Part-time job features
The main place of work is where the work book is kept. If a worker works in one organization in two positions, this is internal part-time work. If he works for different employers, this is external.
A citizen has the right to work for an unlimited number of employers. The exception is athletes, coaches and heads of organizations (part 1 of article 276, part 1 of article 348.7 of the Labor Code of the Russian Federation). In this case, they must provide permission from the main location. Minors are prohibited from working for multiple employers. Drivers and employees employed in hazardous work may have a part-time job, but work in a different profession.
How to correctly make an entry in a part-time work book is indicated by the Government of the Russian Federation Decree No. 225.Z dated April 16, 2004 and the Ministry of Labor Decree No. 69 dated October 10, 2003.
External part-timers
A situation where an employee works for another employer in his free time from his main job is an external part-time job. A contract must be concluded with the worker. The employee is not required to inform the main employer about this.
When filling out the document, use the sample on how to make an entry in a part-time (external) work book.
For registration to the HR department the following is provided:
- passport;
- SNILS;
- education document.
When applying for a job with hazardous working conditions, a certificate from the main employer about the conditions and nature of work is added.
Internal part-timers
It is issued by the employer at the main place of employment during free time. An employment contract is concluded with the employee, which necessarily states that the location is not the main one. They work in the second position at 0.5 times the rate or less.
Is it necessary to notify external part-time workers about the transition to ETC?
Employees choose one of the options for reflecting information about work activities - in paper form (Article 66 of the Labor Code of the Russian Federation) or in electronic format (Article 66.1 of the Labor Code of the Russian Federation). According to the rules of 439-FZ of December 16, 2019, the employer is obliged to notify each employee in writing about innovations in the Labor Code of the Russian Federation, the transition to the electronic labor code and the right to choose the method of maintaining work books (subparagraph 4 of paragraph 1 of Article 2 of 439-FZ). There are no exceptions to this rule: external part-time workers also receive notifications, and electronic work books are issued to them through the Pension Fund of the Russian Federation based on information received from the employer.
But Rostrud issued clarifications regarding the employment of such employees and presented a different position. The work book is located in the organization at the main place of work. When applying for a part-time position, this document is not submitted (Article 65 of the Labor Code of the Russian Federation). Moreover, a record of a part-time job is made only at the request of the employee on the basis of an employment document (Part 5 of Article 66 of the Labor Code of the Russian Federation, ruling of the Moscow City Court in case No. 33-6275/16 of 02/24/2016), therefore, notify the part-time employee about No ETC required.
Rostrud explained that the transition to electronic work books for an external part-time worker is the task of his main employer. He sends out notifications, collects applications and transfers the part-time employee to a new format for submitting information about work activities.
Do not require an application for maintaining an electronic work record from a part-time worker: he writes an application for his main place of work. Even if a part-time employee submits an application, it will not change the reporting to the Pension Fund in any way and will not affect the form of maintaining the Labor Code in this organization, since the employer does not maintain his documents (PFR letter No. B-6181-19/10665-20 dated 05.03 .2020).
Based on what documents are entries made?
If an employee has expressed a desire to include a note about external employment in his Labor Code, he must:
- request from the employer a certified copy of the employment order or a certificate indicating the name of the company, the number and date of the employment order, and the date on which the employee began his duties;
- write an application to the HR department at the main place with a request to make a mark in the Labor Code;
- Attach documents received from the second company to the application.
A certificate or orders for admission or dismissal are certified by the seal and signature of an authorized person. If an employee wants to enter information about internal employment, he only needs to submit an application to the HR department with a request to enter information into the Labor Code.
Regulatory documents
What is so-called part-time work in Russian legislation? First of all, this is a certain type of citizen’s employment, in which he competently combines the remaining free time from one job with the remaining time from another.
Employers are chosen by the employee himself. They can be either the same person or completely different people.
The regulatory and legal basis for this type of employment is some regulations that are part of the labor complex. These include, first of all, the well-known labor code. The Labor Code establishes the provision that accepting a citizen for part-time work does not necessarily have to be reflected in the employee’s work book.
Also, the Labor Code enshrines in Article 60.1 the types of part-time work on the territory of our country and reveals their essence.
The employee is allowed to choose for himself whether he should ask for the inclusion of the fact of combination or not.
Part-time work: Labor Code of the Russian Federation, registration in the work book, Article 60.1:
The set of rules for maintaining books and their immediate storage tells how exactly to make an entry in a citizen’s work book that he has resorted to part-time work. And of course, what remains unchanged in the work of personnel officers is the act that establishes the rules for maintaining books for such employees - special internal instructions.
All these documents directly or indirectly regulate all entries made about direct part-time work in the work book.
