If a company needs to involve a current employee in performing additional functions, a good option may be to arrange an internal combination of positions. Depending on the specifics of the company’s work or the employee’s duties, internal part-time work may be more convenient than internal part-time work or filling an additional staff position. To do this, you need to understand what its significant difference is and what advantages this method has.
Internal combination and internal combination
With internal combination, the employee is assigned additional functionality, which he performs during his working hours. So, for example, if an employee works according to a standard schedule from 9 to 18 hours, then during this time he performs both his main work under the employment contract and internal part-time functions.
In this case, the combination can only be carried out in another position or profession (Article 60.2 of the Labor Code of the Russian Federation). If the same profession or position is involved, additional work may be assigned by expanding service areas or increasing the scope of work.
In case of internal part-time work, it is necessary to conclude a second employment contract, and work under such a contract must be performed in free time from the main job (Article 60.1 of the Labor Code of the Russian Federation). In other words, 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 basis.
An entry about a combination of jobs is not made in the work book, but a part-time job is entered at the request of the part-time worker.
Internal combination: how to design
First of all, it is necessary to obtain the employee’s written consent to increase his functionality. There is no official form for obtaining consent in the legislation, and the company can independently develop the appropriate form and approve it by order or provide for it in a local regulatory act.
In practice, three methods are used:
- an agreement between the parties on combining positions is signed;
- the employee is invited to put a resolution “I agree” on the employer’s written proposal;
- the employee himself writes a free-form application containing consent to combine positions.
You can choose any of the three options indicated; the law does not prohibit this.
The next step is the execution of a written document specifying the duration of the proposed combination, as well as the content, scope of work and the amount of compensation (additional payment). This is a requirement of the Labor Code of the Russian Federation (Part 3 of Article 60.2, Part 2 of Article 151 of the Labor Code of the Russian Federation). The legislation does not provide for an official form of such a document, nor does it oblige the conclusion of an additional agreement to the employment contract. As in the case of the employee consent form discussed above, the company has the right to develop an appropriate form and approve it by order or provide for it in a local regulation. The only recommendation is that this document must be drawn up in two copies, so that one remains with the employee and the other is kept in the company’s HR department.
Order for internal combination. Sample
Finally, the final stage of registration of combining positions is the issuance of a corresponding order.
Like other documents discussed above, the order is drawn up in free form; there is no unified form.
The order must duplicate all the conditions for combining positions agreed upon by the parties: the type of work assigned and its content, the period for which the combination is expected, as well as the amount of the agreed fee for performing additional work.
The order is issued on the basis of a signed agreement between the parties to perform additional work.
The employee must be familiarized with the order against signature.
Internal combination of positions and work record
Current regulations that provide for the procedure for filling out and maintaining work books do not allow the possibility of making an entry in the work book about combinations. There is no need to make such an entry in the work book.
Registration of termination of combining positions
The legislation does not regulate the issue of documenting the termination of internal combination of positions. Regardless of this fact, in practice it is necessary to issue an order to stop performing additional work. Based on this document, the company’s accounting department will be able to stop paying additional payments for combinations.
Combining positions in one organization is a fairly common practice, especially today, when, due to the economic crisis, people are looking for all kinds of part-time jobs and quite rightly give preference to additional paid workload at their main, trusted place of work. For an organization in such a situation, it is important to understand how the fact of assigning additional responsibilities to an employee can be formalized. This will be discussed in the article.
Internal part-time and internal combination of positions: the difference in the formalization of relationships
An employee of the company, who is already on staff and performs a certain amount of work, decides to take on an additional load that goes beyond the scope of his current job functionality. How can he do this?
Essentially, in this case, independent labor relations between the company and the specialist come into force, which can be formalized in 2 forms:
- internal part-time work;
- combination of positions (professions).
There is a fundamental difference between the two forms that the company must understand. Namely: internal part-time work means performing work unrelated to the main one, at a time that is not occupied by the specialist’s main activity (Article 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time) is performed completely outside the scope of the employee’s main position.
