Do I need to make an entry in the work book when working part-time: what documents will be required for this. External part-time job or how to work in two places at once
Today, you can hardly surprise anyone with part-time work: it has become quite common. Moreover, such an organization of labor is beneficial not only to the employee who gets the opportunity to earn extra money, but also to the organization itself. After all, it happens that a full-time employee is not required or a small amount of work allows you to use an internal or external part-time job. About what are the features and nuances of such cooperation - read the article.
04.09.2009"Moscow accountant"
Law on part-time work
According to the Labor Code of the Russian Federation, there is no restriction on the number of jobs for citizens, therefore, if there is a desire and strength, any of us can work at least 10 positions. Can a person get a part-time job without having a main job, we asked the leading specialist of the Human Resources Department of RetailComStar, Yulia Nazarova:
If an employee carries out activities under several employment contracts, then one of them must be regulated by the rules, as for the main place of work, while the rest of the contracts must stipulate that the work is part-time (Article 282 of the Labor Code of the Russian Federation). In addition, the order for admission to the service (form No. T-1) also necessarily indicates the nature of the upcoming activity “part-time” (post. Goskomstat of Russia dated January 5, 2004 No. 1).
Thus, to work only as a part-time job, as well as to have several main jobs, the Labor Code prohibits. First of all, this is due to the fact that the employee should have only one work book, and part-time employment in it can be indicated in a separate line. The entry is made by the main employer, according to supporting documents from another place of work on part-time admission (Article 66 of the Labor Code of the Russian Federation).
Set limits
Traditionally, a distinction is made between internal part-time work (when an employee works under two or more employment contracts in one organization) and external part-time work (when an employee works in several organizations at once). In the first case, all the necessary documents are already with the employer. Additionally, only a diploma (copy) or other document on education or training may be required, confirming the competence of an employee in another profession.
If an employee gets a job at a new enterprise for himself, then it is enough for him to have a passport or other identity document - a work book is not needed here. The employer also has the right to demand a document on education, or its certified copy. And also, when applying for a part-time job, as well as when applying for a job at the main place of service, a certificate of state pension insurance is required.
There are certain co-op restrictions. For example, it is forbidden to work in several organizations at once if the working conditions are both dangerous or harmful. Therefore, in accordance with Article 283 of the Labor Code of the Russian Federation, when hiring for hard work, a part-time worker is required to present a certificate of the nature and working conditions at the main place of service. It is also prohibited to combine positions related to driving vehicles or managing their movement (Article 329 of the Labor Code of the Russian Federation).
Article 11.1 of the Federal Law “On Banks and Banking Activities” (Federal Law No. 395-I of December 2, 1990) establishes restrictions on part-time work for heads of credit institutions. It is forbidden to have two or more positions for civil servants (the regulation does not apply to employees of scientific, teaching, creative and medical activities).
Svetlana Zamoluyeva, a specialist in the personnel department of the Reika company, advised how best to register such employees:
It is better not to involve employees of state structures as part-time workers. We once had the head of a department of a state institution working under such conditions. When checking the control and audit department, this employee had to write an explanatory note, and there were also claims against us, although we are a private company. Well done without a fine, just warned. If such an employee wants to work for you, it is better to hire him under a contract, and the costs are less (only personal income tax is charged and UST and mandatory pension insurance payments are withheld), and you don’t need to keep a time sheet, and you won’t have to pay vacation. But here it should be noted that not every state enterprise is a state structure, for example, a plant is not a state structure, and, therefore, employees can be hired from such organizations without fear.
Restrictions also exist for directors of an organization who apply for a part-time management position in another company. To hire such a person, you will need permission from the authorized body of the company in which he is employed, or the owner of this organization. For example, a top manager of a joint-stock company who wants to take a position in the management body of another company must obtain the consent of the board of directors at the main place of work (clause 3 of article 69 of the Federal Law of December 26, 1995 No. 208-FZ).
In case of internal combination, the head of the company cannot be a member of the supervisory and control bodies of this organization.
tax question
When concluding an employment contract with a part-time worker, it must be taken into account that he is the same employee as the rest and the norms of all local acts of the organization apply to him, including a probationary period (Article 70 of the Labor Code of the Russian Federation) and internal labor regulations, provisions on bonuses, disciplinary or full liability.
