Part-time worker: five pressing issues

Labor legislation does not restrict an employee who wants to earn additional income. In addition to his main place of work, he can arrange an external part-time job in another company. Article 282 of the Labor Code of the Russian Federation states that an employee can enter into employment relationships with an unlimited number of employers. At the same time, there are categories of workers for whom external part-time work is prohibited. We will talk about the peculiarities of work and rest for external part-time workers, payment of sick leaves to them and registration of labor relations with them.

In another article you can find out how to transfer an external part-time worker to your main place of work without dismissal.

What is the difference between part-time and combination ?

How to register an external part-time worker

An external part-time worker, when applying for an additional place of work, provides the personnel service only with a passport, a document confirming his educational and qualification level, or a certified copy thereof. If he gets a job with dangerous or harmful working conditions, he provides a certificate that he does not have such conditions at his main job (Labor Code of the Russian Federation, according to the text of Article 283). He does not have to present his work record book: the document is stored at his main place of work.

What length of working hours can be provided for by the working hours of an external part-time worker?

At the request of a citizen, the personnel service draws up an employment agreement, an employment order, and a personal card. The length of service may not be reflected in it, since the personnel service does not have the citizen’s work book on hand. If at some point we are talking about paying for sick leave for a part-time employee, such information will be necessary. It is advisable to enter them on the basis of a copy provided by the main employer

An entry in the work book is made at the request of a part-time worker, usually in the main company where he works. The nature of the work, position, number of the part-time order are entered. For this purpose, a copy of it is issued at the place of part-time work.

Work time

An external part-time worker is permitted by law to work part-time only if it does not exceed half the rate or four hours a day (Article 284 of the Labor Code of the Russian Federation). The legislator calculates based on the time spent at the main job – 8 hours. It is risky to give a part-time worker the opportunity to work full-time, even if he has a vacation at his own expense at his main place of work. Overtime hours (in this case, this is time exceeding 1/2, 1/4 rates established by the contract) are paid as overtime. For external part-time workers, irregular working hours are completely prohibited.

How to reflect in accounting the payment of sick leave to an employee working on an external part-time basis?

On the days preceding official holidays, an external part-time worker may work 1 hour less. If this hour is his daily working time, he can be absent from work and expect to be paid.

An external part-time worker can work full time on some days if he is free from his main responsibilities (day off, vacation, time off). Let us emphasize that the speech in Art. 284 of the Labor Code of the Russian Federation deals with individual days, and not with continuous work. Even under these conditions, the working time fund of a part-time worker should not exceed 1⁄2 of the main one per month.

How to formalize the dismissal of an external part-time worker at his own request ?

The restrictions are lifted if he stopped working at his main job for a number of reasons (Labor Code of the Russian Federation, Articles 142, 73):

• the employee is not paid for more than half a month;
• he is suspended from work due to illness (a medical report is provided at the place of work).

Salary, vacation, sick leave

IMPORTANT! A sample employment contract with an external part-time worker from ConsultantPlus is available here

Payment for working and non-working time of part-time workers is a topic of concern not only to the workers themselves, but also to HR officers and accountants. There are quite a lot of nuances in it.

Wage

Remuneration for external part-time workers is carried out on the terms provided for in the staffing table for a specific position. Infringement of rights by reducing pay on the basis that the employee is a “stranger” is not allowed. Payment can be hourly, for the volume performed, or based on salary. The salary is fully included in the contract; in addition, the conditions must be included that payment is made in accordance with the time worked.

Sick leave

Sick leave for an external part-time worker is paid according to the norms of Federal Law No. 255 of 12/29/06. Receipt of sick leave payments for an external part-time worker depends on whether he worked in the same organizations as in the current year, the two previous years:

1. If he has not changed his place of work during the calculation period of 2 years, he has the right to receive two sick leaves at the clinic. One is presented at the main place of work, the other - at a part-time job. Each sheet must be paid for.
2. If during the billing period a citizen worked in companies other than the current year, he selects any of the current employers and presents a sick leave certificate for payment. When calculating, all certificates from places of work for the previous two years must be taken into account. One sick leave certificate is issued. The other employer is presented with a copy of the document as proof that the employee was absent for a valid reason.
3. If some of the employers have remained the same since the previous billing period, and some of the citizen has new places of work, he can do two things: apply to one of the current places of work or present a sick leave certificate for each current place of work. In the first case, he must be given one document for payment, and in the second - according to the number of places of work.

At the same time, the legislator does not establish which employer, in appropriate cases, the employee should contact first - the main or “additional” one.

