I am an external part-time worker, how many hours can I take from school.

Concept

Permission for parallel employment in other organizations is not required . The main rule for registering a part-time job is that the person has a primary place of employment and free time to perform other duties.

Russian legislation does not limit citizens in terms of the number of additional jobs. This circumstance depends only on the desires and capabilities of the workers themselves. It is important not to confuse this concept with combination and internal part-time work.

In this case, the difference between external and internal part-time work lies only in the place of work, in the first case - in another organization, in the second - with the same employer before or after the time of the main job .

But combining is a completely different concept, which implies expanding the responsibilities of the current position or performing work in two positions during working hours .

Types of part-time work and the work received

According to the Labor Code of the Russian Federation, part-time work has the following varieties:

internal. This means that an employee works within the same enterprise, but in different departments;
external. In this case, the employee works in different companies.

At the same time, Russian legislation does not prohibit combining both types of part-time work, provided that a person is not subject to a strong physical and moral burden. Internal part-time work involves working for one boss within one organization, while the citizen performs additional duties in his free time from his main job.

This type of combination is considered profitable and convenient, since an employee can be within the same organization and not waste extra time on traveling and familiarizing himself with the regulations of the new company.

With external part-time work, a citizen also works in his free time from his main job, but outside the main company. In this case, the Russian has additional privileges. For example, he may receive additional vacation days from a second employer. To do this, you only need to provide documentary evidence that the employee has a second job.

The unifying factor for both types of part-time work is wages, which are usually proportional to the period worked. In both cases, a Russian can qualify for work allowances, bonuses, and interest. The main provisions for calculating wages can be seen in Art. 285 of the Labor Code of Russia.

Restrictions

Restrictions on part-time work are discussed in part five of Article 282 of the Labor Code of the Russian Federation. In particular, we are talking about the fact that this type of activity is not permitted:

minor citizens;
civil servants and employees of municipal institutions;
judges;
persons who manage state unitary enterprises;
people holding certain positions in the Bank of Russia.

In addition, Russian legislation warns that people who directly drive vehicles during main working hours are not allowed to simultaneously perform similar work in another place (Article 329 of the Labor Code of the Russian Federation). Also, workers employed in hazardous and hazardous industries are prohibited from performing duties in their free time under the same conditions at the place of second employment.

What is more profitable for the employee?

When considering a specific type of part-time job and its benefits for an employee, it is worth focusing on the following:

If a worker does not want to spend time moving from place to place, adapting to a new team, management, or studying its characteristics, it is better to look for a second job in the same company.
External part-time work does not provide for any restrictions on working hours (you can work for at least a whole month, the main thing is that the schedules do not overlap). While within the company no more than 4 hours a day are allocated for this.
Another employer will need to prepare a full package of documents (except for the work book) and go through the probationary period procedure. Here they can fire you early if they find a suitable specialist.
Within one company there is one collective agreement, the same social guarantees, benefits, and compensation. Leave is granted for two positions at once.
One company makes it possible to simplify restrictions on part-time employment for certain categories of employees (for example, coaches, athletes, drivers). Here you won’t have to prove your reliability, loyalty, or ability to fully perform your job functions.

Remember, external part-time work is suitable for people who are looking for an additional source of income or want to change jobs in the future. Working within one company allows a person to develop skills, gain new knowledge, qualifications, and increase their status and importance.

At 0.5 bets

For part-time workers, the “ceiling” is four hours a day and the total working time per month established for those who work full-time in similar positions (Article 284 of the Labor Code of the Russian Federation). When applying for a second (third and so on) job, you can:

take not the maximum 0.5 rate, but a smaller share, for example, 0.3 or 0.25;
not work every day or full week.

The main thing is that this is spelled out in the text of the contract on the beginning of the employment relationship.

Restrictions on accepting a part-time worker

The state cares about the physical health of citizens, therefore it sets certain restrictions on the ability to work part-time.
According to the terms of the Labor Code of the Russian Federation, the following citizens cannot get a part-time job:

minors;
Russians who work in enterprises with unhealthy working conditions and are planning to take a part-time job for a similar vacancy;
citizens whose main activities are related to transport management.

Russians who work in municipal structures can work for a second vacancy only after the consent of their superiors at their main job. The employer needs to understand that the employee will be able to fully perform his duties. Therefore, employees of municipal organizations can work in additional jobs for no more than 20 hours a week.

Judges, heads of districts, law enforcement officers, and customs officers cannot serve as part-time workers. Citizens working in the field of jurisprudence can combine their main job only with teaching or scientific activities.

Full time

Sometimes such work is allowed. Alternatively, during a period when he is completely or partially free from official functions at his main job. In this case, an additional agreement is being developed to the employment contract , which will show for how long and why a person is allowed to work part-time full time. The basis for the agreement will be the document from the main work.

