The new version of the Labor Code significantly changed the mechanism of labor regulation of part-time workers and workers who combine professions or positions. What is the difference between these forms of labor organization? What features need to be considered by taking a partner? Do I need to enter into an employment contract with those who will combine professions, posts or participate in other form of combination? Read about this and many other things in the proposed article.
Compact and combination - absolutely different forms of labor organization. However, in practice, these concepts are often confused by replacing one other. Therefore, before learning new rules for regulating the labor of partners and those who master other positions and professions, briefly understand the terminology.
If an employee in the free of main work time performs another regular paid work on an employment contract, this is a compatibility (Art. 60.1 and 282 of the Labor Code of the Russian Federation). It is possible to work on part-time not only at your employer, but also in another organization (in another entrepreneur or an individual who is not an entrepreneur).
When combining professions (posts), work is carried out "during the established duration of the working day (shift)" and always at the same employer (Art. 60.2 of the Labor Code of the Russian Federation).
Now that the main differences between compatibility and alignment are determined, you can move to details.
Compatible
So, there are several factors determining the combination: the employee has the main place of work, performs labor functions (official duties) in its free time, makes it regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.
As follows from Article 60.1 of the Labor Code of the Russian Federation, the combination may be external and internal.
External compatible - This is the fulfillment of regular paid work from another employer (meaning not at the place of main work). Another employer may have an organization and an entrepreneur without the formation of a legal entity, and the employer is an individual who is not an entrepreneur.
Internal compatible - Performing another regular paid work at the employer at the main place of work. That is, the employee has the right to conclude an employment contract for the main place of work indicating the post, profession, specialty as a part-to-room.
Who can't be a partler
Separate categories of citizens, part-time work prohibits the Labor Code. First, these are people younger than 18 years old. And secondly, the staff, the main work of which is associated with severe work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.
In addition, some limitations for part-time work are established for organizations of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, "the head of the organization can work part-time from another employer only with the permission of the authorized body of the legal entity or the owner of the organization's property, or an authorized person authorized by the owner (body).
In certain cases, the Labor Code refers an employer to other federal laws and subtitle acts that limit the combination of individual workers. This, in particular, federal laws on state and municipal unitary enterprises, the bodies of the judicial community, advocacy and the lawyer, the magistrates. The list of such acts also includes decisions of the Government of the Russian Federation (for example, a resolution regulating the procedure and conditions of service (work) on part-time in the system of the Ministry of Internal Affairs of Russia).
The prohibition of combination is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. In this norm, the State Duma deputies work on a professional constant basis and in addition can only be engaged in teaching, scientific or other creative activities. The conditions of work on part-time pedagogical, medical, pharmaceutical workers and cultural workers are also special, regulated by the Labor Code, other laws and acts. For example, by the same name of the Government of the Russian Federation of 04.04.2003 No. 197 and Ministry of Labor of Russia dated June 30, 2003 No. 41 "On the peculiarities of work on part-time pedagogical, medical, pharmaceutical workers and cultural workers."
We conclude an employment contract with a partover and make it to work
The procedure for issuing an employee on a compatibility basis is the same as when making it on the main work. An employment contract with a partbook consists in writing, is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transmitted to the employee, the other with the mark of the employee "The second copy of the employment contract received" is kept by the employer.
|
NOTE |
|
|
In the employment contract, it is necessary to register that the work will be carried out on the terms of the partification (para. 4 Art. 282 of the Labor Code of the Russian Federation). For example, the corresponding position may look like this: "The employee is taken to work for the employer on a part-time basis."
Typical employers' error: with an employee who is hired as internal partbook There is no new employment contract. In this case, the salary is calculated simultaneously both on the main work, and on the work performed on part-time.
However, with such an employee, it is necessary not only to conclude an employment contract, but also to fill a personal card on it (form No. T-2), as well as assign a table number. That is, in the accounting table of working hours, this worker will appear twice: as the main worker and as a part-time.
The list of mandatory documents when admission to work on a compatibility class is given in Article 283 of the Labor Code. It:
Passport or other document certifying;
A diploma or other document on education, training in the event that the upcoming work requires special knowledge (or properly certified copies of such documents);
Certificate of character and working conditions at the main place of work, if the employee is accepted for hard work, work with harmful and (or) dangerous working conditions.
However, the listed documents from the internal partner can not be required, since the copies of all necessary documents have already presented such an employee.
Duration of working time
Legislation, as before, limits the maximum duration of the working time of the parties, but does not indicate the minimum duration.