Example:
G.V. Ivanov works as a mechanic at a manufacturing enterprise. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same company. He performs the labor functions of a cleaner after his working day as a mechanic ends, i.e. from 18:00 to 21:00. In this case, he does not combine positions, but performs the functions of a cleaner as his additional work on an internal part-time basis in that the same company.
Internal combination of positions assumes that a specialist continues to work within the framework of his main job responsibilities and, in addition, during the generally established working day manages to perform other functions corresponding to another position. That is, a specialist is engaged in work to combine another position in parallel with his main work, at the same time (Article 60.2, 151 of the Labor Code of the Russian Federation).
Example:
G.V. Ivanov from the previous example works as a mechanic, but in addition, during the working day (from 9:00 to 18:00) he also has time to clean the workshop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within one production enterprise.
The above features also determine differences in the design of labor relations. Namely: for an internal part-time worker it is necessary to draw up a separate employment contract. When combining positions, the previous employment contract is sufficient, but an additional agreement must be issued to it.
Work on combining positions: registration
If an employee wants and can work in 2 positions in the company at the same time, then the preferable option for him is to formalize additional relations with the employer in the form of combining positions. But for this it is important that the specifics of the work allow it to be performed without release from the main activity and at the main workplace. Therefore, if the second position requires, for example, moving from the main place of work (to another workshop), then such additional workload on the employee should be formalized as an internal part-time job, and not as work to combine positions.
The company can formalize the combination of positions by an additional agreement to the employee’s current employment contract, which, in particular, will specify what position he intends to combine, as well as the period during which the combination of positions will take place (Article 72 of the Labor Code of the Russian Federation).
In addition, for work combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, receive an additional payment, the amount (or calculation method) of which should also be fixed in an additional agreement to the employment contract.
The grounds for drawing up such an agreement when combining positions are the following documents (depending on who initiated the combination):
- the company’s proposal to combine positions signed by the employee;
- application from an employee requesting permission to combine positions.
At the same time, it is important for the company to remember that in the work book of a specialist who combines several positions, there is no need to reflect the fact of combination, since such an obligation is not provided for by law.
In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in a time sheet? In accordance with labor laws combination work is not highlighted separately in the report card. After all, an employee performs combined work in parallel, at the same time in which he is busy with his main job. Therefore, only the hours spent on the main work need to be recorded in the time sheet.
Order on internal combination - sample
After signing the additional agreement, the company should issue a corresponding order.
Russian labor legislation does not contain a specific unified form for such an order.
At the same time, it should indicate which positions the employee will combine, for what period and for what additional payment. In this case, as a basis for combination, the order must specify the details of the additional agreement drawn up with the employee.
A sample order can be viewed on our website:
Completion of combining positions
As mentioned above, if a company organizes a combination of positions, then the period during which such combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?
The combination ceases to be valid, i.e. the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.
Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the employee’s combined powers, or you don’t have to do this - the combination will still be considered completed (unless the company has issued another order extending the employee’s combined powers).
In addition, the Labor Code of the Russian Federation establishes that at any time, both one and the other party can stop combining unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, you simply need to send the appropriate notice (if the initiator of the cancellation is a company) or a statement (if the initiator is an employee) to the other party no later than 3 business days in advance.
ATTENTION! If the initiator of the termination of the combination is the company, then it makes sense for it to acquaint the employee with the relevant notice against a receipt, so that it does not later turn out that he, since he knew nothing about the cancellation, continued to work for some time, combining 2 positions, for which he demands appropriate remuneration.
Internal part-time work according to the Labor Code of the Russian Federation
An internal part-time worker, unlike a specialist who combines positions, by virtue of the Labor Code of the Russian Federation, works in the main company in a second, additional job, but at a time that is not occupied by the main activity (Article 282, 60.1 of the Labor Code of the Russian Federation).