For example, we can take the situation with a school teacher. Everyone knows that teachers have long vacations. Someone M. decided to work during his summer vacation. Based on a certificate from the school confirming that this specialist is free and on annual leave during the specified period of time), M. got a job under a fixed-term part-time contract as a tour guide at the museum.

Nuances of working conditions

Part-time work has some nuances that may result in administrative violations. An employee working part-time cannot work in a second position with a load of more than half the standard working rate.

A part-time worker has the opportunity to work in a second position for no more than 4 hours per day. Per week - no more than 20 hours. If the indicators are exceeded, the employer may be held liable. Moreover, on those days when the employee is free from his main job, he can work full-time in an additional vacancy.

Salary

Remuneration for non-core employees should be calculated:

in proportion to the time actually worked, if the salary is established;
based on the actual results of labor, if there is a daily volume of work that needs to be completed (this also happens with a salary).

If a piece-rate form of accounting and payment for labor results is in effect, then wages are also calculated taking into account the actual work performed. These issues are covered in detail in Art. 285 Labor Code of the Russian Federation.

Rules for drawing up an employment contract

A formal employment contract with an external part-time worker must be drawn up. A sample of this document can be found in specialized literature. The agreement includes the following information:

indicate the name of the company and information about the direct employee;
the main job responsibilities of the new hired specialist are given;
it is established what the citizen’s work procedure is;
the exact salary amount is indicated;
lists all the rights and obligations that arise not only for the employee, but also for the head of the company;
the responsibility of each party for violation of the main points of this agreement is prescribed;
The time during which the employee will perform his job duties is given.

The contract must indicate that the work will be performed part-time. This requirement is specified in Art. 282 TK. It is possible to draw up both a fixed-term and an open-ended employment contract.

Guarantees and compensation

They are provided to part-time workers to almost the same extent as to main employees. For example, they are entitled to regional coefficients if they are available in a given area. The exceptions are guarantees and compensation:

for part-time workers who work in the Far North and equivalent territories;
for persons combining work and study in secondary and higher educational institutions.

In these cases, a person can only take advantage of privileges at his main place of work.

External sharer operating mode

Above we dealt with the working hours of a part-time worker; in this section we will talk about the working conditions of a part-time worker.

If part-time work involves harmful or difficult conditions, the part-time worker must bring a certificate from his main place of work that he does not perform such work there - otherwise the employer does not have the right to hire him for such work. External part-time work cannot be carried out in harmful conditions if such conditions already exist at the main place of work.

The same applies to vehicle drivers and workers managing traffic flows.

Vacation

At the will of the employee, leave at the place of second employment is granted at the same time as at the main enterprise . If the part-time work experience in the organization has not reached six months, leave can be granted regardless of this fact, or the difference in the amount of days with annual rest at the main place of work can be compensated by providing unpaid days, which are issued upon application.

The issue of granting annual leave at the same time for all jobs occurs after the presentation of a supporting document from the main enterprise where the employee is employed. It could be:

a certificate stating that the employee is granted leave, indicating the timing;
a certified photocopy of the leave order.

An employee is not required to go on vacation at the same time at his first and second jobs. He has the right to use his free time at his own discretion, for example, to work extra at a second job.

Part-time workers signed under a fixed-term contract for up to 2 months are entitled to paid leave at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation).

Average number of external part-time workers

To submit tax and statistical reporting, as well as to calculate insurance premiums, enterprise managers may need to calculate the average number of employees. This indicator is calculated simply: the number of full-time employees is divided by the number of calendar days per month or the number of months in the year (depending on which calculation period is needed).

How, then, are external part-time workers taken into account? They are not taken into account in the calculation of the average number of employees, since they are registered at their main place of work.

Design features

The features are that a person:

must confirm that he has a place of work where he is registered on a permanent basis;
is not required to submit the original work record book.

All other conditions for registering internal and external part-time jobs are similar:

the text of the employment contract must necessarily indicate the condition of part-time work, with a share of the rate;
It should also contain information about the working conditions: part-time or week, indicating exactly which days and at what time he must perform the duties assigned to him. If a special work schedule is planned, this should be indicated.
Entry into the work book is made at the request of the employee and is not mandatory.

Statement

Many will ask: “What about the statement?” But no way. When applying for a job, an application has long been no longer required, since the basis for a person to begin performing his job duties is an employment contract, as well as an employment order issued on its basis.

Read more. What is the deciding factor for employment? The will of the employee, his consent to work under the agreed conditions, as well as the consent of the employer. Both parties express their “yes” by signing as parties to the employment contract.

how to register an employment record

If a citizen wants to register additional employment in his work book, he must contact his main employer.

In this case, the employee undertakes to somehow confirm part-time work using the appropriate documentation:

a copy of the employment certificate signed by the employer;
a certificate from the accounting department from an additional place of employment.

Certificates from a third-party organization must contain the signatures of management and a personnel employee. Otherwise, it will not be possible to make an entry in the work book. After the Russian receives the certificate, he needs to contact his boss at his main job and write an application with a request to make an entry in the work book. It is entered in the following sequence:

designation of the serial number of the record;
date of hire of the employee;
part-time employee's specialty.