Internal and external part-time work
Many employers, and even the employees themselves, do not even assume that all part-time work is divided into two large categories: internal and external part-time work. What is the difference between these two concepts? But first, it is still advisable to understand what similar features they have.
Let's start with the fact that both combination work is carried out outside the main working hours . This is the first and last sign that combines these two concepts.
Internal part-time work involves performing a labor function on the territory of the employer for whom the employee already works in his main job. As a rule, employers give a position of a completely different nature to their part-time employee and are not eager to include it in the work record.
This is done because one employer will pay much larger taxes on fixed assets for one citizen, which is not very profitable.
But if the matter has nevertheless taken such a turn that the employee insists on entering data on part-time work into the work record, then under the line where the citizen’s main job is written a signature is made indicating the new position, without re-mentioning the organization.
For example, when filling out a work book when applying for a job, the following was written: “LLC Rodnichok. Enlisted to the position of chief accountant." Next, the necessary numbering and date are entered, and the new position is indicated without indicating the name of the organization, for example: “enlisted as a part-time security officer.”
As for external part-time work, this is the opportunity to work not on the territory of the main employer, but in another place. A record of this work is made in accordance with the general rules, indicating the name of the organization, position and the fact of combination.
Algorithm for making entries
Step 1. Sequence number
All entries are numbered in order, regardless of whether it is the main job or a part-time job. Numbering is continuous. A sample entry about part-time work in the work book shows that the employee is both an external and an internal part-time worker.
Step 2. Date of entry
In the next column after the serial number, the date of employment is entered (in no case is the date the information was entered).
Step 3. Job title
In the “Job Information” column, the full and abbreviated name of the company and the name of the position are entered - as shown in the sample entry in the work book for external part-time work (at Tyulpan LLC).
Step 4. Base document
The last column indicates the number and date of the document on the basis of which the employment was made: a sample entry in the work book about part-time work for one employer contains 2 orders - on admission to the main position and as a part-time job.
If information about another company is entered, in the field of the document on the basis of which it was made, not only the details of the order are indicated, but also the name of the organization: see a sample entry about part-time work in the work book of another employer.
Legal regulation
Part-time work is official employment in addition to the main place of employment. This is possible both with one employer and with third-party organizations, and their number is not limited. The Labor Code regulates the procedure for hiring employees and organizing the work process:
- The relationship is formalized in full: an agreement is concluded, which reflects the responsibilities and working conditions, an order is issued for part-time employment, job descriptions and internal regulations of the company are signed.
- Working hours are limited and cannot last more than four hours. It is acceptable to work more if the main place has a day off.
- The salary can be either a fixed amount or proportional to the time worked or for a certain volume, if this is separately described in the contract.
- Part-time workers (both internal and external) are subject to most social guarantees, including the procedure for applying for leave, and the calculation of regional and northern salary bonuses.
- During the vacation period at the main place of employment, rest is also allowed at the additional one. If the required number of days has not been accumulated, leave without pay is issued. You can take it in advance, but in agreement with the manager.
- The employee is subject to all rights and obligations, including compliance with labor protection rules and trade secrets.
- The employer must fully organize the workplace and ensure labor safety.
- You cannot work part-time in harmful or dangerous work if the main job has the status of harmful or dangerous.
- Cohabitation is not permitted for persons under 18 years of age.
- Filling out a work book is not necessary: its owner decides whether he needs it, since according to the law, the combination may not be reflected.
ATTENTION! Do not confuse part-time work with combination work. These are different forms of activity. The first presupposes a person’s voluntary desire to have additional income in his free time from his main duties. In the second case, this is the assignment of additional functions to the employee during his working hours.
Combining positions is full-time work, and the employer has the right to demand high-quality and timely performance of duties, regardless of its type and nature.
Is entry in the work book required when working part-time?
There is an established procedure for maintaining and storing documents, rules for entering information and transferring a book to an employee, but all this concerns permanent employment. Regarding combination, paragraph 6 of Article 66 of the Labor Code of the Russian Federation states that information about employment is entered at the request of the employee. Various factors may influence this decision:
- the information reflects the specialist’s experience and complements his length of service;
- with internal part-time work, it is logical to enter information, since it reflects all the professional responsibilities of a person in the organization;
- not all employers want their subordinates to work somewhere else and refuse to issue a document to enter additional information;
- a person does not want to advertise the presence of additional income.
Thus, according to the law, this information is not required to be included in the labor report, since it does not relate to the main job. Therefore, the employee himself has the right to decide how necessary it is.
How is dismissal formalized?
