Combination and part-time work - what is the difference between the forms of labor relations? The article is devoted to a comprehensive consideration of the issue.

Part-time employment - the fulfillment of additional labor obligations in their free time from the main job, both in the same place and in another. Combination is possible within labor day at the main place of work.

The latter is permissible when fulfilling the main obligations, including the combination of positions. It can only be internal.

Labor Code on combination and part-time work

Article 151 of the Labor Code of the Russian Federation gives the right, from a written application of an employee, to entrust him with the performance of additional duties. Similar to the main ones, or different from them.

This also applies to the tasks of the temporarily absent employee assigned to another along with his own.

The conditions for combining (the scope of the work, the scope of the functions performed, the term of cooperation) are established by the head in agreement with the contractor, which is confirmed in writing.

The difference between combination and combination is obvious in the design:

• When combining, an agreement is not concluded, an additional agreement is drawn up to the existing one (the date of the start of work, its completion. It does not happen indefinitely).
• According to the norms established by the Labor Code of the Russian Federation, when registering a combination, an order is issued to start activities.
• There cannot be several combination jobs, but it is not reflected in the work book.
• Providing additional rest time for those who combine is not allowed. But when calculating sick leave, vacation pay, all payments that have been made are taken into account.
• Dismissal when combining occurs at the end of the term of the agreement or at the request of either party. Interested must notify the second for three days.
• The Labor Code of the Russian Federation allows the simultaneous combination and combination of professions and positions.

Russian legislation makes it possible to receive additional income by combining or combining functions both at one enterprise and at several.

Part-time Labor Code of the Russian Federation

As mentioned earlier, this form of labor relations is possible in a period free from the fulfillment of professional obligations. Only if you have a main job.

Compatibility happens:

• Internal involves additional, drawn up in accordance with the Labor Code of the Russian Federation, duties at the enterprise where the main work is.
• External - in a third-party organization.

The number of combinations is not limited.

When applying for a part-time job, the employee provides the manager with the same list of documents as when applying for the main place, with the exception of the work book. An agreement is concluded, the head of the enterprise issues a decree on the commencement of activities.

In accordance with the Labor Code of the Russian Federation, the length of the working day of a part-time worker cannot be more than four hours and, accordingly, 20 per week. This is reflected between the employee and the employer.

But there are exceptions. The existing restrictions do not apply to the following cases:

• when at the main place, in connection with, the employee’s activities are suspended (part 2 of article 142 of the Labor Code of the Russian Federation);
• when the employee is suspended from fulfilling obligations at the main place for medical indicators, and it is not possible to provide another type of activity (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

Additional seat data may be . Payment to part-time workers occurs according to a separate personnel number for the entire duration of the contract.

Vacation for an employee for additional duties depends on the schedule at the main place of employment. The employer must provide it at the same time. If the duration of the holidays does not match, the rest period is equalized due to one more, but without saving wages at part-time jobs.

Vacation pay, sick pay, etc. social guarantees, provided to an officially registered (insured) person, are paid both at the main job and at the second job.

• underage;
• prosecutors, police officers;
• judges, lawyers;
• the leadership of the Central Bank;
• working in hazardous or heavy production, if the additional conditions are similar;
• employees of government, state, municipal institutions;
• drivers Vehicle, traffic controllers cannot perform the same functions in both positions.

There are features of part-time work conditions in some areas. They are defined by the Labor Code of the Russian Federation and other laws and acts, for example, Decrees of the Government of the Russian Federation of 04.04.2003 No. 197 and the Ministry of Labor of Russia of 06.30.2003 No. 41 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers”.

Termination of labor relations concurrently occurs as in the main place. If it is open-ended, one of the parties notifies the other two weeks in advance. If it has a validity period, an extension is negotiated additionally. Otherwise, the employment relationship is automatically terminated.

Part-time employment, as a special phenomenon in the labor market, serves efficient use human potential in the field of labor relations and contributes to an increase in the overall level of material well-being.

