How many rates can I take for an internal part-time job? Part-time work - how many hours per week? How many hours a week do part-timers work?

Part-time employment provides for the implementation of labor duties in a period free from the main employment. This possibility is approved by the current legislation.

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The employee has the right to draw up the corresponding agreement in a third-party company or with his own employer.

What does the law say?

The relations that develop between the parties to this legal relationship are subject to the norms of the Labor Code of the Russian Federation (for part-time workers - chapter 44).

It is this legislative act that is fundamental in regulating the length of the working day for a part-time worker.

The legislator pays close attention to this moment, since the employee implements the labor function during the rest period at the first place of employment.

Thus, regulating the duration of the shift, he takes measures to protect the health of the part-time worker.

The provisions of the labor law determine the maximum permitted working hours for him. In each case, this rule is established in the contract signed by the parties to the legal relationship.

It is in this agreement that the schedule of employment is determined. In the process of its formation, the parties are obliged to be guided by the rules approved by the legislator.

Working hours

The total value of the period of implementation of the labor function with the appropriate type of employment should not be more than 4 hours a day.

However, an employee is not forbidden to work a full-time shift, but only when he is released from the implementation of the duties assigned to him at the first place of employment.

The legislator determines monthly rate hours for a partner.

It should not be more than half of the corresponding indicator approved for a specific category of employees.

For example, if the norm is 40 hours a week, an employee can perform his job duties part-time for 20 hours.

External part-time

This allows them to avoid the obligation to pay for overtime activities, which, in accordance with the Labor Code of the Russian Federation, are reimbursed in a special manner.

Inspecting inspectors are aware of such tricks of employers, therefore, they often recognize internal combination as imaginary.

Restrictions

Certain restrictions regarding the duration of the work shift have been ratified for certain categories of workers.

So, in the resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41, the following indicators were approved:

0.5 norms per month - for medical, pharmaceutical, pedagogical workers;
the monthly norm is for doctors and paramedical personnel of settlements where there is a shortage of personnel, as well as for certain cultural figures.

The text of the document can be found here:

What's up?

How is collaborative work actually carried out? How many hours per week can an employee work? Let's consider the typical situations developing in a reality.

Working hours when working at several enterprises

Employees can work part-time at several enterprises at once - the legislator does not limit the number of agreements for one employee.

The restriction we have considered - no more than 4 hours a day - is often not performed, while the work that the employee performs in excess of the established norms of the contract is not additionally paid.

In addition, without notifying the employer of part-time employment in several organizations, in pursuit of additional in cash the employee in fact can be busy almost 24 hours a day, which cannot be noticed by the regulatory authorities during the check.

However, this moment can definitely affect the quality of work in a negative way.

Work into the night

The Labor Code, defining restrictions on the length of working hours for a part-time worker, does not make any reservations about night work.

In this case, the 4-hour employment norm can be easily bypassed.

For example, if the organization hires a watchman all night for several days a week, if he performs work at the first place of work during the daytime and verbally notifies the employer in combination of a flexible schedule at the main place of employment (although this is not so).

The decision on such processing is made exclusively by the employee himself, and there is no documented violation of the norms of the Labor Code by employers.

Work on weekends and holidays

The length of part-time working hours on a weekend or holiday directly depends on the schedule at the first place of performance of labor duties.

So, if an employee has a standard 5-day work week, then he can be recruited for a full day (shift). The same goes for holidays.

If a shift schedule is approved for an employee at the first place of employment, in which working hours are not the same on different days, it will not be possible to unambiguously answer the question posed.

When a part-time worker rests from performing a labor function on a holiday or weekend, he can be assigned work in a full shift, while payment is accrued in accordance with the labor legislation of the Russian Federation.

However, work on weekends or holidays for special categories of workers is allowed only with their written consent.

These rules must be followed by the employer. Otherwise, the part-time worker has the right to apply to the supervisory services with a complaint about the violation of his rights.

Penalties for employers

The legislator determines a very specific maximum period for the implementation of such labor functions, namely, how many hours per week and per day a part-time worker is allowed to work.