Information about dismissal from another organization is entered on the basis of a certified order or certificate from the employer. Information is entered in the HR department only for the main location. Since an employee is not required to inform his second job about his dismissal from his main job, a situation arises when an employee quit his main employer, but remained to work for an external one. In this situation, when the employee terminates the part-time contract, he will bring a confirming document to the new main workplace, and the HR department will write a line about dismissal. This is not an easy situation. To avoid mistakes, use the sample part-time dismissal: look for the entry in the work book on the second page.
Part-time work. If there is no entry in the work book
The employee found himself in the following situation: he lost his main job, all that was left was a part-time job, which was not recorded in the work book. As a result, he has had no employment record in his work book for 5 months.
How, in this case, is the length of service calculated, what has he already lost, and what will he lose in the future, since he still cannot find a job?
According to Art.
282 of the Labor Code of the Russian Federation
work is recognized as 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
.
Concluding employment contracts for part-time work is permitted 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 job is a part-time job.
From the norms of Art. 66 Labor Code of the Russian Federation
It follows that
the employee must have
one
work book and the employer whose work is the main one for the employee maintains the work book.
That is, when concluding an employment contract on a part-time basis, a work book at the place of part-time work is not kept.
.
Art. 66 Labor Code of the Russian Federation
It has been established that, at the request of the employee,
information about part-time work is entered into the work book at the place of main work
on the basis of a document confirming part-time work.
In accordance with Art. 62 Labor Code of the Russian Federation
upon a written application from the employee,
the employer is obliged,
no later than three working days from the date of filing this application,
to provide the employee with copies of documents related to work
(copies of an order for employment, orders for transfers to another job, an order for dismissal from work; extracts from the work record book; certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, period of work with a given employer, etc.).
Copies of work-related documents must be properly certified and provided to the employee free of charge
.
Since the Labor Code of the Russian Federation does not establish what documents confirming part-time work must be submitted by an employee to make an appropriate entry in the work book at the main place of work, the employee can submit any of the above documents
.
The main thing is that the document contains the information necessary to make an entry in the work book.
Upon dismissal
A notice of dismissal was made
in the work book from the main place of work .
Therefore, the former employer can no longer make an entry in the work book
about part-time work.
At the same time, if the employee finds a new main job, if the relevant documents are available, the new main employer can
make an entry about part-time work in the employee’s work book.
If the employee loses his part-time job
before a new job at his main place of work,
can
confirm
his
experience
(during the absence of his main job) .
According to the Rules for calculating and confirming the insurance period for establishing labor pensions
, approved by Decree of the Government of the Russian Federation of July 24, 2002 No. 555, the main document confirming the periods of work under an employment contract
is a work book
of the established form.
However, in the absence of a work book, as well as in the case when in the work book
contains incorrect and inaccurate information or
there are no records about individual periods of work,
written employment contracts drawn up in accordance with the labor legislation in force on the day the relevant legal relationship arose, certificates issued by employers, extracts from orders, personal accounts and statements of issuance of wages.
Therefore, an employee can, on the basis of Art. 62 Labor Code of the Russian Federation
request from the employer at the place of part-time work the relevant documents (specified in
Article 62 of the Labor Code of the Russian Federation
), which will be documents confirming the period of part-time work.
Is there a difference in the records of external and internal part-time workers?
The only difference is that for internal employment, you do not need to indicate the name of the company in the “Work Information” and “Base Document” columns: compare the example of a part-time dismissal entry in the work book of one employer with the example shown below.
The sample entry for a part-time job in another organization differs from that presented above.
Legal documents
- Article 276 of the Labor Code of the Russian Federation. Part-time work of the head of an organization
- Article 348.7 of the Labor Code of the Russian Federation. Features of the work of an athlete, part-time coach
- Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69
Dismissal upon combination
In the event that an employee continues to work at his main workplace, but resigns from his part-time job, an entry is made in his work book indicating his dismissal only from this position. In this case, there is no need for its certification and signature of the responsible person.
If an employee resigns from two jobs (main and part-time), two entries should be made in this document, namely, about dismissal from the main job and part-time. In this case, the second entry must be certified with the seal of the company (or the human resources department) and the signature of the responsible person.
There are often situations when an additional workplace becomes the main one for a person. In such cases, the question of how to make an entry about part-time work in the work book is also relevant. In this case, you should first dismiss the employee from both his main job and his part-time position, and then hire him to his main place of work.
In some situations, a part-time worker is transferred to the main employees by drawing up a special agreement on changing working conditions, supplementing the employment contract. The employer must confirm the transfer with an order or instruction containing information about assigning the part-time worker the status of a main employee.
