In the modern labor market, part-time work is considered a fairly common phenomenon. The economic situation in the country leads to the fact that providing the necessary standard of living through wages alone is becoming harder and harder, and the financial proceeds from the side job will not be superfluous. How to arrange a second job without violating labor law and without creating unnecessary problems for yourself, how is it regulated?
General information
Part-time work is regulated by article 282 of the Labor Code of our country (the main provisions are stated). This concept is often confused with combination, however, two terms are used to denote different work processes. So, in the first case (part-time):
- An employment contract is drawn up for each type of activity, drawing up additional agreements is not quoted and is not allowed.
- Additional work is allowed not only within one organization, but also in other, third-party firms.
- The impossibility of fulfilling labor duties in parallel with the main work, the need to fulfill the tasks set by the employer in his spare time from his main employment.
Types of combination
Part-time work, as mentioned above, can be both internal and external. Each type of activity has its own distinctive characteristics:
- Inner. It is carried out at the place of main work, at the same employer. In this case, in addition to the main contract, an additional one is concluded for a new activity.
- External. It is carried out in another company or even companies on the condition of concluding an employment contract and fulfilling duties in free time from the main work.
Rules for registration
How do part-time jobs take shape? A work book is not required for this, but the following documents will be necessary for you:
- Passport (any other identification card).
- Diploma or document confirming education, as well as its officially certified copy (at the request of the employer to confirm the availability of special knowledge).
- Certificate from the main place of employment when applying for "hard" or harmful work.
- SNILS.
If desired, information about the second place of work can still be entered in the work book. To do this, you must provide the personnel department of the main company with a certificate or a copy of the order for admission to an additional position.
The list of documents required for submission is enshrined in article 283 of the Labor Code; a refusal to provide additional papers by a potential employee cannot serve as a reason for rejecting his candidacy in the fight for a vacant position.
Time to do extra work
How is the main work and part-time work combined? Temporary standards for additional employment are negotiated in an employment contract on an individual basis by agreement of the party. It should be noted that the weekly rate of combination (at 40-hour work week) it is equal to 20 hours, daily - to 4 hours, on weekends (from the main work), part-time workers can work in full. The time spent is recorded in a time sheet.
In certain cases, additional work is allowed during the main one. This situation is acceptable in the following cases:
- Suspension of core business due to delayed wages for a period of 15 days.
- In temporary suspension from work due to compelled circumstances (the need to transfer to another vacancy for medical reasons and its absence in the asset of the employer).
Social benefits
Do part-time jobs mean any social benefits? The Labor Code of the Russian Federation contains clear information in this regard. For example, an employee at an additional job has the right to rely on receiving leave at the same time as an official vacation at the main place of work (information is provided in 286 article TC). Vacation is possible even if the employee did not work for six months in the second job, in which case he is provided in advance. To do this, it is enough to provide a certificate (or a certified copy of the order) on leave from the main job.
Translations
How is the transfer from part-time to the main job carried out? To perform such manipulations, a number of conditions must be met:
- Dismissal from the past main job.
- Registration of a work book in accordance with standard regulations.
- Registration of personnel documentation (termination of part-time jobs and the conclusion of a new contract or amendments to the part-time labor agreement).
Since the part-time work and the main work are significantly different from each other and are regulated by various provisions of the Labor Code, it will be more rational to formalize the transition of relations more seriously than with one additional order to a previously existing employment contract.
It should be noted that the employee from the main place of work - with his consent and on certain conditions - can also be transferred to part-time jobs.
Payment of benefits and wages
How is part-time work paid? The Labor Code of the Russian Federation regulates this issue by Article 285. In most cases, potential part-time workers are interested in whether they have the opportunity to receive half or more than half of the salary indicated in the staff list for the proposed position? The reason for this is that in most cases they are required to work out half of the numbers indicated in the staff list.
In fact, the payment of wages in this case does not always depend on the amount of time worked, it is also determined by the conditions of the concluded labor contract. They allow you to assign a salary of absolutely any size.
Employers must be extremely responsive to this issue. If the main employee also works in a similar position, then his salary must coincide with the part-time salary in order to exclude the situation of infringement of one of the parties (violation threatens with a fine of 50 thousand rubles according to the administrative code).
The part-time salary is paid at least 2 times a month, it is also necessary to take into account that pregnant women have the right to receive payments and all the benefits stipulated by the state (if the woman worked in one place part-time for 2 years or more.
Limitations for Concurrent Employment
In what cases is it impossible to work part-time? There are certain restrictions on the possibility of part-time work stipulated in labor legislation. So, to perform additional work is not allowed to persons:
- Under the age of 18.
- Already working in hazardous or hazardous industries.
- Those working in transport, civil servants, judges, lawyers, police or prosecutors, heads of educational institutions, deputies.
Certain restrictions exist for educators, pharmacists and doctors, as well as cultural workers.
Dismissal and its features
How can part-time work be completed? Dismissal order compiled on any legal basis provided in the Labor Code.It should also be noted that the employer will need to comply with all existing legislation to terminate the contract, for example:
- It is not allowed to dismiss an employee on vacation or on sick leave.
- In case of staff reduction, it is required to notify the employee about this in advance (2 months for signature).
Hiring a part-time job on an ongoing basis gives rise to another nuance for possible dismissal. So, if the main employee was selected for this position, it would be quite possible to refuse additional services on completely legal terms. For this, 2 weeks before the dismissal, it is necessary to notify the employee of upcoming changes in writing.
In all cases, the final settlement is made no later than the day of dismissal. If on this date the employee does not fulfill his labor duties, the calculation term is postponed to the day after the receipt of the official demand from him. In addition to the full payment of funds, the employee is provided with the requested set of documents.