The working time of a part-time worker should not exceed half the working day of the main employee for the same period. The restrictions do not apply if the part-time worker at the “main” place of work has suspended his labor activity, including due to salary delays, or has been suspended from service in accordance with a medical report (Articles 284, 142, 73 of the Labor Code of the Russian Federation).
Accordingly, a part-time worker can receive no more than half of the amount of payment of the main employee for his work. At the same time, the full salary is indicated in the employment contract with the proviso that the employee is accepted on a part-time basis with remuneration in proportion to the hours worked (Article 285 of the Labor Code of the Russian Federation). Orders are made in the same way.
But it should be noted that there are circumstances that allow you to pay a part-time job more than the established salary. The fact is that the Labor Code provides for the possibility of remunerating such an employee depending on the output (Article 285 of the Labor Code of the Russian Federation). Thus, when setting standardized tasks, it is possible to pay the amount of the full salary if the part-time worker performs the amount of work corresponding to the norm of the main employee. At the same time, the amount of time spent on the performance of the work does not matter.
Part-time workers can be set bonuses, additional payments, and be paid material assistance, if they are provided for by the conditions of remuneration for this position. At the same time, the amount of compensation, again, should not exceed half the salary for the position, otherwise it will not be possible to take it into account as expenses when taxing profits (letter of the Ministry of Finance dated February 1, 2007 No. 03-03-06 / 1/50. and letter Federal Tax Service of Russia for Moscow dated September 30, 2005 No. 20-12 / 69936, you can find the full version of this document in the legal reference system ConsultantPlus).
The issue of taxation in this case has its own nuances. So, a part-time worker can use the personal income tax exemption only at one of the enterprises. And if an employee writes an application for a benefit, it would be quite legitimate to ask him to bring a certificate from his main place of work that he does not use this privilege there. And for internal part-time workers, the object of personal income tax is formed from all RFPs.
Sick leave allowance is provided both at the main place of work and part-time. Accordingly, the employee is issued several certificates of incapacity for work according to the number of places of work. The amount of temporary disability benefits cannot exceed a certain limit (in 2009 - 18,720 rubles) for each place of work. All employers also pay maternity benefits (the limit in 2009 is 25,390 rubles).
A part-time worker has the right to annual leave, by the way, it is provided simultaneously with the “holidays” for the main job. In this case, the employee must be released from work, even if 6 months have not passed. If the duration of rest at the main place of service exceeds part-time leave, at additional work for the difference in days, days off are provided at their own expense. And also the part-time worker has the right to receive compensation for unused "holidays". But study leave for part-time workers is not provided, but if this is provided at the main job, in another organization, the employee is allowed to take unpaid days off.
The term of the employment contract for part-time work is established by agreement of the parties. Article 59 of the Labor Code of the Russian Federation provides for the right of the parties to conclude TD with part-time workers for a period of not more than 5 years.
Dismissal or transfer?
The transfer of an external part-time worker to the ranks of the main workers can be done in two ways. The first way involves registration through dismissal. At the same time, the termination of the TD on part-time work is coupled with the mandatory payment of compensation for unused vacations.
When concluding a new employment contract, it becomes possible to establish a probationary period for the employee. Meanwhile, the employee's seniority is interrupted, which means that the right to the next annual leave will appear only after 6 months of continuous work in the company.
There is also a second way. According to Rostrud specialists, if an employer transfers a part-time job to a full-time job, then it is not at all necessary to first dismiss him (Rostrud letter dated October 22, 2007. No. 4299-6-1). You can simply make changes (indicate that the work is the main one, fix the new mode of work and other conditions) in the employment contract for part-time work.
At the same time, the wording of the entry made in the work book will depend on whether a note has already been made in it about part-time work or not. If yes, then following the record of dismissal from the previous main place of work, data on the new place of service should be entered, specifying from what date work in this position became the main one for this employee.
If a record of the period of part-time work was not made, then a note is made about hiring, indicating the time during which he worked as a part-time job. At the same time, in column 2, the first day of part-time work is indicated as the date of admission to a new place, and in column 4, reference is made to 2 orders - on admission and that the activity in this company has become the main one.