Failure to comply with these requirements of the Labor Code of the Russian Federation will entail the imposition of appropriate fines under article 5.27 of the Code of Administrative Offenses of the Russian Federation:

for individual entrepreneurs and managers - 1-5 thousand rubles;
for an organization - 30-50 thousand rubles.

Often, both the leader and the organization as a legal entity as a whole are held accountable.

Repeated violations may result in disqualification. official for 1-3 years.

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The Labor Code entitles a citizen to perform another one or more paid jobs in his spare time from his main job.

Such work is called. Its concept, conditions and procedure for registering an employee as a part-time worker are disclosed in articles 282-288 of chapter 44 of the Labor Code of the Russian Federation.

A prerequisite is the design, which will clearly spell out the terms of payment, the operating mode and the responsibilities of the parties.

The legislation does not limit the number of combined jobs in any way, but sets a limit on the amount of working time of a part-time job.

Section 284 states that he can only work part-time and not more than four hours a day. If the employee on some days is completely released from his main job (he has a day off or), then he has the right to go to another job for a full day. At the same time, for the accounting period of working hours, the part-time worker should not accumulate more than half of the norm for the main workers for the same period.

For example, if we take a week for the accounting period, then the standard working hours for an accountant working full-time in the main job will be forty hours (five-day work week, eight-hour day). For a part-time accountant, this rate will be half - that is, twenty hours. At the same time, he can work throughout the week for four hours a day, or three days for four hours and one full day on his free day (day off) at his main job or position, if this is an internal combination.

These restrictions cease to apply if the employee is not paid wages at the main place (for more than 15 days), or if he is removed from his post for health reasons.

In proportion to the hours worked or when performing the scope of work specified in the employment contract.

Also, the terms of payment can be reflected in the employment contract.

Separate categories of workers

For some workers, the hourly rate per week is reduced to less than 40 hours. Accordingly, for persons belonging to these categories and part-time workers, it is still divided in half.

Restrictions on the norm of working hours apply to socially weakly protected categories:

for disabled workers of the first and second groups, the working week is no more than thirty-five hours at the main job and 17.5 hours part-time;
for workers in the (third and fourth degree of harmfulness) working time per week will be no more than thirty-six and eighteen hours, respectively.

For , medical workers and pharmacists are also limited: they cannot work part-time for more than half of the hourly rate set for a month.

The exception is those who have half of the work norm less than 16 hours a week. In this case, part-time work should be no more than 16 hours per week.

Medical personnel in areas where there is a lack of it can work as part-time workers within the monthly norm established by them.

Workers in culture are limited in the amount of the working norm per month.

Processing fees

One of the points of the employment contract with a part-time job is the establishment of conditions wages.

If this is not the amount of work performed and not other conditions, but the number of working hours per day, then if it is voluntarily exceeded, the work is considered and paid in accordance with the norms of the law.

For example

Under the contract, K. R. Gurinov was hired as a part-time programmer at Rassvet LLC. His working day is two hours during the working week from Monday to Friday. If necessary, Gurinov stays at work for an hour or two. This time will be paid as overtime. At the same time, we must not forget about the current restrictions on the hourly rate in the accounting period for this category of workers. That is, a part-time programmer cannot be forced to work overtime for three hours a day all week, as this will be higher than his twenty hour norm (forty for main workers and twenty for part-time workers). If this is recorded by the labor inspectorate, the manager will face a fine of five thousand rubles, and the organization - from thirty to fifty thousand.

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What is part-time work and how many hours a week is it allotted by law? How is it formatted correctly? It is appropriate to talk about part-time work when a citizen performs labor duties in two positions, but at different times. For example, initially a person was hired as an accountant, but at the same time, under an agreement with the employer, he additionally performs the duties of a personnel inspector. Or, for example, a citizen works as a cook in a restaurant according to a schedule of 2 days after 2, and on his days off guards the parking lot near the house. If part-time employment occurs in one organization, institution or entrepreneur, then it is called internal, and if two different employers - external.

The combination of several jobs can be called a side job. It is clear that people find two jobs not for pleasure, but to increase their income, since one salary is not enough. A person can perform his official duties at a secondary job either simultaneously with the primary one, if time permits, or on his days off at the main position.