"Duration of working time when part-time work should not exceed four hours a day. In the days, when at the main place of work, the employee is free from the execution of labor duties, it can work part-time full-time (shift). Within one month (other accounting period), the duration of working time during part-time work should not exceed half of the monthly rate of working time (the standards of working time at the other account) established for the relevant category of employees "(Art. 284 of the Labor Code of the Russian Federation). For example, if the account period of the working time is one week, the working time rate is 40 hours, the duration of the working time of the partner cannot exceed 20 hours.
|
Council |
|
|
note : Limitations of the duration of working time when part-time work are not applied in two cases.
First case. At the main place of work, the employee suspended the work in connection with the employer's violation of the salary payment terms (part 2 of Art. 142 of the Labor Code of the Russian Federation).
Second case. The employee is suspended from the main work in accordance with the medical conclusion, and it is impossible to translate it to another job (Part 2 and 4 Article 73 of the Labor Code of the Russian Federation).
Given that the time of working time and rest time (it is usually for partners individual) is a prerequisite for inclusion in the employment contract, it must be prescribed in the employment contract. I advise you to do it as much as possible. For example, the corresponding position can be formulated like this:
"The employee establishes a five-day working week lasting 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.
Weekends for employee are Saturday and Sunday. "
"The employee is set to a working week lasting 12 hours. The employee works on a sliding schedule: on Monday, Wednesday and Friday from 18.00 to 20.00, on Tuesday and Thursday from 17.00 to 20.00. Weekends for employee are Saturday and Sunday. "
Salary
The work of the partmen is paid "in proportion to the spent time, depending on the development or on other conditions defined by the employment contract. This is indicated in Article 285 of the Labor Code of the Russian Federation.
When establishing part-time faces with time-based work, the normalized tasks of labor payments are made under the final results for the actual work performed. " At the same time, all the necessary regional coefficients and allowances are paid in obligatory, where such are established.
|
NOTE |
|
|
As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a system of wage of the part-book - compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It indicates: "The salary of each employee depends on its qualifications, the complexity of the work performed, the number and quality of the expended labor and the maximum size is not limited." When setting a salary size, no matter how discrimination is prohibited.
A few words about the minimum size of the wages of the parties. In accordance with Article 133 of the Labor Code of the Russian Federation "The monthly salary of the employee who has spent during this period the standard of working time and fulfilling the norm of labor (labor duties) cannot be lower than the minimum wage." But the remuneration of part-to-jobs can be calculated in proportion to spent time or in proportion to work out and, thus, be less than minimum wage.
Vacation
The procedure for providing leave to the parties is clearly registered in Article 286 of the Labor Code and is significantly different from the procedure for providing leave by main work. In particular, this article says that "part-time persons, annual paying leaves are provided simultaneously with the release on the main work. If the employee did not work for six months at work on part-time, then the vacation is provided in advance. "
Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which "the right to use vacation for the first year of work arises from an employee after six months of its continuous work for this employer," no partners are in effect. The external partner who wishes to receive another vacation simultaneously with the release of the main place of work, can be recommended to take the appropriate certificate at the main place of work and submit it to the employer who has part-time work.
The duration of the vacation of the parties as well as the main workers cannot be less than 28 calendar days (Art. 115 of the Labor Code of the Russian Federation). If the duration of the discourt's vacation on the main job is more than at work on part-time, the employer is obliged at the request of the partner to provide him with a vacation without salaring the relevant duration. The calculus of the size of the average wage to pay for vacations and payment of compensation for unused leave is made according to the general rules. This is stated in Article 139 of the Labor Code.
What to do if the partizer, using an advance payment, is back? In this situation, the employer has the right to keep money from the wages of the employee 137 of the Labor Code of the Russian TC of the Employee.
Guarantees and compensation
Employees working on a part-time guarantee and compensation provided for by law, local regulatory acts, agreements are provided in full. The exception is the list of guarantees and compensation to "persons combining work with training working in the regions of the Far North and equivalent to them areas." In these cases, guarantees and compensation are provided to employees only at the main place of work (Art. 287 of the Labor Code of the Russian Federation).
Another exception. According to the Labor Code, the part-time can be fired due to the liquidation of the organization or the termination of the activities of an individual entrepreneur (paragraph 1 of Art. 81), as well as in connection with the reduction of the number of employees of the organization, an individual entrepreneur (paragraph 2 of Art. 81). This employee is paid only by the exitual allowance in the amount of average monthly earnings on the basis of Article 178 of the Labor Code of the Russian Federation. Since this worker is already employed at the main place of work, it is not preserved by the average monthly earnings for the employment period.