The Labor Code of the Russian Federation establishes a number of restrictions regarding how much working time an employee can spend on part-time work. So, if a specialist within the same organization works in two different positions at different times, then the Labor Code of the Russian Federation allows the maximum additional workload to be performed no more than 4 hours a day.
IMPORTANT! If there is a day when an employee is released from his main job for some reason, he can do part-time work throughout the working day.
For a month in the aggregate, a part-time employee has the right to work no more than half of the monthly standard of time established for the category of workers to which he belongs (Article 284 of the Labor Code of the Russian Federation). However, sometimes an employee has the right not to be guided by the specified limit.
For more information about how much time an employee has the right to spend on part-time work, see the article “Part-time work—how many hours per week?” .
An equally important question for both internal part-time workers and their employers: how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be established in one of 3 ways:
- in proportion to the time spent working;
- according to a piecework scheme;
- on other conditions provided for in the employment contract.
For details on additional payments up to the minimum wage for internal part-time workers, see the article “Additional payment up to the minimum wage for external and internal part-time workers” .
In addition to the above, companies should keep in mind that if they have someone on their staff who works part-time in addition to their main job, then they are also entitled to leave of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). It is combined with vacation in the main position in time, however, vacation pay is accrued separately for the main position and separately for the combined work, since the employee has 2 independent employment contracts with the company (Articles 286, 287 of the Labor Code of the Russian Federation).
An important issue that concerns, in particular, part-time women, concerns the provision of maternity benefits to them.
Read more about this in the article “Maternity benefits for part-time workers” .
How to apply for an internal part-time job
As stated above, when working on a part-time basis, a separate employment contract is drawn up. At the same time, he is subject to all the requirements that apply to similar contracts with regular full-time employees (not part-time employees).
ATTENTION! Employment contracts for internal part-time workers there should be exactly two: by main job and part-time.
In particular, the employment contract must contain information about:
- companies;
- a position that a specialist undertakes to perform in addition to his main job;
- wage system;
- work and rest regime, etc. (Article 57 of the Labor Code of the Russian Federation).
As a general rule, such an agreement must be drawn up in writing, in 2 copies (one for the company and one for the employee).
ATTENTION! The employment contract must include information that the employee holds the position on an internal part-time basis.
Order and application for internal part-time work
According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time worker to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on an internal part-time basis, in which, in particular, it should be indicated what additional work he intends to take on the employee, as well as at what hours he will perform it.
The prepared application must be submitted in writing to the company's human resources department.
As a general rule, after an employment contract is concluded, the company must issue an order confirming the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation). The same is true for internal part-time workers. This means that orders to hire such an employee there will be two : for the main place and part-time.
At the same time, there is a unified form of such an order (No. T-1), which you can download on our website.
In such an order, it is important to reflect the very fact of internal part-time work, and in addition, indicate the basic conditions of the specialist’s work, its nature and the mechanism of remuneration.
Results
Registration of imposing additional workload on a company employee can be expressed in 2 forms: internal part-time work and combination of positions. If an employee intends to perform labor functions in a position that requires distraction from his main job, then such labor relations must be formalized in the form of a separate employment contract on internal part-time work. At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as issue an order to hire an internal part-time worker. If the additional position does not involve distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company. Registration of internal combination of positions is carried out by signing an additional agreement to an existing employment contract. The company should also receive a corresponding signed application from the employee and formulate an order to organize the combination of positions.
Article 60 of the Labor Code of the Russian Federation prohibits requiring an employee to perform work not stipulated by the employment contract. In this case, the employee can perform other work on a part-time basis or combine work in another position. What is their main difference? Labor legislation does not establish a minimum amount of additional payments for performing additional work and part-time work - how to determine the additional payment in different cases?
Part-time job. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time work) and (or) with another employer (external part-time work).
Part-time work is the performance by an employee, in his free time from his main job, of other regular paid work under the terms of an employment contract (Article 282 of the Labor Code of the Russian Federation).
For part-time work, an employment contract is concluded with the employee.
Remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation).
With time-based wages, payments to a part-time worker are made based on the rate (salary, official salary) for the part-time position in proportion to the amount of time worked.