A person can work part-time no more than 4 hours a day, which is equal to 20 hours a week.

An employee can spend a different amount of time performing duties in a secondary position. For example, spend 2 hours on it on Monday, and 6 hours on Tuesday, but the total number of hours per week should not exceed 20. working hours per month for this position. If a full-time person works 11 hours a day in shifts, then this is approximately 165 hours per month, and for a part-time worker this rate should not exceed 82.5 hours.

How is extra work done?

Chapter 44 of the Labor Code Russian Federation it is prescribed how to arrange an employee for a part-time job, what are the procedures for calculating remuneration for this work, the rate of the next vacation, etc. Part-time work is a voluntary matter, no one can force a person to perform additional labor functions. In fact, many employers like to shift duties to employees that are not prescribed in their job description. For example, in an organization, to reduce costs, they reduce the position, and the duties of the reduced are divided among the rest of the employees, while they do not conclude any written contracts, and the salary does not increase anymore.

If you follow the law, then in the situation described, the employer must offer employees part-time jobs. It is forbidden to involve in such work minors and people employed in positions that cause increased harm to health. If a citizen works in a chemical industry or in a workshop with increased harmfulness, then it is impossible to attract him to a similar position with a health hazard.

In case of mutual positive decision, a separate employment contract is concluded between the parties. Within the same company, institution or individual entrepreneur, it is easier to issue it, since the citizen has already provided all the necessary documents for employment in the main position. The employer has a copy of the passport, work book, copies of diplomas, etc. Additionally, documents on education or confirming certain skills may be requested. For example, an administrator wants to work as a courier and deliver correspondence by car, for this he needs to provide a driver's license.

When applying for a part-time job in another organization, a citizen must provide copies of a passport and education documents at the place of additional work, fill out an employer's questionnaire, and bring a photograph. And what about the workbook? She remains at her main place of employment. To make a record of a part-time job from an additional place of work, an external part-time job takes an order and a certificate. They are the basis for an entry in the work book about part-time employment. All submitted documents are kept in the personal file of the employee.

Compensation and leave of a part-time worker

Wages for an employee combining 2 positions are calculated, calculated and paid separately from the main one. It is written into the employment contract. It may depend on the amount of time actually worked or on the amount of work performed. For example, a citizen spent 160 hours a month on secondary work in accordance with the time sheet, which means that he will receive remuneration for this time. Or, if the employee was given several tasks, at the end of the month the payment is calculated based on how many of them he completed. At the discretion of the management, a part-time worker may be awarded a bonus. If the northern coefficient is applied in the region where the person works, then it is also taken into account when paying for additional work.

Citizens performing labor duties in two positions are entitled to annual paid leave at two places of work. Part-time vacation is 28 days a year, not 2 weeks, as many people think. For internal part-time workers, it is provided at the same time as for the main activity. External part-time workers rest according to the schedule approved at another enterprise, at an individual entrepreneur or at an institution.

The employer has the right to terminate the employment contract for a secondary job if the main employee is hired for this position. In this case, it is necessary to notify the employee about this no later than 14 days before the termination of the contract.

If the company needs to involve the current employee in the performance of additional functionality, a good option may be to arrange an internal part-time job. Depending on the specifics of the company's work or the duties of the employee, an internal part-time job may be more convenient than an internal combination or filling in an additional staff unit. To do this, you need to understand what is its significant difference, what advantages this method has and how many rates can be entered with internal part-time work.

Internal combination and internal combination

With an internal combination, an employee is assigned additional functionality that he performs during his working time. So, for example, if an employee works according to a standard schedule from 9 a.m. to 6 p.m., then during this time he performs both his main work under an employment contract and internal combination functions.

At the same time, the combination can only be carried out in a different position or profession (Article 60.2 of the Labor Code of the Russian Federation). If it is the same profession or position, additional work may be assigned by expanding service areas or increasing the scope of work.

With internal part-time work, the conclusion of a second labor contract is mandatory, and work under such an agreement must be carried out in time free from the main job (Article 60.1 of the Labor Code of the Russian Federation). In other words, for example, an employee works from 9 a.m. to 6 p.m. under the main contract and from 6 p.m. to 8 p.m. on an internal part-time job.