Vacation pay

Vacation payments for external part-time workers also have nuances. Labor Code of the Russian Federation, art. 286, says that leave for the main and non-main places of work is granted to a citizen simultaneously. In practice, the situation often causes controversy. Is such use of rest time a right or obligation of the employee? In other words, does he have the right to take leave from different places of work at different times? Until now, there is no clear answer to this question.

The Federal Service for Labor and Employment (letter No. 1248-6-1 dated 8/05/09) states that a part-time employer has no reason not to provide leave simultaneously with leave from the main employer. At the same time, the employee may not report that he is going on vacation with the main employer (for example, he does not want to combine two vacations); he does not have such an obligation, therefore, the second employer will not know about him.

At the same time, it should be taken into account that the Labor Code of the Russian Federation does not have a rule allowing an external part-time worker to be denied leave on the grounds that he did not provide documents on leave from his main job and did not take advantage of the right to rest in two places at the same time. Thus, granting leave to an external part-time employee at a time other than the leave for the main job may take place.

Despite the fact that regulatory authorities interpret the provisions of Art. 286 of the Labor Code of the Russian Federation, as a rule, literally, there are court decisions confirming the right of external part-time workers to take leave at different times (app. determination of the Tomsk Regional Court No. 33-3607/2014 dated 12/16/14).

If a part-time worker wants to go on vacation at the same time from all places of work, but his part-time vacation duration is shorter, it is necessary to apply for leave without pay. If a part-time employee does not yet have the right to leave (has worked for less than six months), he needs to advance this leave (Article 286 of the Labor Code of the Russian Federation).

An employee can confirm his right to leave from another employer by presenting from his main place of work:

• HR service certificate;
• extract from the vacation schedule;
• extract from the vacation order.

On a note! By the time the vacation schedule is drawn up, an external part-time worker may not always know when he will have vacation from his main job. In this case, the vacation dates are not indicated in the schedule of the second employer. The note makes a note that the employee is an external part-time worker.

Part-time worker: five pressing issues

In the summer of 2021, workers’ interest in part-time work increased by 1.5 – 2 times. Accountants and HR officers are increasingly having to hire external part-time workers.

Previously on the topic:

Combination and part-time work – what is the difference?

Question 1: Is the employee required to notify the main employer that he is working in another place on a part-time basis?

An employee is not required to notify his or her primary employer that he or she is working elsewhere. There is a small category of workers for whom there is an obligation to report the presence of a second employer.

According to Article 282 of the Labor Code of the Russian Federation: Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Only certain categories of employees are required to report part-time work in another organization. In particular, this applies to heads of organizations, according to Article 276 of the Labor Code of the Russian Federation; athletes and coaches, according to Article 348.7 of the Labor Code of the Russian Federation and some other categories.

An employee has the right to report that he has found another job if he needs to have a part-time job entered into his work book. This is allowed in accordance with Part 5 of Article 66 of the Labor Code of the Russian Federation.

Question 2: Does a company have the right to hire a part-time worker without a certificate of the main place of work?

Yes, you have the right. The employee must inform the employer only that he has a main place of work. And that's enough.

The list of documents that a company may require when hiring a part-time worker is established in Article 283 of the Labor Code of the Russian Federation.

An external part-time worker does not present a work book if it is kept at the main place of work. Another, second work book, is not issued for such an employee.

When hiring a part-time worker, the organization has the right to demand from the employee a document on education and (or) qualifications or a copy.

There is only one case when the second employer is required to obtain a certificate from the main place of work. This is when part-time work refers to work in harmful and (or) dangerous working conditions.

Part-time work must be established taking into account time limits: no more than 4 hours a day (no more than half the norm per month).

Question 3: What is the salary amount indicated in the employment contract of a part-time worker?

The working hours for a part-time worker are set to no more than 4 hours a day. For a month - this is no more than half of the standard working time established for the corresponding category of workers. The standard is established in Part 1 of Article 284 of the Labor Code of the Russian Federation.

The salary of a part-time worker is paid in proportion to the time worked in accordance with Part 1 of Article 285 of the Labor Code of the Russian Federation.

A part-time worker can work no more than 0.5 times the rate. This corresponds to 4 hours of work per day with an 8-hour working day.

Accordingly, the employment contract with a part-time worker specifies the salary in accordance with the staffing table, the standard working time and the share of the official salary depending on the standard time. For example, 0.5 of the official salary.

Question 4: Is it necessary to require a military ID from a part-time worker?

The issue became relevant after the increase in fines for companies for military registration.

Useful on the topic:

How to organize military registration in an organization

Fines for maintaining military records increased from May 5

According to the standards established by the Labor Code of the Russian Federation, an external part-time worker should not provide a military ID. It is not on the list of documents that an employee must provide when applying for a part-time job. The list of documents that a company may require when hiring a part-time worker is established in Article 283 of the Labor Code of the Russian Federation.