In accordance with Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. Therefore, the time actually worked by the part-time employee is entered into the working time sheet.
We are applying for an internal part-time job as an accountant with a salary of 15,000 rubles. by 0.25 bets.
Working hours are 40 hours per week. Accordingly, a part-time employee is required to work 10 hours a week.
Remuneration is made in the amount of 3,750 rubles. (RUB 15,000 x 0.25).
Combination. Article 60.2 of the Labor Code of the Russian Federation provides for the possibility of entrusting an employee to perform additional work for an additional fee during the established duration of the working day (shift), along with the work specified in the employment contract.
Additional work assigned to an employee can be carried out:
- for the same profession (position) - by expanding service areas, increasing the volume of work;
- in another profession (position) - by combining professions (positions);
- in another or the same profession (position) - in order to fulfill the duties of a temporarily absent employee.
Additional payment for combining professions (positions), expanding service areas can be established as a fixed amount, as a percentage of the tariff rate (salary) of the absent employee.
When performing work in conditions that deviate from normal conditions, including when combining professions (positions), the employee is made appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract (Article 149 of the Labor Code of the Russian Federation).
In accordance with Art. 151 of the Labor Code of the Russian Federation, the amount of additional payment when combining positions is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.
Does the employer, when assigning additional work in order to combine positions (professions), have the right to make an additional payment in the amount of the full salary for the combined position? For example, when assigned additional work for a position with a salary of 12,000 rubles. establish an additional payment of 12,000 rubles?
This example carries risks for the employer. Due to the fact that the combined work must be performed within the working hours established for the employee, then for 8 hours of work (with a 40-hour working week established for the employee), he will have to fulfill the duties assigned to him both in the main and in combined position.
If the institution has other employees in a similar position, the principle provided for in Art. 22 of the Labor Code of the Russian Federation: that the employer is obliged to provide equal pay for equal work.
Therefore, it would be correct to establish, when an employee combines positions, an additional payment in proportion to the salary (official salary) for the combined position.
The volume of work for a certain position does not always require the involvement of a full-time employee. The solution in this case may be to hire a part-time worker or assign an employee to combine positions. Despite sounding similar, there is a significant difference between part-time and combination.
Part-time job- this is the performance by an employee of a labor function in his free time from his main job. Part-time work is formalized with a separate employment contract, in which it is indicated that the work is not the main one. Part-time work can be internal, when part-time work and the main work are performed by one employer, and external - if work is carried out by different employers.
Combination- this is the performance by an employee of additional work in another position without interruption from the main job. Combining positions cannot be external, because additional work must be performed while the employee is at his main job.
In this article we will take a closer look at part-time and combination jobs and compare their features in the table.
Who is allowed to work together?
Part-time work is associated with an increased burden on the employee. Although additional working time is already limited by Article 284 of the Labor Code of the Russian Federation (no more than four hours a day), the legislation also establishes a number of prohibitions and restrictions on part-time work. These restrictions are caused not only by protecting the employee from overload, but also by a possible decrease in the quality of work during part-time work, as well as by respecting the interests of employers.
- Article 282 of the Labor Code of the Russian Federation establishes a ban on part-time work for workers under eighteen years of age and for work with harmful or dangerous working conditions, if the main work is performed under the same conditions.
- Employees whose job function is related to driving vehicles cannot work part-time if they have the same responsibilities at their main job (Article 329 of the Labor Code of the Russian Federation).
- It is prohibited for state and municipal employees to hold a second job (Article 17 of Law No. 79-FZ dated July 27, 2004).
- Part-time work for heads of organizations can only be permitted with the consent of the owner of the organization or the authorized body of the legal entity (Article 276 of the Labor Code of the Russian Federation).
- For cultural workers and teaching, medical, and pharmaceutical workers, part-time work is permitted only if their main job has a reduced working time (Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41).
- Athletes and coaches have the right to work part-time for another employer in the same capacity only with the permission of the employer at the main place of work (Article 348.7 of the Labor Code of the Russian Federation).