If a citizen is dismissed from a part-time job, he will also need to indicate this in the work book. If a Russian leaves his main job, the second job does not automatically become full-time. If you want to work here full-time, the employee must initially terminate the part-time contract with the organization and draw up a standard employment document.

Without main place of work

Part-time work without a main job is not permitted by law, because the main Russian document containing labor law norms and having the status of a federal law defines part-time work as “other regular paid work under the terms of an employment contract in time free from the main job . For this reason, before applying for “another” job, a citizen must confirm the availability of the main one. However, in practice there are situations when a person’s only “second job” turns out to be.

Example: Andrey M. worked as an engineer in the Atlant HOA, which was building a house, and part-time he was an estimator for another employer. Over time, the facility was built and handed over, and the Atlant HOA was closed. So Andrey M. found himself working part-time without having a primary place of employment. It all ended with the additional work becoming the main one, and the man was hired as an estimator on a full-time basis.

Working hours of external part-time worker

Since part-time work is performed in free time from the main job, it is believed that external part-time work should not exceed four hours a day. True, it is allowed to work full time if the main job has a day off or vacation, but it is necessary to strictly take into account the number of hours worked - they should not exceed the time spent on the main job.

If, for example, an employee works one hundred and sixty hours a month at his main job, external part-time work cannot last more than eighty hours a month.

Termination of the contract

Part-time workers have an additional basis for terminating the contract when a new employee who is ready to work full-time is hired to replace a person doing work on a part-time basis. In such a situation, the part-time employee must be notified by letter of the upcoming dismissal 2 weeks in advance .

There are more features. A part-time worker working under a fixed-term contract concluded for up to two months, who decides to leave this place of work forever, must notify the employer in writing no later than 3 days before the date of dismissal .

In turn, an employer who is forced to part with his part-time workers who have entered into a fixed-term contract of up to 2 months, due to the liquidation of the organization or a reduction in staff or personnel, is also obliged to warn them about this.

Rules for terminating a contract

As at the main place of employment, termination of an employment contract can be carried out at the initiative of the employee or the employer. Often this is achieved by agreement between the parties.

Most often, employment relationships are terminated in a situation where a person working part-time finds a new place to work.

What privileges can a part-time worker count on?

The main capabilities of these employees include:

Leave for external part-time workers must be granted simultaneously at all places of employment. To obtain it, a citizen must work for the company for at least 6 months. It is possible to grant leave in advance, for which standard registration rules are used.
Any employee, regardless of his position, can count on leave for an external part-time worker without pay. It can be issued at any time to resolve personal issues.
The employer has the right to send an employee on a business trip, but for this purpose the time is selected during which the citizen is not employed at his main place of work. At the same time, the employee retains his salary.
Sick leave for an external part-time worker is issued in the standard way. To do this, a citizen must receive an appropriate certificate and certificate of incapacity from a doctor. Payment depends on length of service and average salary, and it can be obtained at all places of employment. A sick leave certificate for an external part-time worker is issued in several copies, and the number of copies depends on the number of companies in which the citizen works.

Thus, citizens working part-time can count on various benefits and privileges entitled to them based on the requirements of the Labor Code.

Salary determination rules

The law does not contain any requirements for how to calculate salaries for part-time workers. Therefore, each employer can use its own payment system for employees. External part-time workers most often receive time-based pay, so the amount of their remuneration depends on the actual time worked.

If piecework payment is used, the size of production is taken into account.

The basic conditions on the basis of which employees’ salaries are determined are stated directly in the employment contract, so each hired specialist must carefully study it before signing this document.

Some companies even use standardized pay, so they take into account the actual amount of work performed by the employee. It does not matter how much time was spent on this activity.

Part-time workers, like other employees, can count on receiving different compensations and bonuses specified in the Labor Code or collective labor agreement in force in a particular company.

Legislative norms on part-time work

Art. Art. 60.1 and 60.2 of the Labor Code of the Russian Federation provide for the opportunity for an employee to combine positions with the same or another employer in the time free from performing main duties, as well as to perform paid additional work during the working day. Thus, part-time work in itself is a completely legal thing. But how can it be reflected in the staffing table (hereinafter - SH)?

Here you should be guided by the following:

The staffing table must reflect all positions that actually exist in the company for which employment contracts are concluded.
The staffing table is not an “arrangement”; it indicates only professions, and not the people who occupy them. Therefore, even if a position is occupied by a part-time employee, it must still be indicated.
For staffing purposes, it does not matter whether a person is an external or internal part-time employee. The main thing is that he holds the position (even part-time), and an employment contract is concluded with him.

Thus, we can conclude: if a part-time worker is employed precisely as an employee (and not, say, as an individual entrepreneur providing services to an organization under a contract provided for by the Civil Code of the Russian Federation), his workplace must be indicated in the staffing table.