplace. Activities at the second enterprise are considered part-time work.

The division between the two services into primary and secondary employment is divided depending on how long you are in a particular job. The organization where the employee spends most of his working time is considered the main one.

The possibility of part-time activities is prescribed in Art. 60.1 of the Labor Code of the Russian Federation. This type of service is regulated by Chapter 44 of the Labor Code of the Russian Federation. It contains:

• Basic rules for part-time work;
• List of required documentation for an applicant for a vacant position;
• Length of working day;
• Payment nuances;
• The procedure for registering and paying for sick leave, vacation or maternity leave;
• What guarantees are provided to a part-time worker?
• The dismissal procedure and its features.

The employment contract with the employee must specify the type of activity: main job or as a part-time worker. The number of combined contracts for one employee is unlimited.

The possibility of part-time work, that is, working in an additional place in the time free from main duties, is provided for by Article 282 of the Labor Code.

In this case, additional activities are carried out exclusively in free time (after main work or on weekends, holidays).

The main conditions for part-time work are listed in Article 44 of the Labor Code:

1. The employee has a main workplace where he works.

with the same employer (internal part-time job) and (or) with another employer (external part-time job).

Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Article 151 of this Code).

Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions).

The Labor Code of the Russian Federation interprets part-time work as “performing other regular paid work under the terms of an employment contract in free time from the main job” (Article 282).

Internal part-time work involves working in two positions in one company, outside the main working hours and always in a different specialty. That is, it will not be possible to work part-time, for example, in two accounting positions from 9.00 to 18.00.

Combining two identical positions at different working hours is also not possible with internal part-time work. This is called overtime and should be paid in a completely different way.

It is also not part-time work to perform different functions in parallel throughout the working day.

Info

This leads to problems, and, first of all, the employer will have to answer before the law.

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Labor disputes » Can a budget institution hire an employee for 2 or 3 part-time positions?

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A budgetary institution hires an employee at 0.5 times the salary as a caretaker (main place of work).

Question:

Can it accept him for two other part-time jobs (0.5 st. assistant kindergarten teacher and 0.5 st. janitor). In fact, the employee has the opportunity to perform all duties during the day.

Lawyer's answer

According to Art. 284 of the Labor Code of the Russian Federation, the duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

The restrictions on the duration of working hours when working part-time, established by part one of this article, do not apply in cases where the employee has suspended work at his main place of 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.

Art. 284, “Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (as amended on April 1, 2019) {ConsultantPlus}

Thus, the working time of a part-time worker can be more than four hours a day (Article 284 of the Labor Code of the Russian Federation) only in the following cases:

- a part-time worker is free from his main job. The total duration of work during the accounting period cannot be more than half of the standard working time during the accounting period established for the corresponding category of employees;

- a part-time worker has suspended work at his main place of work;

- a part-time worker has been suspended from work at his main place of work.

Guide to HR issues. How to hire {ConsultantPlus}

Based on the foregoing, we believe that an institution cannot hire an employee for two positions at 0.5 rates, since in general the length of working time on a part-time basis will not be equal to half the standard working time, which directly contradicts Art. 284 Labor Code of the Russian Federation.

Selection of documents:

Question: An employee is employed by an organization for two part-time positions at once. Does an employer have the right to set an employee a four-hour working day with a five-day week for each position? (Expert Consultation, 2015) {ConsultantPlus}

Question: Does an educational institution of additional professional education (advanced training) have the right to hire one teacher on a part-time basis for two different positions at 0.5 rates each? (Expert Consultation, 2011) {ConsultantPlus}

The explanation was given by Igor Borisovich Makshakov, legal consultant of LLC NTVP Kedr-Consultant, May 2019.

When preparing the answer, SPS ConsultantPlus was used.