Translation: general points
Rostrud officials propose to consider part-time work a special condition of an employment contract (Article 282, paragraph 4 of the Labor Code of the Russian Federation), and not its separate type, despite the fact that Art. 57 of the Labor Code of the Russian Federation, part-time work is not mentioned as a mandatory condition included in the employment contract. Moreover, if an employee quits his main place of work and is listed as a part-time worker in the organization, it is impossible to automatically recognize him as a new main place of work, because to change the terms of the employment agreement, bilateral consent is required (Article 72 of the Labor Code of the Russian Federation).
Question: A local act of the organization establishes the payment of a bonus for continuous work experience. An employee employed in an organization on an external part-time basis quit his main job. By agreement of the parties, he was transferred to the main employees through the “Dismissal - Hiring” procedure. Subsequently, the employer refused to pay this employee a bonus for continuous service in the organization. Are the employer's actions legal? View answer
Registration of an external employee as permanent through transfer, as the legislator understands it in Art. 72.1 of the Labor Code of the Russian Federation, can be considered at least controversial, and even illegal, since there is no permanent or temporary change in the functions of the employee or his structural unit. There is no situation here of moving to work in another area together with the employer. In this case, the actual translation is formalized with the obligatory conclusion by the parties of an additional agreement. Such a step will also suit Rostrud officials: the terms of the labor agreement have changed, they are fixed in writing by an additional agreement.
Let us clarify: here we are considering a situation in which an employee, moving to the main place, will perform the same functions that he previously performed externally. Otherwise, it would indeed be advisable to first fire the part-time worker and then hire him to a new position, under a new employment contract, in order to reduce the risk of problems during inspections.
For whom are the bans established?
Not everyone is allowed to work part-time. cannot be part-time workers:
- whose age is less than 18 years;
- who, for the main employer, performs work associated with harmful or dangerous working conditions, if part-time work is also associated with harm or danger;
- who drives a vehicle for the main employer or is involved in controlling their movement, if the same work is expected on a part-time basis (Article 329 of the Labor Code of the Russian Federation);
- lawyers (Article 2 of Law No. 63-F3 of May 31, 2002).
In addition, the legislation establishes restrictions for certain categories of workers :
- An employee of a private security organization cannot combine work with the civil service or an elected paid position in public associations. In addition, such employees cannot be the founder or an official of the company protected by this organization (Article 12 of Law No. 2487-1 of March 11, 1992).
- The head of a company can work part-time only with permission from the authorized body of the legal entity headed by him or the owner of the property (Article 276 of the Labor Code of the Russian Federation).
- An athlete or coach can be an external part-time worker if the employer at the main place of work has given permission for this (Article 348.7 of the Labor Code of the Russian Federation).
Translation
If the question arises about how to transfer a worker from part-time work to the main job, then the answer can be found in paragraph 4 of the Rules, as well as part 4 of Article 66 of the Labor Code of the Russian Federation.
If there is a temporary transfer, then no entry is made. If a working employee is transferred to another employer, then he must be fired at his previous place, which should be recorded in the employment record. At the new place, they indicate information about hiring.
If there was an external part-time job, and the transfer is carried out to the main place, then you need to indicate the reason why this is being done. For example, there was a request from an employee, or he agreed to an offer received from the employer.
Any employee has the right to expect that all necessary entries will be made in the work record, regardless of whether it is a part-time job or the main workplace. To indicate information about part-time employment, he should provide the necessary documents confirming this fact. However, the Labor Code does not specify which documents to submit.
How to properly make an entry for an internal part-time worker?
With internal part-time work, the situation with filling out the work book is the same as in the case of external work. The decision on the need to include information in the document is made by the employee himself.
Having a record of the previously specified sample allows you to:
- document your experience in a specific position;
- document your experience.
Example
To enter data for an internal part-time employee, the HR employee responsible for this process does not need to indent a line from the previous completed line. The absence of a space will indicate that the employee is employed in several positions in one rather than several companies.
Next is the standard data - the serial number of the entry, the date it was made. The main part of the mark may contain the following phrase: “Hired as a part-time employee for the position of HR department employee.” Next, the company seal and the employer’s signature are affixed.
Sample:
Is this done if part-time work becomes the main job?
Situations may arise in which a part-time worker is transferred to the main job. To complete this process, you must be guided by Rostrud letter No. 4299-6-1.
The regulation states that in order for a part-time job to become the main job, the employment contract with the employer who was previously considered the main one must be terminated. It is also necessary to make a corresponding note in the book.
Sample
Before you make a note that part-time work has become your main job, you must make a note about your dismissal from your previous main job.
Next, fill in the standard columns - serial number and date of entry. The text may have the following content: “Part-time work has been stopped. Designed for the main place." Details of the order and signatures of responsible persons are provided.
Example:
We recommend reading:
How to make an entry about employment in a work book?
How to record a transfer?