Other options
In addition to part-time employment, labor legislation also provides for the combination of positions. Along with the main duties, an employee may be assigned to perform additional work during the working day. For example, it could be:
Combination of professions (positions). Classical examples are the secretary-typist and the plumber;
Expansion of the service area or increase in the scope of work in the same profession (position). A more experienced worker can do more work during his main working hours. For example, instead of one machine to serve two;
Fulfillment of the duties of a temporarily absent employee (work both in another and in the same profession).
In such cases, the employee combines the performance of duties in two positions within the framework of the main working hours and must receive an appropriate additional payment for this. The period during which the employee will perform the duties assigned to him, their content and scope is set by the employer with the written consent of the employee (Article 60.2 of the Labor Code of the Russian Federation).
But you need to understand that not all positions can be combined, and if a locksmith wants to work as a watchman in his spare time, then he will have to conclude a separate employment contract and hire him as a part-time worker.
Seniority calculation
Personnel officers consider the length of service according to the entries in the work book: accepted - fired. If during this period a person is still working part-time somewhere, then this period still falls within the same time frame. Thus, when calculating the length of service, either one or another period of work is taken into account. Together they cannot be taken into account. According to article 282 of the Labor Code of the Russian Federation, part-time work is additional income.
Natalia
I was on maternity leave for 3 years and stayed at the enterprise for 2/3 of the rate and I am sitting at home. Can I get another job?
Part-time employment is the regular performance of paid work under an employment contract along with the main job. Part-time employment is characterized by the presence of another, main place of work under an employment contract, the signing of a part-time employment contract, work in free time from the main job, the regularity of this work and remuneration. It is important to correctly arrange work on external part-time work.
How to register an external part-time employee: working conditions
The Labor Code of the Russian Federation defines three main conditions for applying for an external part-time job:
1) Working hours;
2) wages;
3) Granting leave.
In the event of termination of the employment contract at the main place of work, the design of an external part-time job does not change. If the employee expresses a desire to switch to part-time work as the main job and the employer agrees, then the employment contract with such an employee as part-time worker is terminated and a new contract is concluded at the main place of work.
Guarantees and compensations to external part-time workers
Guarantees and compensations for persons registered in combination are determined by a separate article of the Labor Code of the Russian Federation - 287. All guarantees and compensations provided for by the Labor Code of the Russian Federation, the employment contract, LNA, the collective agreement, agreements between the employee and the employer must be provided to the part-time worker on an equal basis with the main employees of the organization. An exception is guarantees and compensations for persons working in the regions of the Far North (compensation for travel and baggage transportation to the place of rest during the holidays and back) and combining work with education, who are provided with guarantees and compensations only at their main place of work.
With which categories of employees it is impossible to issue a part-time employment contract?
Part 5 of Article 282 of the Labor Code of the Russian Federation prohibits the employment of persons under the age of 18, as well as part-time employment in hard work with harmful working conditions, if the main job is associated with the same working conditions.
Documents for registering an employee on an external part-time job
When hiring external part-time workers, the employer has the right to require the documents specified in article 283 of the Labor Code of the Russian Federation. The list of documents differs from the list at the main place of work: it is not required to present a work book (only a copy for calculating sick leave), military registration documents, since this account is kept only at the main place of work.
The document required for hiring an external part-time job is a passport or other identification document. If the job involves special knowledge, the employer may also require a diploma or other document confirming the education and qualifications of the employee.
Features of termination of an employment contract with an external part-time job
The same grounds for termination of the employment contract apply to part-time workers as to the main workers. There is an additional condition for terminating the contract with part-time workers, provided for in Article 288 of the Labor Code of the Russian Federation in the event that the employer is interested in hiring the main workers, and not part-time workers. This condition applies only to external and internal part-time workers who have an employment contract concluded for an indefinite period. The employer is obliged to notify at least two weeks before the termination of the employment contract of such a part-time worker that the main employee will be taken in his place.
For employees with fixed-term contracts in combination, this article cannot be applied.
Part-time work is additional work (regularly paid) under an employment contract. It is carried out in free time, without causing damage to the main. Russian law allows you to work part-time, only certain conditions must be observed.