Dismissal
An employment contract with a part-time in accordance with Article 288 of the Labor Code may be terminated under general reasons. They will remind, are provided in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional basis for the termination of the employment contract: "An employment contract concluded for an indefinite period with a part-time person may be discontinued if an employee is admitted for whom this work will be the main one.
note : We are talking about a contract concluded indefinitely. Consequently, the urgent employment contract cannot be discontinued on this basis.
As follows from Article 288 of the Labor Code of the Russian Federation, the employer who ceases to the employment contract concluded indefinitely, is obliged to prevent the part-to-job about this in writing. Moreover, it takes no less than two weeks before the specified event.
In all cases, the day of the dismissal of the employee is the last day of his work. On this day, the employer is obliged to make a full calculation with him.
And one moment. According to Article 66 of the Labor Code of the Russian Federation "At the request of the employee, information about work on part-time work is made to the labor book at the place of main work on the basis of a document confirming part-time work."
|
KASKAD LLC in the person of the General Director of Vlasov Anatoly Evgenievich, acting on the basis of the Charter, hereinafter referred to as the employer, and a citizen of the Russian Federation of Limonov Maria Grigorievna, referred to as the employee, have entered into an additional agreement on the following: "The employee is entrusted with the procedure for combining posts to fulfill the duties of the office manager with a surcharge for the combination of posts in the amount of 5,000 rubles per month." 2. This Supplementary Agreement is an integral part of the employment contract and enters into force from 10 October 2006. Addresses and signatures of the parties ... |
Combining professions (posts)
When combining professions (posts), it is assumed that an employee, along with the work due to the employment contract, performs additional work on another or the same profession (position) for an additional charge (Art. 60.2 of the Labor Code of the Russian Federation). Let's figure it out in the nuances.
Under combining professions It is understood by the execution of the employee along with the work defined by the employment contract, additional work for another profession. Combining posts - This is a fulfillment by an employee of additional work for another position. The concept of "combining professions" applies to workers, and the concept of "combination of posts" - in relation to employees and specialists.
Community applies and expansion of maintenance zones, increase work . In this case, the employee, along with the work defined by the employment contract, performs an additional work on the same profession or position.
Finally, another variety of combination is the fulfillment of the duties of the temporarily absent employee without liberation from work defined by the employment contract. In such a situation, the employee replaces another employee who is absent in connection with the disease, holiday, business trip (or for other reasons) and, in accordance with the current legislation, the workplace (position) is maintained.
The term during which the employee will perform additional work is established by the employer with the written consent of the employee. This is said in Article 60.2 of the Labor Code of the Russian Federation. The amount of payment of combination is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in Articles 60.2 and 151 of the Labor Code of the Russian Federation.
All types of combining professions (posts) can be charged only with the written consent of the employee. Combining is made as follows. Due to the fact that the conditions for the "labor function (work as a position in accordance with the staff schedule, profession, specialty, indicating the qualifications; the specific type of entrusted worker of work)" are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with An employee combining the profession (positions) must be concluded an additional agreement to the employment contract.
Based on the Prisoner of the Supplementary Agreement, it is necessary to publish an order for the combination of posts, for example, with such text:
"Lemon Maria Grigorievna, the Secretary-reference, to instruct, in order to combine posts, fulfilling the duties of the office manager from 10 October 2006 with a surcharge of posts in the amount of 5,000 rubles per month."
note : When making a combination, it is not necessary to conclude a new employment contract, as well as making entries in the employment book.
The worker has the right to abandon the fulfillment of additional work, and the employer - ahead of schedule to cancel the instructions on its implementation, who warn the other party in writing no later than three working days (Article 60.2 of the Labor Code of Russia). In this case, an additional agreement is also concluded for the employment contract, and on its basis it is published an order to cancel the alignment.
- Personnel office work and labor law
Compact, as a special phenomenon in the labor market, serves to effectively use the potential of a person in the field of labor relations and contributes to an increase in the overall level of material well-being.
In Russian legislation, partition has been allocated to a separate category of legal relations. Special attention of the Labor Code of the Russian Federation is paid to the conclusion and termination of employment contracts of this category of legal relations, providing benefits, care, and the provision of state guarantees.
What is part-time work?
In accordance with the labor legislation of the Russian Federation (), a part-time is understood as an employee of the additional operating functions of the same or other employer in its free time from its main work duties.
The basic features of a part-time in the TK RF is:
- Registration by concluding an employment contract.
- Fulfillment in free time from official duties that are main, including resting time and weekends.
- Paid by the employer.
- It is allowed with any number of employers.
In the order of the employer on the reception of the employee to the position, as well as in the contract it should be stated that it will be a partler.