- Special regulations establish restrictions on part-time work for judges, prosecutors, lawyers, military personnel, deputies of the State Duma of the Russian Federation and members of the Government of the Russian Federation.
Violation of the law when hiring part-time employees for whom prohibitions or restrictions on such work have been established may lead to penalties for the employer (from 1 to 5 thousand rubles for officials and individual entrepreneurs and from 30 to 50 thousand rubles for organizations) .
In general, an employer cannot prohibit an employee from working part-time. There is also no limit to the number of other employers with whom an employee can enter into such employment contracts, provided, of course, that the condition limiting additional working hours is met.
Are you planning to open your own business? Don’t forget about the current account - it will simplify doing business, paying taxes and insurance premiums. Moreover, now many banks offer favorable conditions for opening and maintaining a current account. You can view the offers here.
Part-time employment contract
When applying for part-time work, a separate agreement must be concluded. The work function in an additional job may be the same as in the main job or different from it.
An employment contract for a part-time worker must include the usual contractual terms and must contain a clause that the work is performed part-time. The contract can be concluded for a certain period or indefinitely.
When concluding an employment contract with a part-time worker, it is not filled out, but this can be done at the request of the employee. To do this, you must submit a document confirming additional work to the place of your main job (where the work book is kept). Such a document may be a certificate of employment, a certified copy of an order or an employment contract. In case of internal part-time work, the employee’s personal file (if it is maintained) will contain documents related to both jobs.
A part-time employment contract is terminated on the same grounds as in the general case, but an additional reason for terminating the contract will be the hiring of an employee for whom this work will become the main one.
If a part-time worker quits his main job, then at the workplace where he worked part-time, he can be hired full-time. To do this, it is necessary to draw up a corresponding additional agreement to the employment contract with him, and make an entry in the work book stating that the work from such and such a date is the main one for the employee.
Features of part-time work
A part-time worker must manage to fulfill his duties at two or even several jobs, so his work schedule will have some features. Working hours are recorded in a time sheet, and an employee with an internal part-time job can be assigned two personnel numbers. The salary of a part-time worker is calculated according to the terms of the employment contract. Payment can be hourly, piecework or on any other terms.
When recording the working time of a part-time worker, you must pay attention to ensuring that the additional working time does not exceed half of the standard working time for the accounting period. For example, if in October 2015 the standard working time with a 40-hour weekly workload is 176 hours, then part-time working hours cannot be more than half of this standard, i.e. 88 hours per month.
A part-time worker can also be involved in overtime work, in excess of these norms, but must comply with the norm of overtime hours (no more than four hours for two days in a row and no more than 120 hours in the general accounting for the year). Payment for overtime hours is carried out as usual, according to the norms of Article 152 of the Labor Code of the Russian Federation (no less than one and a half times the amount for the first two hours, and no less than double the amount for all subsequent hours).
A part-time worker is provided with annual paid leave during the same period as at the main job. To confirm the date of leave, the employee must present a certificate or a copy of the leave order from his main job. The total duration of vacation during part-time work does not increase, but vacation pay is calculated taking into account the earnings received.
If an employee at a part-time job has not yet worked the required six months, then he must be given leave in advance. Depending on the position and category of the employee, the duration of vacations at the main job and part-time job may vary. In this case, to combine vacation periods, the employee may be given several days without pay.
A part-time employee may be sent on a business trip. When the part-time job is internal, the employer takes into account only his own interests, and problems with choosing the timing of the business trip do not arise. If the places of work are different, you can send a part-time worker on a business trip only for the time when he is free from his main job.
In the event that the time of a business trip for a part-time job cannot be rescheduled, employers must enter into an agreement among themselves on the order in which the employee will perform his job duties for this period (Resolution of the Government of the Russian Federation dated October 13, 2008 No. 749). Of course, in practice such agreements are of little use, because a business trip is rarely so short that the employee has time to return to his main place of work the next day. But it is possible to agree that the employee will take several days without pay at his main job. Travel expenses are, of course, borne by the employer who sent the employee.