But, in order to fulfill the requirements of military registration, the organization has the right to request a military ID from a part-time employee. The employer is obliged to maintain military records for all employees, including part-time workers.

Question 5: How to apply the reduced insurance premium rate to part-time workers?

Federal Law No. 102-FZ dated April 1, 2020 established, from April 1, 2020, reduced insurance premium rates for SMEs - 15% for payments to employees exceeding the minimum wage.

Monthly payments to employees in an amount less than or equal to the minimum wage are subject to insurance contributions at a rate of 30%.

There are no exceptions or special provisions in the Act for half- or part-time workers. This means that insurance premiums for part-time workers are calculated according to the same rules as for other employees.

Interesting articles on the topic:

How to fire a part-time worker

How to fill out a SZV-TD for a part-time worker

Sick leave benefit for part-time worker

How is a business trip of an external part-time worker paid?

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Prohibitions on outside work

Not all categories of able-bodied citizens can be external part-time workers. The ban concerns (Labor Code of the Russian Federation, Art. 329, 282):

• minors;
• workers under hazardous conditions, if the same conditions are assumed to be part-time;
• workers whose work is directly related to driving transport at their main job (they cannot perform similar work part-time).

Civil servants (municipal employees) can work part-time only with the consent of the main employer, provided that there is no conflict of interest in his main job and other work and the time limit is observed - 4 hours a day, 20 hours a week part-time. They do not have the right to combine positions with work in another organization: heads of local administrations, prosecutors, judges, police officers, customs officers, employees of the Central Bank of the Russian Federation. They are allowed only teaching, creative, scientific work (Federal Law No. 79.25, No. 2202-1, 86, etc.).

All the most important things in a nutshell

1. When applying for an external part-time job, he does not provide a work book at the place of part-time work.
2. It is prohibited to employ such an employee at a rate of more than 0.5. Restrictions are lifted only if he has completely stopped working at his main place (medical indications, delayed wages). The employment contract must indicate external part-time work and the terms of its payment.
3. A part-time worker has the right to take leave simultaneously from his main and additional place of work, but the legislation does not contain such obligations.
4. Payment for sick leave depends on whether the employee changed employers two years before illness. Payment can be made from one or several employers.
5. External part-time work is prohibited for minors and citizens with special working conditions at their main job.

Is it possible to hire a part-time employee for a full salary?

author of the answer,

Question

The employee works at his main place of work at 0.5 rate. Is it possible to accept him as an internal part-time worker under a fixed-term contract (vacation period of another main employee) for 0.75 or 1 rate (and not 0.5 rate)?

Answer

No you can not. In a part-time job (internal/external), you cannot hire an employee at 0.75 or 1 rate, even if the employee works at 0.5 rate at his main place of work.

An employee can work part-time for no more than four hours a day (Article 284 of the Labor Code of the Russian Federation). At the same time, on days when the employee is free from performing job duties at his main place of work, he can work part-time full time, but during the accounting period, the duration of working time when working part-time should not exceed half of the monthly working time standard established for the corresponding category of workers.

Recommendation.

An employee who works at his main place of work at 0.5 and at an internal part-time job at 0.5 may (with his written consent) be entrusted with additional work in order to combine positions (expanding the service area) in accordance with Art. 60.2 Labor Code of the Russian Federation.

Rationale

Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation).

According to Art. 60.1 of the Labor Code of the Russian Federation, part-time work occurs:

— internal (one employer at the place of main work and part-time);

— external (from other employers, except the main place of work).

Part-time work is formalized by concluding an employment contract with a mandatory indication that this work is a part-time 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 2 of Article 282 of the Labor Code of the Russian Federation).

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.

Despite the fact that this article provides an exception in the form of the possibility for a part-time worker to work full time (shift) on days when the employee is free at his main place of work, it also establishes a mandatory requirement that during one month (another accounting period) the duration working time when working part-time should not exceed half of the monthly working time standard (working time standard for another accounting period) established for the corresponding category of employees.

Thus, an employer who hires a part-time employee is obliged to comply with the provision on a limited standard of working time established depending on the category of the employee and regardless of his employment at his main place of work.

Recommendations.

In this situation, an employee who works in your organization at the main place of work at 0.5 and at yours on an internal part-time basis at 0.5, it is possible
(with his written consent)
to be entrusted with additional work in order to combine positions (expanding the service area ) in accordance with Art. 60.2 Labor Code of the Russian Federation. Moreover, additional work can be assigned both at the main place of work and part-time.