The legislation noted that not every case can be recognized by part-time.
For example, the part-time is not:
- One-time medical examination (with one-time payment).
- The provision of consultative assistance citizens if spent at this time does not exceed three hundred hours a year.
- Performance of work in accordance with the post not submitted to the staff of the organization or enterprise.
- On duty on graphics with exceeding.
Regulatory norms of the TK RF
The main regulatory act regulating the part-time work is the 44 chapter (Articles with CO) TC of Russia and the Resolution of the Russian Government of 4.11.2003 No. 197, which states that the features of such labor of individual categories of employment entities, such as teachers, pharmacists, doctors, doctors , cultural workers and others are determined by the Ministry of Internal Affairs of the Russian Federation of 7.08.2003, No. 41.
attention
The definition of this type of legal relations is also given in Article 60.1 of the Labor Code of the Russian Federation. It should be remembered that, which resolved partitioning exclusively by office or profession other than the main thing - has lost its strength (acted until the sixth of October 2006).
Difference from combination
Despite the similar sound, part-time work must be distinguished from alignment.
As mentioned above, a combination of the Labor Code of the Russian Federation is additional activities on the employment agreement, in the free time from the primary job function. And compatibility () is an additional work without a separation from its basic labor functions (positions).
Additional Information
Part-time work can be decorated, both in the same employer and different. And combination, as a rule, occurs under the start of the same boss.
Commonwealth is drawn up as the main labor activity, through the signing of an employment contract, including indefinitely. When combining the employer and his subordinate to sign an additional agreement to the Agreement, where it is clearly established by the fulfillment of additional job responsibilities.
Also, in combination, an entry may be recorded on the reception of a citizen on such a job in the employment record, when combining anything to work in the labor book.
Duration of work
The total duration of the working day for the part-book for the TC RF should not be for more than four hours. At the same time, if we take one account (for example, a week), then the duration of labor on part-time should not be more than half for the same period established by the TC Russia. So, if such a duration according to the law is 40 o'clock, (), then work part-time for the same week should not be more than 20 hours.
An exception to this rule is allowed only in one case, when the employee is free during a certain period from fulfilling its duties at the main place of work - then it has the right to work part-time under full working time.
Also, the law (in particular, the Labor Code of the Russian Federation) has established a reduced duration of working time for certain categories of workers. So teachers can work no more than 36 hours a week (), the duration of the labor of numerous cultural workers specifically stipulates in a collective agreement of the institution or organization and may differ from what is enshrined in the Labor Code of the Russian Federation, but not to the most side.
Doctors can work no more than 39 hours a week (). All this is also taken into account when accepting part-time work. In accordance with Article 282 of the TC, in some cases a monthly rate of working time is allowed for employees of these categories.
Dismissal
The dismissal of the part-time is based on the same grounds established by the legal norms as the dismissal of an ordinary employee.
The employer has no right to dismiss the part-to-room during its disability (illness) or spending on vacation (). And the prescription of Article 180 TC, due to the reduction of state or number in the enterprise, you can only dismiss the partner only under receipt given to him at least two months before dismissal.
Attention
The only exception, established for this category of subjects of labor legal relations Article 288 of the TC, which states that the part-time can lose his position if a person can be accepted for which the same position will be the main one. In this case, the employer must notify a part-time worker about it two weeks before the contract is terminated.
With external - with dismissed, all calculations should be made no later than the day of its official care. If the worker on this day stopped performing his immediate job duties, then the wages due to him and the remaining payments should be made no later than the next day after the dismissed presented such requirements.
The same rules concern and dismissed citizens working on a part-time basis. If the position of the main work remains behind the abbreviated partner, on the TK RF, it does not have the right to the daytime allowance in the amount of average monthly earnings.
Information about the dismissal of the part-to-work is recorded in the labor book as follows:
- According to the main work, a certificate is provided from work, where a citizen worked as a partover and a copy of the order about his dismissal.
- Statement of a citizen about making an appropriate entry into his employment record.
- The employer publishes an order to record information on the dismissal information.
- An entry into the employment record.
Hospital
According to the Labor Code of the Russian Federation, the part-time has the full right to pay for his sick leave, that is, on disability leave, in case the members of his family, who need to be careful. But under one condition: continuous, for two years, execution of official duties from the same employer ().
With internal Commonwealth, in order to obtain a manual, an employee must provide only a sheet of disability issued to him in a medical institution.
With external - He must have two such sheets in his arms, which must be present at two places of work. In an organization where the employee works under the conditions of external partnership, it should be a mark on this, and the details of its main job site (another organization) are indicated.