In Russian legislation, part-time employment is singled out as a separate category of legal relations. Particular attention of the Labor Code of the Russian Federation is paid to the conclusion and termination of employment contracts of this category. legal relations, providing benefits, caring for, and providing state guarantees.

What is a part-time job?

In accordance with the labor legislation of the Russian Federation (), part-time work is understood as the performance by an employee of additional work functions for the same or another employer in his spare time from his main work duties.

The basic features of part-time work according to the Labor Code of the Russian Federation are:

• Registration by concluding an employment contract.
• Fulfillment in free time from official duties, which are the main ones, including rest time and days off.
• Paid by the employer.
• Allowed with any number of employers.

In the order of the employer on the admission of an employee to a position, as well as in the contract, it must be indicated that he will be a part-time job.

The legislation notes that not every case can be recognized as part-time work.

For example, a combination is not:

• One-time medical examination (with a one-time payment).
• Providing advice to citizens if the time spent on this does not exceed three hundred hours a year.
• Performing work in accordance with a position that is not officially included in the staff of an organization or enterprise.
• Over-scheduled duty.

Regulatory norms of the Labor Code of the Russian Federation

Main normative act, regulating part-time work, is chapter 44 (articles from to) of the Labor Code of Russia and Decree of the Government of Russia dated November 4, 2003 No. 197, which states that the features of such work of certain categories of subjects of labor relations, for example, teachers, pharmacists, physicians, cultural workers and others, are determined by the Ministry of Labor of the Russian Federation of August 7, 2003, No. 41.

Attention

The definition of this type of legal relationship is also given in article 60.1 of the Labor Code of the Russian Federation. At the same time, it should be remembered that, which allowed part-time employment exclusively for a position or profession other than the main one, has lost its force (valid until October 6, 2006).

Difference from combination

Despite the similar sound, part-time work must be distinguished from combination.

As mentioned above, part-time work according to the Labor Code of the Russian Federation is an additional activity under an employment agreement, free from primary job function time. And combining () is additional work without breaking away from its main labor functions(positions).

Additional Information

Part-time work can be issued both with the same employer and with different ones. And the combination, as a rule, occurs under the supervision of the same boss.

Part-time is issued, as well as the main labor activity, by signing an employment contract, including for an indefinite period. When combined, the employer and his subordinate sign an additional agreement to the contract, which clearly establishes the deadline for performing additional job duties.

Also, with part-time employment, an entry can be made on the admission of a citizen for such work in the work book, when combined, nothing is entered in the work book.

Working time

The total duration of the working day for a part-time job according to the Labor Code of the Russian Federation should not exceed four hours. At the same time, if we take one accounting period (for example, a week), then the duration of part-time work should not be more than half for the same period established by the Labor Code of Russia. So, if such a duration by law is 40 hours, (), then part-time work 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 for a certain period from performing his duties at the main place of work - then he has the right to work part-time on a full-time basis.

Also, the law (in particular, the Labor Code of the Russian Federation) establishes a reduced working time for certain categories of workers. So teachers can work no more than 36 hours a week (), the duration of the work of numerous cultural workers is specially stipulated in collective agreement institutions or organizations and may differ from what is enshrined in the Labor Code of the Russian Federation, but not in a big way.

Doctors can work no more than 39 hours a week (). All this is also taken into account when hiring part-time. In accordance with article 282 of the Labor Code, in some cases, a monthly norm of working time is allowed for workers in these categories.

Dismissal

The dismissal of a part-time worker occurs on the same grounds established by legal norms as the dismissal of an ordinary employee.

The employer does not have the right to dismiss a part-time worker during the period of his disability (illness) or being on vacation (). And by the prescription of article 180 of the Labor Code, in connection with or the number of employees at the enterprise, it is possible to dismiss a part-time job only against a receipt handed to him at least two months before the dismissal.