Part-time working conditions are stipulated in the Labor Code of the Russian Federation (in Chapter 44). You can combine several positions with one employer or work for different organizations. At the same time, the contract states that the work is a part-time job. You cannot work part-time if:- the age of the employee is under 18;
- work is considered hard;
- working conditions are dangerous (harmful), and the main work is also associated with these conditions.
Thus, the law allows you to work in several positions (jobs), but establishes a number of rules that each employee must strictly observe.
An employee of one company / enterprise can work at a second job before work, after it or on his day off, and do this regularly and officially, with the execution of an agreement and the corresponding receipt of wages and all due payments. This form of labor is called external part-time - if the employee works at different enterprises, and internal part-time - if at the same one.
Moreover, it is quite officially possible to work not only at two, but also at three or more jobs. For example, on the main full-time, on the second - by 0.5, on the third - by 0.25. Internal and external part-time jobs are common in both public and private structures. And although the latter sometimes have more choices, the basic provisions remain the same for everyone.
Registration of a part-time job
According to the law, a person working in this way can and should be officially registered. They submit a standard package of documents to the personnel department: a passport, an identification code, etc. It is impossible to provide the original labor, since it is located at the main place of work, but a person has the right to demand, and the personnel department to issue a certified extract.
- an application is submitted from the candidate for employment, with the relevant documents attached;
- an employment contract is drawn up at the enterprise;
- the head of the enterprise issues an order on Even if there is no order as such, the contract is considered concluded from the moment the employee begins to perform his duties.
In the personnel and accounting department, a personal card is created for the employee and a personnel number is assigned.
Consolidation agreement
The contract is drawn up, as a rule, on the basis of the standard contract of the institution. And be sure to include the following information:
- date of compilation, name, details of the employee and employer and their signatures;
- rights and obligations of the parties;
- payment order;
- provisions regarding working hours and rest;
- information about the possibility and procedure for terminating the contract;
- document validity period.
The last point is quite important. The contract can be of two types - urgent and indefinite action. In the first case, it is valid until a certain period, after which it can be permanently terminated or extended further. In the second, it is valid until one of the signatories decides to terminate the external combination. An entry in the work book is made at the main place of work (at the request of the employee).
Probationary period and procedure for its appointment
The decision to appoint a probationary period is made by the head. If the position for which the employee is being hired involves a verification period, then he can be appointed.
Also, a probationary period can be appointed by the head if he considers it necessary (although the position may not require it). In any case, this should be reflected in the employment contract.
Working hours and wages
A part-time employee must not work more than four hours a day. Full-time work (but not longer) is allowed only if the main place is currently on a day off or vacation. However, these norms apply only to employees of private firms; there are no such strict acts. However, a person should not work more than 40 hours a week.
In general, it is desirable to take into account the time worked and maintain compliance - part-time work should not take more than half of the time spent on the main job.
The remuneration for such an employee is set by the manager, who can proceed from such indicators as the number of hours worked, the sales rate, the amount of work performed, etc. The allowances due to the main employees in such a position must also be taken into account. The methodology for calculating wages can also be reflected in all details in the contract.
In addition, there is a provision according to which external part-time work must be paid in accordance with the established minimum. If after calculation the salary is less, the legislation provides for additional payments.
Full time job
In terms of hours worked, an outside part-time worker cannot legally work full-time in both jobs. However, full-time wages are quite possible.
The salary is set by the employer, and he can assign the same salary to the external part-time job that the main employees in such a position receive. All these nuances must be present in the contract.
Working mode
The legislation regulates not only the duration of the work of a part-time worker, but also the conditions. If the main job is harmful to health, then the employer does not have the right to take the employee to the second, also with harmful conditions. If external part-time work involves difficult or harmful conditions, the employee should provide a certificate from the first workplace stating that he does not perform such work there.
The same applies to employees who manage traffic flows and drivers.