Nuances
The law allows you to take a person on a part-time position, even if it implies full material responsibility. In this case, the corresponding contract is concluded, the form of which is provided for by the Decree of the Ministry of Labor of the Russian Federation No. 85.
Additional Information
In the regions of the Far North and other areas, with established rapid coefficients to the salary, the discharge of the partner is made taking into account these allowances.
When caring on vacation, part-to-jobs should be focused on the time of the annual paid leave in their main work, since the time of their calendar periods should coincide. In the event that a person did not work out for posts on part-time, six months, his vacation is issued to an advance (article 286 of the TC).
In some cases, an employee, in addition to the main place of work, may be additional. With proper registration, the law allows such an opportunity. The fulfillment of regularly paid work in the clock is free from the main activity and with the mandatory design of the employment contract is called part-time. It implies part-time. Employees who fulfill their duties at the main place of work and part-time, are equally protected by labor law. Officially decorated additional activity allows you to use a full guarantee provided by the law.
Compactation can be divided into two types. They differ only by the place of employment. Regardless of choice, employees are provided with equal social guarantees (payment of premiums or coefficients, provision of paid leave, etc.). Compactation is considered as high-grade activities that take less time per day. In most cases, the duration of the working day does not exceed four hours. For physicians, cultural and pharmacist workers in the Decree of Mintrud №41 recorded their norms. Part-time activities can be divided into:
How legislation regulates part-time work:
- external, which involves the execution of an employee of activities in another organization on a regular basis for an employment contract (in hours free of main activity);
- internal - official design of an employee for an additional position in the company where it carries out basic activities (with a mandatory indication in the contract, which is partition).
Commissioning Rules: Required Documents
The mark of part-time work in the employment book is placed at the request of the employee. These information should make the main employer. If in an organization where part-time activities are performed, put a similar mark, the record will be considered invalid. Only the main employer by law has the right to make these information. It happens when an employee continues to work at additional work, and the main one is deprived (dismissal, reduction, etc.). If the mark in the employment record was not set, it will be the right to be made only the next employer (at the main place of employment).
When making an employee's work is an employment contract. It makes the necessary information regarding the procedure for payment, work modes and other important aspects of activities. The contract necessarily indicate that the activities performed are part-time. It must be compiled in two copies and signed by the parties. With internal part-time, it is possible to conclude an urgent contract.
Features of vacation in part-time
All individuals who fulfill the obligations of labor contracts have the right to an annual paid leave. At employees who, it also extends, but the procedure for granting a little different. As for other categories of workers, the position (workplace) and the average earnings (Article 114 of the TC) are provided for them. Article 115 of the TC establishes a duration of at least 28 calendar days. For some categories, an extended or additional vacation can be used. These privileges are provided with highly specialized employees who implement the activities specified in the law. The right to take advantage of the elongated leave can:
- medical workers who are engaged in the diagnosis and treatment of HIV-infected people (clause 4 of the Resolution of April 3, 1996 No. 391);
- pedagogical workers (article 334 TC).
Additional vacation (paid) is provided to persons who are busy on harmful, dangerous or hard work. For employees who fulfill their duties in the regions of the Far North, special additional leave are provided, the duration of which is 24 calendar days. For localities equated to the conditions of the Far North, the duration is 16 days.
It happens simultaneously with the release on the main work (Article 286 of the TC). It may turn out that the duration of the main work is more than extra. In this case, the employee is entitled to ask for a vacation providing him for the relevant period without salary salaries. In other words, extend the vacation at an additional place of work. Leave by advance is provided for partners who have worked less than six months.
Who can be a partler?
The law provides persons who do not have the right to combine basic activities with any other. Among them:
- minors - up to eighteen years;
- workers who perform dangerous or heavy work working in harmful production;
- judges;
- prosecutor's Office;
- member of the government;
- civil servants.
All other able-bodied citizens can be arranged for one or more additional work. The amount is not limited. It is important to comply with the requirements enshrined in Article 284 of the TC. It indicates that the working day of the part-time employee cannot exceed four hours. And for the reporting period (week, month or year), the duration of the total number of worked hours should be less than half the time, which was occupied in the main place.
For individual categories, the duration of the labor day is established. Basically, they include cultural workers, doctors and pharmacists. In some cases, part-time points have the right to work more than four hours a day, but the compliance with the share of the main time is main to additional employment. In order to learn how to issue a part-time officer, it is necessary to familiarize yourself with the Labor Code, namely with Chapter 44. It contains the main provisions that regulate this type of activity.