Attention

The only exception is established for this category of subjects of labor relations by article 288 of the Labor Code, which states that a part-time job may be deprived of a position if a person for whom the same position will be the main one can be accepted in his place. In this case, the employer must notify the part-time employee about this two weeks before terminating the contract with him.

In case of external - all calculations must be made with the dismissed person no later than the day of his official departure from office. If the employee on that day stopped performing his direct official duties, then due to him wage and other payments must be made no later than next day after the dismissed person has made such demands.

The same rules apply to dismissed citizens working on a part-time basis. If the reduced part-time job retains the position for the main job, according to the Labor Code of the Russian Federation, he does not have the right to severance pay in the amount of the average monthly salary.

Information about the dismissal of a part-time worker is entered in the work book as follows:

• For the main job, a certificate from the job where the citizen worked as a part-time job and a copy of the order on his dismissal are provided.
• Application of a citizen to make an appropriate entry in his work book.
• The employer issues an order to record information about the dismissal in the book.
• An entry is made in the work book.

sick leave

According to the Labor Code of the Russian Federation, a part-time worker has the full right to pay for his sick leave, that is, for disability leave, if he himself falls ill or his family members who need care fall ill. But on one condition: continuous, for two years, performance of official duties with the same employer ().

With internal part-time, in order to receive benefits, the employee must provide only a certificate of incapacity for work issued to him in a medical institution.

With external- he must have two such sheets in his hands, which must be presented at two places of work. In an organization where an employee works on an external part-time basis, his sheet should contain a note about this, and the details of his main place of work (another organization) should be indicated.

Nuances

The law allows you to take a person to a position on a part-time basis, even if it implies full liability. In this case, an appropriate contract is concluded, the form of which is provided for by 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 coefficients of bonuses to wages, the remuneration of a part-time worker is made taking into account these bonuses.

When going on vacation, part-time workers should be guided by the time of the onset of the annual paid leave for their main job, since the time of their calendar periods should coincide. In the event that a person has not worked in a part-time position prescribed by law six months, leave is given to him in advance (Article 286 of the Labor Code).

Each employee may, in his spare time from his main job, perform other regular work in the same organization where he currently works, or in any other enterprise. Such work is called part-time work (Article 282 of the Labor Code of the Russian Federation).

General information

labor law The RF defines what internal combination means. Part-time workers are those employees who, in their free time from their main work, perform other regular work for the same employer (Article 60.1 of the Labor Code of the Russian Federation). This type of employment should be distinguished from combining professions (positions) and increasing the volume of work at the main place of work. In contrast to internal part-time employment, when combining professions (positions), an employee performs additional other work (in a different position (profession)) during the working day along with the main job. When combining professions (positions), both the employee and the employer have the right to prematurely refuse to perform additional work. When answering the question of how to arrange an internal part-time job with one employer, it must be taken into account that the internal part-time job is already working for this employer at the main job.

Restrictions on the performance of internal part-time work

When deciding whether to register an employee as an internal part-time job, it should be borne in mind that not every employee can be hired in this capacity. The law does not allow the employment of the following categories of employees on an internal part-time job:

• persons under 18 years of age (Article 282 of the Labor Code of the Russian Federation);
• persons employed in work with harmful and (or) hazardous conditions labor, if the main work is associated with the same conditions (Article 282 of the Labor Code of the Russian Federation);
• employees engaged in driving vehicles or managing the movement of vehicles, if, when working on an internal part-time job, this employee will perform similar works(Article 329 of the Labor Code of the Russian Federation);
• other categories of employees in respect of which the ban on part-time employment has been introduced by separate federal laws (employees of internal affairs bodies, state and municipal employees, prosecutors, judges, etc.).

Internal part-time work: documents provided by the employee

Since the internal part-time worker is already working for this employer, in most cases the employee does not need to provide any additional documents. The provision of additional documents by the employee will be required only if special knowledge is required to perform additional work in another position. In this case, the registration of internal part-time jobs for different positions should be carried out when the employee provides a document on education (qualification).

