According to the Labor Code of the Russian Federation, external combining means the following. According to the current legislation, each employee receives the right in his spare time from his main job to find a second job in another organization. Taking into account the current circumstances, the existing legislative framework for the majority of workers makes it possible to increase their monthly income and at the same time acquire additional skills and experience. In addition, part-time workers have the right to the same compensation and guarantees as a number of key employees. What is the work of external part-time work?
What is a combination?
In the legislative framework there are such categories as combination and part-time employment. Many people confuse these types on the basis of similar names, but, in fact, they are completely different from each other both in the list of duties and the sequence of execution, and, in addition, in the guarantees provided.
Which article of the Labor Code of the Russian Federation reflects a combination of foreign jobs?
According to article No. 60 of the Labor code of the Russian Federation, combination is the maintenance of new duties without exemption from the main job. Based on the accepted standards, the employee has the right to carry out simultaneously with the main duties the activities of a temporarily absent person for an identical position for a fee, the amount of which is established in regional acts by the organization.
Consider the external combination of the Labor Code of the Russian Federation in more detail. Under it is understood the performance of labor functions in his spare time from his main activity in the same company with a position in the state, which entails the publication of an order on the conclusion of an employment contract, as well as on admission. In addition, for the part-time wage is paid, which is proportional to the time worked. His salary is fixed in the state schedule for the position for which he is applying.
Also, such an employee retains the right to receive absolutely all compensations and guarantees, which are provided for by the law. We are talking about the rights to annual leave, any allowances and surcharges that are provided for a particular position, as well as other benefits that should be provided to him both at the main place of business and additional employment. An employee signs an agreement on external part-time employment.
According to the norms of Article No. 282 of the Labor Code, part-time work is the same permanent work activity as a citizen’s employment in the main place.
All the features on the regulation of external dual jobs of the Labor Code of the Russian Federation are reflected, it gives a clear concept, the procedure for registering an employee, the duration of his work cycle, guarantees and compensation, payment of labor activity, as well as the dismissal procedure are given.
The employee must be provided with a work schedule, which will be established in his employment contract or in the internal regulations of such a process on an ongoing basis, and not in order to carry out certain types of activities. How to issue an external job combination for a bet?
Documents Provided
According to the legislative norms of the Labor Code, the list of documents that are provided by such a citizen during his employment must be presented with requirements identical to the documents that the main employee must submit on the basis of Article No. 65 of the corresponding code.Thus, he needs to confirm his identity, as well as his state of health, which will enable him to carry out the duties assigned to him in an appropriate manner.
Ignoring the fact that the employee is considered part-time as a full-time employee, and according to the norms of the law, all compensation and guarantees are specified for him, which are stipulated in federal laws, there are certain payments that are transferred only for the main place of work. In particular, this is a fee for student leave, compensation for excellent working conditions in the Far North and periods of disability.
Existing restrictions and nuances in hiring part-time workers
Can there be external full-time jobs? Let's figure it out. Article No. 282 of the Labor Code clearly states that each worker receives the right in his spare time to get a job in another place or to collaborate simultaneously with several institutions. But not all categories of citizens can combine different positions even at other enterprises.
The following categories of working citizens cannot act as external part-time workers under the Labor Code of the Russian Federation:
- Persons who have not yet reached the age of 18;
- employees whose activities at the immediate place of work cause harmful effects when similar conditions are offered as part of a combination;
- workers in the field of transport, if their working conditions are identical at the base place of work and additional;
- leaders and their guards;
- municipal and public servants;
- bank employees, law enforcement officials and military personnel.
In addition, in a number of situations for some categories of persons it is considered mandatory to obtain permission from the management for the subsequent occupation of a position as part-time job. This is especially true for directors of limited liability companies and joint-stock enterprises, as well as for teachers. All nuances should be reflected in the contract of external combination. This must be taken into account.
How to hire an employee for part-time work?
Given that the part-time employee plays the role of the same full-time employee as the other employees, the procedure for hiring for external jobs in accordance with the Labor Code of the Russian Federation should be carried out according to similar rules. But there are some exceptions.
During employment, the declared part-time agent is obliged to write an application for admission to a vacant place, indicating the date, as well as his data. The head of the enterprise must, in turn, consider this statement and draw up an order for external combination. Next, sign the actual consent to the employment of a new employee.
Documents for application
The prospective employee is required to attach the following documents to his application:
- copy of an identity document;
- a diploma that will confirm the availability of the necessary qualifications;
- certificate of admission, which is provided if it is provided for by local acts of the organization, for example, electricians are required to have an admission of up to a thousand volts or a document confirming the presence of the required discharge;
- a certificate of the type of work at the principal place of work of the employee in case of harmful working conditions in the additional service;
- a copy of the order that the person was taken to the main place of work.