The law of 29.12.2006 No. 235-FZ in Article 11, the second paragraph provides for the receipt of "maternity" payments by pregnant women who carry out part-time activities. It says that they have the right to receive in the maximum volume for each place of work. Each official employment agreement (including external partition) is recognized by full-fledged activities at which payments can be obtained.
The rules for issuing employees to the main place of work and part-time for the most part of the same. There are some differences that should be considered. An important point in the employment of an employee is a contract. Proper compilation and compliance with the established requirements of the legislation is the key to the successful interaction of the organization and the employee. Compactation is a popular type of employment, gaining momentum recently. There are situations when it is the fastest and efficient way to solve the problem with the missing personnel.
Part-time work recent years is becoming increasingly distributed. It is understandable. On the one hand, an explicit deficit of qualified personnel is observed on the market, and on the other hand, the desire of employers to get a competent employee of cheaper. Work part-time just makes it possible to fulfill these two desires. Labor legislation The work of part-time regulates sufficiently superficially, which entails many questions.
Introductory information
To begin with, we define the terminology. Very often confuse two different forms of fulfillment by an employee of additional responsibilities - Compare and combination. The main difference between them is issued with an employee an additional employment contract. Upon combination, this document is not needed (enough additional agreement to the already existing contract), and in combination it is fundamental (Art. 282 of the Labor Code of the Russian Federation).
There are other differences. Thus, combination is possible only within one organization, but combination can be both internal and external. In addition, the work on the conditions of combination the employee performs "in parallel" with its main work, that is, within the framework of the "one" working time. While the partification involves work in excess of ordinary working day. That is why for the partification there are very tough conditions in the number of working hours (Art. 284 of the Labor Code of the Russian Federation).
So in some cases, probably, it will be more profitable to issue an employee precisely on combination - this will reduce the number of personnel documents, and will remove the need to carefully monitor the time of work on the second position. Yes, and restrictions on part-time work this approach can help bypass.
Prohibition of compatible
On the topic of prohibitions on a compatibility will stop more. Speaking about it, it must be borne in mind that in most cases these prohibitions are actually relevant only for internal partnership, that is, when a part-time work agreement lies with the same employer who is for the employee the main one. The fact is that most of the prohibitions are associated with the work already performed by the employee at the main place. And according to the rules of acceptance of part-time work, the employee is not obliged to provide an employer with an employer or other information about his main work (except for admission to harmful and dangerous work, when Article 283 of the Labor Code of the Russian Federation obliges to demand a certificate from the employee). This means that the employer will not be able to monitor the legitimacy of the employee's employment.
However, in order to finally protect yourself from claims from the regulatory authorities, we recommend issuing an application for employment, a separate point in which there will be an indication that the employee has no grounds making part-time work (directly with the listing of all these conditions; Read more about this below). Accordingly, putting its signature under such a statement, the employee removes the responsibility with the organization for its unlawful reception.
Labor book partbook
As a general rule, part-time work is not reflected in the employment record. After all, according to Article 66 of the Labor Code of the Russian Federation, that the part-time entry fell into the employment record, the employee must show the initiative. To do this, he must bring its main employer an employment agreement on part-time work and a compatibility certified by the employer - a "part-time" order for admission to work. In addition, he must write a statement with a request to make these information in the employment record.
However, the procedure for making such a record in the legislation is registered very scoop (the last paragraph of paragraph 3.1 instructions, approved. Resolution of the Ministry of Labor of the Russian Federation of 10.10.03 No. 69). And the fate of this entry when dismissing the employee from the main work is generally covered with fog. Therefore, we recommend entering the workbook on the workbook only if the employee insists on this. And therefore, the employee must be explained that he may have problems with employment to another job, because when dismissing from the main employer, it will not be a record of work on part-time "closed".
Dismissal and change of status
With the procedure for making a workbook, it is closely connected and another, perhaps, the most significant form of issues relating to the status of the partner. Consider possible situations.
Situation 1. The part-time resigned from the main work. The main question here is whether it can continue to work in particular in this case? The answer to it will be positive. The fact is that although the very determination of a part-time, given in Article 282 of the Labor Code of the Russian Federation, implies the presence of a partner and the main work, such a basis for the dismissal of the part-to-work, as its dismissal, the Labor Code does not provide. So, an employer of legal grounds for termination of an employment contract with a partover does not arise in this situation.
Situation 2. The part-book must be made on the main job. In this case, the first thing that is required to make the part-book is to quit the main work. After all, for employment on the main work, the workbook will already be required, "closed" by the previous employer. Further design workbook is no longer different from receiving an employee "from the street" - the organization's stamp is raised and an entry on employment, indicating the post, requisites of the order, and T p.