Maternity, educational and planned leave
External part-time workers are entitled to annual leave not less than the period established by the state, as well as to compensation in the event that the leave was not used. B should contain information regarding the procedure for providing, and its time is indicated in the vacation schedule of the enterprise
In addition, the Labor Code states that leave must be granted at the same time at the main and additional place of work. Its duration should also be the same. Since it is possible to issue an external part-time job without the knowledge of the main employer, the responsibility for compliance with this rule lies with the employee. It is advisable for him to warn both employers in advance and agree on dates.
If the employee worked at the second place of work for less than six months, the company must provide him with leave in advance. In the event that a person has more free days at the main place of work, at the second part-time job, he can take additional ones at his own expense.
In addition, an employee may take leave in the following cases:
- if he worked irregularly;
- if he performed work of a special nature;
- if he has sufficient experience;
- as a reward from the employer.
External part-time employment provides for the right to maternity and study leave. The first is provided for the same period both at the main and at the additional place of work. If an employee has worked at both enterprises for the past two years, she can receive maternity payments both there and there. Sick leaves are served in both places.
Childcare assistance, however, is only allowed by law for one job, and the mother-to-be is allowed to choose where.
As for educational leave, according to the law, it is provided on the basis of documents from an educational institution at the main workplace. Student benefits are also provided only there. The laws governing external part-time jobs do not provide for them for part-time workers.
The employee at this time can either take a vacation at his own expense, or continue to fulfill his duties - this will not be considered a violation, since the work is done in his free time part-time.
sickness benefit
Sick leave for external part-time employment is provided for by law, but only if the employee has worked for at least two years. Rather, such an experience gives the right to payment. If it is not there, then sick leave is paid only at one place of work.
Notes in the work book
As already mentioned, a person does not need to inform the management that he decided to get a second job and arrange an external part-time job. In this case, an entry in the work book will appear only if the employee himself wishes, on the basis of a document confirming the fact of work. The absence of such a record is not a violation.
Additional responsibilities and positions
Combination and combination are two rather similar concepts, but with specific differences. If during part-time work the second work is performed in free time from the first, then when combining positions or professions - during the main work, in parallel, without exemption from it. The performance of the duties of another employee during his absence is included here. The law does not limit the number of positions and jobs that one employee can perform.
Who can hold multiple positions
Previously, it limited the circle of specialists who were allowed to combine positions. However, in 2009 this changed. Now, according to the rules, combination is possible for any person, subject to his consent (here there is a serious difference from the conditions that part-time work puts forward for people: registration of cooperation at two or more enterprises is not allowed for police officers, some scientists and some other categories of citizens ).
The only restriction concerns the leaders of an organization or institution - people holding such positions cannot simultaneously perform supervisory functions, for example, be auditors.
Registration
For registration, it is necessary that the desired position is present in the staff list of the enterprise. The head of a state institution has the right to independently approve the staff list. The consent of the body that performs the functions of the founder is not required for this. Moreover, you can combine both a position for which a full rate is provided, and a position with 0.75 or 0.25 rates.
The scope and duration of the performance of duties is determined by the employer with the written consent of the employee. In practice, this is formalized by an order drawn up in a free form, in which the deadline, the volume of new duties, and the amount of the surcharge are entered. The employee must give his consent in writing, for example, by writing “I do not mind” on the order and putting his signature.
There is no statutory limit regarding the time during which an employee can perform combination work. Both the employee and the employer may terminate the combined work ahead of schedule - this should be notified in writing and no later than three working days in advance.
Payment
The legislation does not regulate the minimum or maximum amount of monetary remuneration, therefore the amount of additional payments is established by agreement of the parties. In state-owned enterprises, the amount is determined in relation to the salary for the main position. For example, plus 55% of salary, 0.25 salary, etc. However, although combination and part-time employment are quite well provided for by law, there are no clear and ambiguous calculation schemes for private firms. Here, how much a person will eventually receive depends largely on the decision of the leader.
Thus, an employee performing a combination of professions or positions should have additional payments. However, they are not required if the employee is doing additional work. In this case, a bonus is possible if it is provided for in the regulation on incentive payments, which is accepted in this particular institution.