A combination is not entered in the work book, but a part-time job is entered at the request of the part-time worker himself.

Part-time employment can be external, when the main place of the employee is in another company, or internal, when the employee is employed in the organization both at the main place and part-time.

How many hours can an external or internal part-time worker work

The main point that you must definitely pay attention to when hiring an employee for a part-time job is the correct calculation of his working hours. Regardless of whether the part-time worker is internal or external, the work time of the part-time worker cannot exceed four hours per day, which excludes full-time part-time employment. If there are days when the employee is free from work at the main place of work, he can work part-time for all eight hours a day. At the same time, within a month (or another period, if the accounting period is not a month), the duration of part-time work cannot exceed half the norm of working hours (part 1 of article 284 of the Labor Code of the Russian Federation).

Thus, an employee can work at least an hour a week, at least twenty hours a week. In proportion to the working time, it is calculated at what rate a part-time worker can be accepted. So, for example, an employee who works two hours a day is accepted at 0.25 rates. Therefore, four part-time workers can be accepted for one full-time job. A part-time worker who works four hours a day is accepted part-time, respectively, two part-time workers can take the whole rate, and so on.

Schedule of part-time work in the employment contract

As a rule, the work schedule of part-time workers (both internal and external) is non-standard, especially if it is also non-standard for the part-time job and at the main place of work (the employee does not work every day, on a flexible, rotating schedule, etc.).

As a rule, the mode of operation of a part-time worker differs from general rules the working hours of the rest of the employees of the organization, especially if the entire company works according to the most common work schedule from 9:00 to 18:00.

Thus, the special mode of work of a part-time worker should be reflected in his employment contract, since it will differ from the general rules that exist for other employees of the company (part 1 of article 100 of the Labor Code of the Russian Federation).

Therefore, the employment contract must provide for all the features:

when the part-time worker should come to work and leave it (on what days, at what time);
how long he should work (by day of the week);
what days are days off for him;
at what time of the working day for such an employee a break is set.

Who cannot be accepted concurrently

When hiring a part-time job (internal or external), it must be remembered that the legislation has provided for some categories of employees who cannot be accepted part-time. These are, for example, minors; "harmful" workers, if the working conditions at the main place are also harmful (Article 282 of the Labor Code of the Russian Federation); state or municipal employees (Article 17 of the Federal Law of July 27, 2004 N 79-FZ, Article 14 of the Federal Law of March 2, 2007 N 25-FZ) and some other employees.

Can your subordinate work two jobs at the same time? You decide. But, when accepting a part-time employee, you need to know that both places of work are official and protected by the law of the Russian Federation. Consider the specifics of the employment of a part-time employee.

Types of combination

Compatibility is the official labor activity a person with one or more employers (Article 282 of the Labor Code of the Russian Federation).

Compatibility is regulated by Ch. 44 of the Labor Code of the Russian Federation. Art. 282 regulates that this type of activity must meet a number of requirements:

It is carried out under an employment contract with a note about part-time work.
You can work only when the main entrepreneur has free hours: in the evening or on free days according to the schedule.
Paid as the main job, according to the days or hours worked.

According to the Labor Code, part-time employment is divided according to the specifics of the place of employment:

Internal part-time job - a person combines 2 types of activities with one entrepreneur. Provides for the signing of 2 contracts with the employer. This look is suitable for both sides at once. The entrepreneur receives a qualified specialist for the required position, who can achieve the goals and make a profit. The employee does not need to look for additional earnings elsewhere, and his labor potential will be fully utilized.
External part-time job - the employee enters into a second employment contract in another company and works during free hours. At the same time, an employee can conclude additional contracts with any number of companies. The main thing is that it does not harm the main place of work.

Who can work part-time?

If the employee decided to work part-time, then he does not need permission from the main boss. Everyone has the right to decide for himself whether he can combine 2 types of activity or not. But labor legislation provides for restrictions (Article and Labor Code of the Russian Federation) to a certain part of the population for performing combined activities.