But personnel documentation in this case can be issued in different ways. The first way is to conclude an additional agreement to the employment contract on part-time work by making it an employment contract on the main work. That is, an orders for receiving an employee to work (not about translating!), And in the personal card simply makes appropriate changes.
But in our opinion, a more proper way of registration will be still complete cessation of relations on part-time with the termination of the contract and the issuance of the order. And the subsequent reception of an employee for the main work with the signing of a new employment contract. Explain why.
From the point of view of the Labor Code, part-time work and the main work are different in their essence and the field of regulation of legal relations arising between the employee and the employer. These relationships are very specific and regulated by different norms of the Labor Code of the Russian Federation (Article 60.1, Ch. 44 TK RF). Therefore, the termination of some legal relations and the transition to others, in our opinion, is not enough to issue enough orders. So, it is necessary to stop the agreement of the partnership and conclude a new contract for the main place of work.
Situation 3. The main employee must be done by the part-time book. This situation is essentially a mirror reflection of the previous one. But, unlike it, different options for the design of personnel documentation does not imply. This is due to the fact that for such a "transfer" to the employer will have to "close" an employee's labor book. After all, only the main employer can lead the workbook.
So an action option is only one - dismissal and subsequent reception. This, by the way, additionally confirms that in the previous case it is better to act in this way.
How much to pay
And at the end of our excursion partitioning a few words about the wages of the parties. Here the most common question is whether they can pay more than half of the salary provided for by the staffing schedule? The roots of this question is that the maximum amount of time that the part-time can spend at its workplace, as well as half the week norm (Art. 284 TKR F).
Consider this question more. Article 285 of the Labor Code of the Russian Federation states that the part-book work can be paid not only in proportion to spent time, but also on the conditions defined by the employment contract. This gives us a formal reason to establish a part-time wage in any size - both more than half the "fines" and less.
However, it is necessary to take into account this nuance. Based on the provisions of Article 22 of the Labor Code of the Russian Federation, employees occupying the same position should receive the same payment for their work. It turns out if, in addition to the part-time, the same position also occupies the main worker, the establishment of an increased salary will violate the rights of the main employee. Conversely, the establishment of a reduced salary will violate the rule of the partner. These situations are already fraught with a fine of 50 thousand rubles under Article 5.27 of the Administrative Code of the Russian Federation.
There may be a way out here, for example, the introduction to a regular schedule of a separate position, to borrow only a part-time center.
Who can not be taken in the part-time
According to Article 282 of the Labor Code of the Russian Federation, the partners cannot be taken by employees under the age of 18 (the employer may receive this information from the passport), persons employed in difficult work, work with harmful and (or) hazardous working conditions, if part-time work is related to such The same conditions (this information will be in the certificate brought by the part-book).
Next, in the list of prohibitions on combination, employees go, to check which the employer can no longer. These are faces whose work is directly related to the management of vehicles or management of vehicles, if they perform similar work (Article 329 of the Labor Code of the Russian Federation), leaders (part 1 of Art. 276 of the Labor Code of the Russian Federation), state and municipal employees, Judges, lawyers, employees of the prosecutor's office and police, military personnel and even the guards (Article 12 of the Law of 11.03.92 No. 2487-1 "On private detective and security activities in the Russian Federation").
In addition, it is impossible to work on part-time managers of state and municipal educational institutions, their branches (offices), as well as all other pedagogical workers, coupled with medical, pharmaceutical workers and cultural workers (clause 1 of the Resolution of the Ministry of Labor of Russia from 30.06.03 No. 41 On the peculiarities of work on part-time pedagogical, medical, pharmaceutical workers and cultural workers).
In search of an additional source of income, a decision can be made about the device on the second job. The official conclusion of a compatibility agreement will allow to obtain a guarantee provided for by labor law. A similar type of staff design is beneficial to employers in cases where partial employment is supposed. Like ordinary labor relations, partition has its own characteristics. Knowledge of important moments of such work will help to properly arrange a contract and use fully provided by law. The article presents topical information regarding this type of employment and lists cases in which the partification is not permitted.
Comparison Basic Information
One-part is implied by an employee of another paid work in free from the main time. The conclusion of the employment contract is mandatory. It is assumed that the employee will work at another specialty on a regular basis and receive payment for it. The main provisions on this form of employment contains chapter 44 of the Labor Code of the Russian Federation (hereinafter - TC). Commonwealth (employment in another organization) and internal (additional employment at the place of main work).