Any person who works in the organization can conclude employment contracts with other enterprises and engage in additional labor activities in their free time. This is called collaborative. The main workplace differs from the organization where the worker works on a part-time basis in that the employee's work book is stored and maintained in this enterprise. Since the work book is a very important document, many personnel officers are interested in the question of whether it is necessary to make an entry in the work book about part-time work, and what documents are needed for this. Moreover, a person can work part-time both at the place of his main job (internal part-time job) or in another enterprise (external part-time job).
Part-time features
If a person gets a part-time job at the main place of work, he should be aware that his employer cannot require him to present any documents. This is explained by the fact that this enterprise already has everything that contains the necessary information about the employee.
Choosing additional earnings in another organization, the employee can independently choose whether to provide the new management with his work book or not. The adoption of this decision is the legal right of any working citizen of the Russian Federation, and not his duty. If, in the organization where the person got a part-time job, they require a work book, he can apply for the protection of his rights to a lawyer.
Employment book and part-time work
A work book is a document that contains all information about the work activity of an employee. Appropriate records of admission / dismissal / transfer are made in the personnel department at the main place of work.
Article No. 66 of the Labor Code of Russia states that a record of the fact of hiring a person for a part-time job is not mandatory. However, the employee himself can decide whether to enter part-time employment in the work book or not. A mark of part-time employment is made only at the main workplace. The basis for it is a document that becomes a confirmation of additional labor activity.
The only nuance is that there is no information in the legislation on whether the employee’s desire to make an entry about part-time employment in his work book in writing must be expressed, or an oral statement will suffice. One way or another, lawyers are advised to write a written statement, which will indicate the corresponding request to the manager.
Why do you need a partnership record?
It will be beneficial for any employee to insist that an entry be made in the work book about part-time work. This is argued by the fact that with its help, during subsequent employment, he will be able to prove that he has work experience in a particular position. Despite this, there are times when such a recording is undesirable. In particular, this applies to those cases where the management at the main workplace is categorically opposed to their employee having additional earnings.
The absence of a part-time record is not a violation of the rules of the Labor Code. However, labor relations between the manager and the part-time employee appear only after the signing of a cooperation agreement, which is considered a mandatory paper, regardless of the type of work.
Entering an entry on external / internal part-time work
After answering the question of whether information about part-time work is entered in the work book, it is necessary to tell in detail about the rules for issuing the corresponding mark in the work book. When conducting additional labor activity, the employee is obliged to provide a certificate to his main workplace, which is the basis for making a record of part-time employment. This document must state:
- name of the enterprise, structural unit,
- job title,
- employment date,
- organization details.
In addition to the certificate, the management from the workplace on a part-time basis will issue a copy of the admission order, which must be certified in accordance with the Labor Code of the Russian Federation. On this paper, the inscription “the copy is correct” is written, a stamp, position, full name and signature of the personnel officer are put.
An application for making a record of a part-time job is drawn up in free form and a copy of the certificate and order from the additional place of work is attached to it. The original certified copy of the order and certificate is stored in the employee's personal card at the main place of work or is invested in the work book.
In addition, it is necessary to consider the procedure for making an entry on internal part-time work and find out whether an entry is made in the work book about part-time work in the same structural unit. Since the record of part-time employment is the personal desire of the worker, labor activity in any position (including in the same structural unit of the organization that is the main workplace) can be indicated in the work book. To do this, the employee must draw up an application addressed to the head (in free form), and then the employer issues an appropriate order, on the basis of which the necessary entry is made in the personnel department. At the same time, the head must be aware that the legislation of the Russian Federation does not provide for a unified form of such an order, and therefore it can be drawn up in any form.
The entry itself, which testifies to the fact of part-time employment with one employer and is entered in the work book, is drawn up in the same way as the job mark. It should be written in the section with information about the work, indicating the serial number, date, name of the structural unit, organization and profession of the employee.
Entering a part-time record after dismissal
Lawyers are often asked whether it is possible to make an entry about part-time employment in the work book after the moment of dismissal from the main workplace. Since information about additional work will never be superfluous, the employee, if he wishes, can go to the former manager and ask him to make a note that at the time of his work at the main place of work he worked part-time in another organization. To do this, you will need to have with you a certificate of labor activity on a part-time basis (taken at the place of work by a part-time job). With this document, you should visit the personnel department of the former place of work, where his employee will make the necessary entry.