During the illness of an internal part-time worker, he is paid one temporary disability benefit based on one piece of paper, but taking into account the average earnings at all jobs. If the employers are different, then several certificates of incapacity for work are issued to be provided for each place of work.
Combination
The Labor Code does not establish prohibitions or restrictions on combinations (as opposed to part-time work), but the written consent of the employee is required to be assigned additional work.
When combined, the employee may be assigned some new job function (in this case we are talking about combining positions), the service area is expanded, or the volume of work in the same position is increased. It is important that when combining positions, additional work must be performed during the same working hours as the main one, therefore, the specifics of labor functions must be taken into account here. Thus, the positions of accountant and cashier are often combined; lawyer and personnel officer; manager and commercial director; leader and driver.
For performing additional work as part of a combination, the employee receives a remuneration, the amount of which is determined only by agreement of the parties. The law does not establish a minimum or maximum amount for this additional payment. For comparison, with a part-time job, the employee must receive the appropriate part of the official salary, for example, half-time or a quarter of the rate.
When registering a combination, the additional agreement to the employment contract must indicate:
- name of the combined position or profession;
- volume and content of additional work;
- the period for which the combination is established;
- amount of additional remuneration.
The employee and employer have the right to refuse to perform additional work ahead of schedule, for which they must notify the other party in writing no later than three days in advance.
Part-time job | Combination |
An employment contract when registering for part-time work is concluded (Articles 60.1 and 282 of the Labor Code of the Russian Federation) | A separate employment contract is not concluded, but an additional agreement is drawn up to it (Article 151 of the Labor Code of the Russian Federation) |
An entry in the work book is made at the request of the employee (Article 66 of the Labor Code of the Russian Federation) | No entry is made into the work book |
Termination of part-time work is formalized by termination of the employment contract | Termination of combining positions or performing an additional amount of work occurs when the employee refuses to perform it ahead of time or when the employer’s order to perform this work is canceled (Article 60.2 of the Labor Code of the Russian Federation) |
Part-time work is performed in free time from the main job and should take no more than 4 hours a day (Article 60.1 of the Labor Code of the Russian Federation) | Additional time is not allocated to perform part-time work; the additional work function must be performed without interruption from the main job during the working day |
Remuneration is made in proportion to the time worked or according to the volume of work performed (Article 285 of the Labor Code of the Russian Federation) | For combining positions, an additional payment is made, the amount of which is determined by agreement of the parties (Article 151 of the Labor Code of the Russian Federation) |
When a person at his workplace performs a work process not only that required by his official salary, but also has additional responsibilities, then such an employee is a part-time worker. In other words, part-time work is secondary employment. In this case, a number of conditions must be observed. Firstly, the work must be permanent, and secondly, regularly paid. To do this, it is additionally necessary to draw up a part-time agreement.
Part-time work happens:
- internal - when a person performs the duties of two positions in one company;
- external - when two positions are located at different enterprises.
Internal part-time job
Labor legislation provides for the possibility of working part-time internally. The law states that every citizen has the right to work in the main position, while combining several other positions officially formalized by law, and this can be several, it all depends on how physically possible it is. Internal part-time work also takes place for one position, taking on additional hours of work. This will be framed as work for one position, but in double equivalent.
Often, internal part-time work is obtained at the own request of an employee of any enterprise. When a vacancy appears, the employee prepares an application addressed to the manager with a request to work under a combined system. Most often, the management team gives a positive response to the application, so as not to involve a new person in the work, not to re-train and conduct instructions.
Circumstances under which multiple positions are denied
According to the Labor Code, external and internal part-time work cannot come into force for certain citizens, that is, for people working as lawyers, judges, intelligence officers, state and municipal employees, as well as for minors.
It should be understood that combining positions with harmful and difficult working conditions is impossible. If the work process involves driving any vehicle, this also entails a ban on part-time work.