When choosing this type of work, employees may apply for all the basic guarantees and compensation, which are provided with labor law. For some categories (for example, physicians, cultural workers, pharmacists), additional working conditions have been established. Medical workers often combine the functions performed. But far. The Resolution of the Ministry of Labor No. 41 in paragraph two provides a list of what does not apply to this species:
- medical examination, involving a one-time payment;
- fulfillment of work without a full-time position in the same or other organization (here also refers to the schedule on the schedule exceeding the standards of working time);
- consultation with highly qualified specialists, the volume of which does not exceed 300 hours per year.
In addition, for medical and pharmaceutical workers, a part-time working day has been established. It is also indicated in the Resolution of Mintrud No. 41 in subparagraph "b" of one. 
Pregnant women who are busy in several employers have the right to receive maternity benefits for each job. External combination is considered in this case full-fledged activities. The future mother can qualify for "maternity" payments in full for each contract of official employment. Thus, according to Law No. 235-FZ (Article 11, paragraph 2), pregnant women can count on the maximum amount of payments and mainly, and at an additional place of work.
Persons who occupy senior positions in organizations can be paid by part-time work only with the consent of the authorized legal entity (authority) or the owner of the company. Earlier, before making a decision by the Supreme Court of 14.12.2000 № GKPI2000-1293, the partification was prohibited. According to Article 276 of the TC, the head that holds senior positions in several organizations should not be part of the bodies that monitor and supervise this company.
Who is the part-time job forbidden?
Despite the widespread dissemination of this type of employment, the law establishes some restrictions. They are applied to indicate those who have and have no right to perform this work. There is a list of persons for whom combination is not allowed. These include:
Documents that are needed for registration
Article 283 of the TC contains a list of paper necessary for employment. This documentation contains all personal information that can be requested by the employer. For registration you need to imagine:
- identity document (passport or any other);
- a document confirming the availability of education (diplomas, certificates or their certified copies);
- documents confirming the qualifications, level of training (or their certified copies);
- documents depending on the specific post claiming the applicant (if the work will be held in difficult or dangerous conditions, a certificate will be required from the main place of work on the nature and working conditions)
In addition to those listed above, it may be necessary:
- for military-ridden and subject to conscription, the documents of military accounting;
- insurance certificate of state pension insurance.
Do not forget about Article 65 of the TC, which says that it is forbidden to require the documents not contained in the laws and subtitle acts (codes, decrees, decrees). The employer has no right to request paper not established by law.
Conclusion of employment contract
When admitting part-time work, the presentation of the workbook is not required. At the request of the employee, information can be made at the place of main activity. The contract for compatibility is in general manner. It must be compiled in two copies and signed by the parties. In the employment contract, there must be a mark that work is part-time. Each of the parties takes one copy.
If a partification is assumed at the place of main work, it is possible to conclude an urgent contract. The initiator of such a contract can be both an employee and an employer. Article 57 of the TC contains a list of information that must be specified in the contract. These include:
- data on employee and employer (full name);
- information about the identities of the employer and employee of the documents;
- date and place of conclusion of the contract;
- labor function (position);
- compensation;
- mode of operation;
- conditions for recreation, vacation, etc.
For an indefinable time, the contract with a part-time person can be terminated if a full-time officer will be hired by a position. The head is obliged to notify the part-time about this in writing in two weeks.
Article 284 establishes the duration of working time. As indicated in the law, it cannot exceed four hours a day. This restriction is not applied, if the employee is not engaged in the main place of work (temporarily removed - Article 73 of the part of the first or fourth TC; suspended work - Article 142 Part Two TC). In the days, when the employee is free from the performance of responsibilities for the main work, he can work on a part-time full day. When recalculating the total number of hours, part-time work should not exceed half of the time occupied on the main work, for the reporting period (month, half a year, etc.).
Salary and vacation 
The main document that determines the order and size of salaries is an employment contract. It is prescribed indicators, depending on which the calculation will be made. They can be spent time performed by volume or other specified conditions. If there are any allowances or wage coefficients, they are also taken into account for part-time persons. In employed part-time employees, the same labor law standards are applied as on ordinary employees.
For partners, it is assumed to provide holidays. As a rule, it is drawn up at one time with holidays on the main work. If the employee holds a position for less than six months, then leave is provided by an advance. If the annual paid leave on the main work is more than on combined, then the extension of leave is provided without the possibility of saving salary.
Compactation - one of the ways to increase your income. For employers, it is the ability to reduce the tax burden. Additional employment within the limits established by law helps an employee to implement themselves in its or related fields. A compatibility agreement can be enclosed with both the current employer and new. At the same time, their number is not limited. An employee is entitled to combine several works subject to the requirements established by the law.