An example of an external combination agreement is presented below.
In some cases, the actual employer may also require additional information, such as, for example:
- Certificate from a narcologist or psychiatrist. These certificates are considered necessary for employees who are involved in the field of public services.
- Medical book for workers in the food industry.
- Information that there is no criminal record in cases of engaging in pedagogical activities.
On the basis of the submitted documents and applications, an order is issued to accept a part-time job, and an employment contract is concluded with him. For each such new employee, a personal card is entered, in which all information is indicated during his general labor activity at a particular enterprise.
In addition, according to article 22 of the Labor Code, an employee must familiarize himself with all the acts that perform the function of regulating his work.
Nuances of labor conditions
The labor activity of external part-time workers is distinguished by its features, which is clearly reflected in all local and administrative papers that control their activities at various enterprises.
Basically, there are peculiarities both in the employment contract and in the amount of wages, as well as in the procedure for granting vacation and compensation during the period of incapacity for work of employees:
- An employment contract, in accordance with legislative norms, must be concluded in writing no later than three days after the employee arrives at the organization, which is an essential rule in the framework of registration of labor relations with absolutely all staff. But as for the agreement itself, it has a number of differences, as described in article No. 57 of the Labor Code. One of the main requirements is the fact that workers are employed in the role of part-time workers, rather than base units. In addition to other mandatory conditions, they often provide for an individual approach to building a working time regime, which must certainly be reflected in the contract.
- In addition, they stipulate the total salary with reference to the provision on the production of labor remuneration with a list of all necessary additional payments and allowances related to this position. Given that part-time workers are mostly part-time, their salary is paid in an amount proportional to the total amount of time worked.
- For part-time workers, absolutely all the social benefits that the labor law provides for, in particular, they receive annual leave in full. But, taking into account the peculiarities of their work, they are provided with rest in parallel with the time period at the main place of work. This is stated in article No. 286 of the Labor Code. In situations where vacation at the main place of work is long, a citizen is provided with rest without paying labor for the missing number of calendar days. Despite the fact that initially the part-time vacation period was planned according to the main place of work, this period should be fixed in the schedule reflecting the provision of such at additional places of business.
- Among other things, compensation of the time period of disability of a citizen also has its own peculiarities. Article 255 of the Federal Law clearly states that a worker who is employed by several employers at once has the right to receive payment of his sick leave in all organizations at the same time, provided that his official employment at this time is at least two years. When he worked for a shorter period, his sick leave was paid only for one of the jobs of the direct choice of a citizen.
- Implementation of labor records of external part-time employment.
Labor Book and Social Insurance Fund
According to the standards that are given in article No. 66 of the Labor Code, information about a workplace in the workbook can only be entered by the employer at the main place of business, which implies that when combined, a mark on new employment does not have to be entered.This is possible only at the request of the employee.
Be that as it may, a citizen at both places of employment must make the necessary contributions to the tax authority, as well as to the Social Insurance Fund. It follows that the period of time allotted for additional work when an employee retires will certainly be taken into account. Due to the fact that when registering a pension, the main legal instrument that confirms the seniority is the labor book, the duration of external part-time employment would also be desirable to include in it.
To include the relevant data, the employee needs to submit a copy of the order of admission as a part-time job at the main workplace, and a statement should be written with a direct request to make the necessary entry about external job combination in the workbook.
Operating mode and hours allocated for this
According to article No. 284 of the Labor Code, a part-time worker cannot work more than four hours a day, which is half of the established normal working time. That is, the employee mainly works part-time. In cases where it consists of several additional enterprises at once, the organization is required to provide employment within the established limits, for example, for a quarter of employment or even less.
Half of the general norm is calculated based on the norm of the working period, which is set for specific categories of employees. Suppose that, in accordance with legislative requirements, teachers work no more than thirty-six hours a week, it follows that such a citizen cannot work for more than eighteen hours. But there are exceptions. On weekends, he can be busy the whole shift in the event that the monthly volume of labor does not exceed half of the established.
An exception
An exception to the above description may be the presence of certain circumstances that arise at the main place of work. This can happen, for example, in situations where the employee at the main place has suspended activity due to any arrears in wages or refused to transfer at all. In this case, he has the right, in the role of a part-time worker, to work all full day for the entire period until the circumstances that arise cease to influence the situation.
findings
Thus, if we take into account that the combination, according to general labor statistics, is considered as secondary employment, a separate column is provided for external representatives of labor activity. After all, consideration of this category of workers within the framework of the average number of employees could lead to a distortion of existing information about the employment of the able-bodied population.