Features of the design of an internal part-time job

The peculiarity of the design of an internal part-time job is that the employee is already working in the organization and an employment contract has already been concluded between him and the employer. And yet, when registering such labor relations with an employee as an internal part-time job, the Labor Code of the Russian Federation requires the mandatory drawing up of a separate labor contract with this employee (Article 282 of the Labor Code of the Russian Federation). Such an employment contract must necessarily contain an indication that the work performed by the employee is a part-time job. It should be noted that a fixed-term employment contract can be concluded with an internal part-time worker (part 2 of article 59 of the Labor Code of the Russian Federation). As well as when hiring for the main job, the employer, when hiring for an internal part-time job, issues an order to hire an employee. The order (as well as the employment contract) must contain an indication that the employee is hired part-time (Article 68 of the Labor Code of the Russian Federation). Considering the limitations of the legislation regarding the duration of part-time work - no more than four hours a day (part 1 of article 284 of the Labor Code of the Russian Federation), it is important to pay attention to the need to keep separate records of working time (from the main job) in relation to the internal part-time job (article 91 TC RF). An entry in the work book on the performance of work on the terms of an internal part-time job is carried out only if the internal part-time job requires this from the employer (part 5 of article 66 of the Labor Code of the Russian Federation). Otherwise, the registration of hiring an employee on the terms of internal part-time employment is carried out by the employer in a manner similar to the procedure for hiring an employee at the main place of work.

Labor Code, N 197-FZ | Art. 282 of the Labor Code of the Russian Federation

Article 282 of the Labor Code of the Russian Federation. General provisions on part-time work (current edition)

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided 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 work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

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Commentary on Art. 282 of the Labor Code of the Russian Federation

1. In accordance with part 1 of the commented article, part-time work is work under an employment contract if:

The employment contract is concluded by an employee who is already a member of labor relations with the same or with another employer;

Under this contract, work other than the main one is performed;

The work performed under this employment contract is regular and paid;

Other work is performed by the employee in his spare time from the main job.

2. The employee has the right to conclude employment contracts on part-time work with an unlimited number of employers (part 2 of article 282). At the same time, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. Exceptions are cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of the organization has the right to work part-time for another employer only with the permission of the authorized body legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (see comments to Article 276).

3. According to part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under a different employment contract with the same employer is called internal part-time work, and with another employer - external part-time work (see comments to Article 60.1).

The commented article allows work in the order of internal part-time work both in the same specialty (profession or position) in which the main work is performed for this employer, and in another. In other words, an employee can work both externally and internally in any specialty, profession or position stipulated by an employment contract, incl. and in the same way as in the main work.

4. When concluding an employment contract for part-time work, it, along with other mandatory conditions, must indicate that the work is part-time work (part 4 of the commented article; see also comments to article 57). Both internal and external part-time employment are formalized by an employment contract concluded in writing. In doing so, must be observed general rules established by Art. Art. 67, 68 of the Labor Code (see comments to them).

Having concluded an employment contract on part-time work, the employee acquires, under this contract, the appropriate legal status, which does not change automatically due to changes occurring at the main place of work. For example, if an employee stops labor relation with the employer at the main place of work, then part-time work does not become the main one for him. This conclusion follows from the content of Part 4 of Art. 282, according to which the condition of part-time work is prerequisite employment contract, and Art. 72 of the Labor Code, which provides that changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and in writing (see comments to article 72).

5. Part 5 of the commented article provides for which categories of workers and under what conditions part-time work is prohibited.

In accordance with it, in all cases, part-time work of persons under the age of 18 is not allowed.

Persons engaged in their main job in jobs with harmful and (or) dangerous working conditions may work part-time, provided that the work performed in part-time work is not related to the same conditions, i.e. harmful and/or dangerous.

Employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles. The list of jobs, professions, positions directly related to driving vehicles or managing vehicle traffic is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (see comments to Article 329). At present, such a List is approved by Decree of the Government of the Russian Federation of January 19, 2008 N 16.

It is not allowed to work part-time in other cases, if it is expressly provided for by federal law.

So, according to Art. 21 of the Law on state and municipal unitary enterprises, the head unitary enterprise not entitled to: be a founder (participant) of a legal entity; hold positions and engage in other paid activities in government bodies, organs local government, commercial and non-profit organizations, except for teaching, scientific and other creative activities; study entrepreneurial activity; be a sole executive body or a member of a collegial executive body commercial organization, except for cases when participation in the bodies of a commercial organization is part of the official duties of this head.

6. Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in accordance with part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations.

The Government of the Russian Federation by Decree of 04.04.2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" instructed the Ministry of Labor and Social Protection of the Russian Federation to establish such features in agreement with the Ministry of Health of the Russian Federation, the Ministry of Culture of the Russian Federation and the Ministry of Education and Science Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Judicial practice under Article 282 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Definition N APL17-146, Board of Appeal, appeal

  Contrary to the arguments of the appeal, paragraphs 10, 12 of the Rules do not conflict with Articles 282-288 of the Labor Code of the Russian Federation, which regulate the specifics of the work of persons working part-time ...

• Decision of the Supreme Court: Definition N APL12-291, Board of Appeal, appeal

  He pointed out that the regulations he contested did not comply with Articles 37, 44 of the Constitution of the Russian Federation, Articles 282, 283, 331 of the Labor Code of the Russian Federation, Articles 53, 56 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" and violate his constitutional right to work and freedom of teaching...

• Decision of the Supreme Court: Determination N 2-APG16-2, Judicial Collegium for Civil Cases, appeal

  According to Art. 282 of the Labor Code of the Russian Federation, part-time employment is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job ...

It should also be taken into account what exactly the employee spends on the main job. large quantity hours.

Some also believe that the main work for the worker is the work that the worker himself considers the main one.

Where is the concept used? main job«

Despite the fact that the Labor Code does not contain a definition of the term “main job”, in the code itself, one can find many references to the concept itself.

So in article 60.1 of the Labor Code of the Russian Federation it is said that an employee has the right to conclude employment contracts for performance in his free main job time of other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job).

Article 66 of the Labor Code of the Russian Federation already says that if the employee wants, then information about part-time work is entered in the work book at the place main job.

Thus, we can conclude that the main job is only the job that is not a part-time job.

For those who are undergoing training, payment is also provided in case of release from work in the amount of 50% of the average salary according to main place work.

If an employee has a part-time job, then he can work no more than 4 hours a day, but if he is absent on that day work at the main place of work can work full time.

Vacation during part-time work is granted at the same time with leave from the main place of work.

You should be aware that study leave, as well as allowances for work in the regions of the Far North, are possible only for employees at their main place of work.

If an employee who performs part-time duties is replaced by an employee at the main place of work, then the part-time worker has the right to be fired, that is, the employee with the main job has priority over the part-time job.

Can there be two main jobs

Considering that the law does not define the concept of main job, then there is no need to talk about the ban. Therefore, there will be no punishment for the employee. There may be problems, for example, when receiving sick leave, which is issued in a single copy (for one company). On the other hand, all problems are solvable. By and large, the tax and pension authorities do not care: money comes to the fund, taxes are paid (if you do not file for deductions twice). If the length of service is imposed, then the worst thing is that only one will be taken (at the choice of the employee).

Thus, having several main jobs is not forbidden, nor is it allowed.

conclusions

Main job- the term is extremely interesting and important. IN Labor Code there is no such term, but there are references to it in the same TC. The main work can be considered work for the employer to whom the work book is transferred. As a consequence, several work books for several employers - a sign of several main places of work.