Cannot work part-time:

persons under 18 years of age (for any type of activity);
workers whose activities are considered difficult, harmful or associated with risk or danger;
drivers who manage not only public, but also any type of transport, as well as persons involved in the regulation of traffic.

Part-time work restrictions:

A deputy of the State Duma can simultaneously carry out only teaching activities or conduct scientific work.
Employees holding managerial positions with a legal entity may work part-time only after the permission of the owner or founder of the company. The document is in writing. This is due to increased responsibility in the main position and employment. Some activities are protected by the owners from competitors, and a part-time worker can harm the development of the company. This nuance is entered as a separate clause in the contract between the main employer and the hired person.

Registration according to the TC

To apply, the applicant must have the following documents:

The passport.
If the additional place is associated with risk or hard work, then a certificate from the main company about the nature of employment.
Diploma or certificates confirming the professional suitability of the employee (if the type of activity requires it).
Insurance number of an individual personal account (SNILS).

Remember that a part-time worker will not be able to provide you with a work book, since it is located at his main place of work. The employer is not required to keep a work book of a part-time employee.

The main thing that an employment contract should reflect is the time of employment and how the work will be paid.

Working time

The working hours of a part-time worker and the regime are negotiated by the entrepreneur and are reflected in the employment contract and schedule. When drawing up a part-time work schedule, an entrepreneur must take into account that the employee’s employment should not exceed 4 hours per day, and 20 hours per week. Employment of no more than 40 hours is considered the norm, an external part-time worker can work out the maximum number - ½ of this time.

Employment should not exceed 40 hours per week, an external part-time worker can work the maximum number - ½ of this time.

If the activity at the main job is suspended due to non-payment of wages or its delay (part 2 of article 142 of the Labor Code of the Russian Federation).
The employee was removed from the main place due to health indications with the preservation of his workplace (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

The hours that a person worked part-time are recorded in the time sheet. If the combination is internal, then working hours are recorded in a separate time sheet. In this case, the employee is assigned 2 personnel numbers.

How to pay salary

According to the Labor Code of the Russian Federation, payment to a part-time worker does not have its own characteristics. If labor is calculated in time, then payment, respectively, is calculated according to the hours worked. In case of piecework, the calculation is made from the output or on other conditions that are reflected in the employment contract.

Aspiring entrepreneurs should understand that a part-time worker must receive all social and insurance benefits. In the case of pregnancy and childbirth - the same if the employee has been in office for more than 2 years.

With internal compatibility, the employee is required to provide one sick leave, with external - two. The second document states that he is for part-time work, and the details of the main disability sheet are put.

Vacation specifics

If a reduction is coming, you need to notify the employee under signature about the upcoming dismissal 2 months in advance (Article 180 of the Labor Code of the Russian Federation). If an employee works part-time on a permanent basis, then additional rules for dismissal are provided: he can be fired if a person comes to work for whom this place will be the main one (Article 288 of the Labor Code of the Russian Federation). In such a situation, the employer is obliged to notify the employee about the upcoming dismissal 2 weeks in advance. If the employee does not agree, then an appropriate act is drawn up, which will serve as the basis for terminating the employment contract.

It is impossible to dismiss an employee holding a part-time position during his disability, maternity leave or planned annual rest.

The employee must be paid in full no later than the date of termination of the employment contract. If the employee was not at the workplace at that time, then the calculation must be issued no later than 1 day after signing the dismissal article. 140 of the Labor Code of the Russian Federation.

Upon dismissal, the employee must receive a copy of the dismissal order and a certificate of income.

If the main calculation is delayed after dismissal, the entrepreneur will have to pay the former employee an interest equal to 1/300 of the Central Bank refinancing rate per day (Article 236 of the Labor Code of the Russian Federation). There is a delay from the next day after the dismissal until the day the calculation is received, inclusive. Compensation is paid after litigation, and the entrepreneur can lose a considerable amount. Plus you have to pay legal fees.

When hiring a part-time employee, an entrepreneur should not forget about the legal side of the issue. Of course, it is important to give the employee a chance to realize themselves and earn extra money. But it is even more important to carefully consider the work schedule and the drafting of an employment contract.