Registration process of internal part-time work
Before the employment contract is prepared and drawn up, the employee submits an application for registration of internal combination of work positions. The application is standard, which is written in any institution when applying for a job. The only thing that is not required is copies of identity documents and education diplomas, due to the fact that all the documentation is already in the human resources department of the institution.
The next step will be drawing up a labor contract. The clauses that indicate that work will be on a part-time basis, indicating the new normalization of hourly work, differ from a simple contract. They also describe additional working nuances, this could be:
- rest mode;
- the procedure for receiving wages;
- the rights and obligations of the two parties by whom the contract is concluded;
- how the contract can be terminated;
- duration of the contract;
- procedure for granting leave.
The contract may be indefinite or for a specific period of validity. It may also provide for the conclusion of an agreement for a period that cannot be determined immediately, for example:
- seasonality of the work process;
- performing other people's duties during the absence of a particular employee;
- for the period of elimination of emergency situations at the enterprise;
- when working outside the country while on training or internship.
Additional agreement upon execution of the contract
Many people confuse an additional agreement and an employment contract. An additional agreement cannot exist if it is not justified in the main agreement. It’s just that the additional agreement does not imply part-time work, but combination; these are two different ways of working. Combination involves performing an additional amount of work during working hours, without exceeding the hourly standard.
There are also other variations of the contract in which an additional agreement may be required, this is when part-time work goes directly into the main job. There is an opinion that it is best to first register for a complete dismissal, and then apply for a job.
Order of acceptance
The document used to apply for a job under internal part-time conditions must contain some information:
- passport details of the boss performing the reception;
- the order is numbered and dated;
- details of the hired employee;
- name of the combined position;
- department where registration is done;
- in the case of a fixed-term contract, the start and end dates of this document;
- indication of operating mode, hourly normalization.
This document must be signed by the manager, as well as the employee taking office. In addition, both parties must have copies, so a copy must be made and certified by the HR department. This procedure must be completed within three working days. The order must necessarily contain a reference to the main employment contract.
Part-time job in the same position
Sometimes an additional position is vacant for a long period of time, and the company already has employees performing this type of work process who have the necessary skills and qualifications, and they can safely take the vacant position. In such a situation, part-time work in the same position comes to the rescue.
When the second position is identical, the issue of implementing part-time work can be quite controversial. This is due to the adoption of some amendments to the Labor Code. The essence of this is that part-time work should be understood as the employee performing another work process that differs from the first position held. This can be deciphered: the combined work is the opposite of the first and, accordingly, is drawn up under a different labor contract. The Labor Code does not contain clear information confirming or refuting information.
That is why employers formalize this procedure at their own risk, while trying not to infringe on the main labor rights of a part-time worker. If an enterprise is inspected by a labor inspectorate, such cases will be thoroughly assessed and verified. During the inspection, the inspection may find out that the employer is deliberately depriving the employee of the right to increased payment for additional work, and the inspectors have the right to impose penalties. In order to protect himself, the head of any enterprise, when applying for a part-time job in a similar position, relies on objective and legal grounds. This work must have favorable conditions for the employee and be performed only by agreement. A prerequisite for preparing documentation is the correct compilation of working hours, which does not overlap with the working hours of the main work activity. Otherwise it will be a combination, and this is not an option.
The work must be paid at least half of the salary for the additional position, with all the provided allowances and additional payments. Also, the employee must retain all social guarantees, sick pay, vacation and its provision, and for both positions held.
Benefits of part-time work
A secondary work position is beneficial for both parties, the employee receives the additional income he needs, and the company saves by using the employee with minimized losses in wages for the enterprise as a whole. This needs further consideration.
Benefit for the employee:
- experience in working in several industries;
- additional income;
- double vacation pay;
- in the work record (if desired), you can note part-time work;
- the size of pension payments, since the transfer of taxes is doubled.
Benefit for the employer:
- economically beneficial for the wage fund;
- lower tax payment;
- social guarantees are paid no more than 50%.