Part-time employment contract sample 2020 free download sample form sample form print

Who is an external part-time worker?

This is a person who, having a main place of work, works for another employer (or several) in his free time from his main job (Article 60.1 of the Labor Code of the Russian Federation). Part-time work is considered to be work of a regular nature (Article 282 of the Labor Code of the Russian Federation).

You are not entitled to work part-time:

1. In all cases:

• minors;
• workers who have a primary job with harmful or dangerous working conditions;
• police officers, FSIN, firefighters;
• heads of budgetary educational organizations (as well as their branches);
• citizens who perform alternative service;
• workers hired for a position that involves driving vehicles.

1. In certain cases:

• heads of legal entities - unless there is permission from the owner of the legal entity who is the main employer;
• athletes and coaches - unless there is permission from the main employer;
• auditors of a housing savings cooperative - if this is hired work in a cooperative;
• employees of private security companies - if this is part-time work in the civil service or work in public associations;
• employees of the Foreign Intelligence Service - if this is not an official necessity, or if this is not teaching, scientific or other creative activity (in which the intelligence officer was allowed to work by his supervisor).

An exception in the form of engaging in teaching, scientific and creative activities, in which part-time work is permitted, has been established (not counting intelligence officers) in relation to:

• judges;
• lawyers;
• Central Bank employees;
• employees of the Investigative Committee;
• civil servants;
• civil servants;
• municipal employees;
• heads of municipal administrations;
• bailiffs (there is also a condition for them - the absence of a conflict of interest).

In areas not related to teaching, science or creativity, part-time work for these professions is prohibited.

A separate employment contract is concluded for each external part-time job. Let's consider what information should be reflected in it.

Mandatory terms of an employment contract with a part-time worker

The contract must contain the following information and conditions:

1. Information about the employee (last name, first name, patronymic, passport details)
2. Information about the employer (company name, details)
3. The date and place where the contract was concluded. Usually only the city is indicated as the location.
4. The place where the employee’s work duties are performed (place of work).
5. Responsibilities of the employee as agreed between him and the employer.
6. Information about the working day (start and end time, time and duration of lunch break, etc.)
7. Start date of the employment relationship. It usually coincides with the date of the contract.
8. Information about wages: its size, rules of formation and other conditions. It must be remembered that the salary of an employee under a contract must always be equal to the regional minimum wage - or rather, it has no right to be lower than this standard. But only for a full-time job - for a full-time job.
9. That is, for a part-time worker it is necessary to start from half the minimum wage (if the part-time worker works half the standard working time).
10. Working conditions - including an indication of harmful or dangerous working conditions and compensation for them.
11. Responsibilities of a newly hired employee and employer.
12. The contract duration is for fixed-term contracts. It must be remembered that a contract with a part-time worker can be either fixed-term or indefinite. The conditions for concluding fixed-term contracts are strictly specified in the Labor Code and apply equally to regular work and part-time work.

For a part-time employee, the work record is not entered in the work book.

Employment contract for external part-time work: download sample

The employment contract for external part-time work stipulates:

• In the “General Provisions” section there is wording that: work under the concluded contract is carried out on the basis of external part-time work;
• working conditions at the part-time worker’s workplace are not harmful or dangerous (for example, “optimal”), indicating the date of the special assessment, if one was carried out.
• If the conditions are harmful and dangerous, you must ask the hired employee for a certificate from the main place of work stating that the conditions there are not the same (Article 283 of the Labor Code of the Russian Federation). If so, you will have to give up part-time work.

Otherwise, the part-time worker’s employment contract is generally the same as if it were concluded at the main place of work. The part-time employee is given (and specified in the contract) the same social guarantees for vacation, sick leave, additional payments for harmful activities, etc., as provided for by the Labor Code of the Russian Federation.

Sample employment contract with external part-time worker

Features of the employment agreement

The document must be in writing in 2 copies. It must state that such work is a means of additional income, but at the same time it is regular and paid work.

Let's take a closer look at what features it has.

What does the agreement contain?

The part-time worker’s TD includes the following sections:

1. Details of the parties. The TD specifies the date and place of drawing up such a paper, the details of the parties and the position of the person being hired.
2. General provisions. The section in question indicates the position for which a person is hired, indicates the fact that he will work in addition to his main job, and the mode of fulfillment of the provided obligations. And also if the agreement is urgent, the time frame for its validity is fixed here.
3. The rights and responsibilities of an employee, for example, are:

• for certain working conditions;
• for safe work;
• to full and timely payment of labor on an equal basis with other employees of the organization;
• to rest and other rights stipulated by law.

In this case, the hired person is obliged:

• implement the tasks assigned to him;
• do not violate internal rules;
• treat the employer’s material assets with care;
• do not violate labor protection requirements.

In addition to general and standard obligations, individual functions of the worker are also prescribed here. For example, carry out reconciliations, issue invoices, etc.

1. Rights and obligations of the employer. The employer has the right:

• approve internal regulations;
• reward a person for success in work;
• hold the offending employee accountable;
• require the worker to fulfill his obligations.

The employer must:

• provide a person with an agreed job;
• organize safe working conditions;
• provide, if necessary, the necessary equipment and tools;
• pay the hired person on time.

2. Payment. TD includes features for calculating remuneration or establishes a fixed amount.

3. Social insurance.

4. Responsibility of the parties.

5. Other conditions. Specific points related to work at a specific place are prescribed. For example, the need to maintain trade secrets.

6. Procedure for changing and terminating the agreement. A part-time employee can sometimes be fired for special reasons, which are written down on paper.

7. Names of the parties, their details and signatures.

The text of the document cannot contain a ban on working in other places. As a general rule, the number of employers is not limited.

How to compose

As already noted, when registering a part-time job, the employment contract is drawn up in 2 copies and must be in writing. The paper is signed by the parties and the company's seal is placed on it.

Schedule

When concluding such an agreement, you need to carefully draw up the worker’s work schedule. The specifics of part-time work state that at an additional place of work a person should not work more than 4 hours a day. However, it is not necessary that this be an equal amount of time every day. Perhaps, on weekends from his main job, a person can work extra hours, but on other days he can appear at the second workplace for only an hour or two.

How to display an employee's work schedule

If an employee knows in advance when and how many hours he can work, this is immediately written down in the agreement. If the specific working time becomes known to him only in the course of his work, such conditions are then drawn up as an annex to the agreement.

Right to vacation

The regulations clearly indicate whether a citizen has the right to rest from additional earnings. Thus, he has the right to take vacation along with vacation from his main place of work. Moreover, if the required rest is shorter, a person can get the missing days at his own expense.

Rates and payment procedure

The agreement stipulates payment for half-time or other time worked. The salary can be fixed or set in proportion to the time period worked. Bets for calculating remuneration are accepted on a general basis.

Who should not be hired as a part-time partner?

The law sets some restrictions. Thus, the following cannot act as part-time workers:

• minors;
• persons working in dangerous and harmful working conditions;
• drivers.

In addition, some categories of the population cannot work part-time due to their profession. For example, State Duma deputies do not have the right to hold positions in the civil service or engage in commercial activities. And also in some organizations, certain restrictions on combining professions may be prescribed by internal standards. Often such provisions apply to managers and persons holding leadership positions.

Guarantees under a part-time agreement

Part-time work entails the same rights and responsibilities as the person’s main place of work.

Termination of TD

The dismissal procedure is identical to that which occurs in the standard manner. One feature is the absence of the employer’s obligation to give the worker his work. book, since he does not keep it. But no one canceled making a full settlement with him on the last day.

Let's sum it up

Employment contract for external part-time work:

• is concluded for each part-time job;
• must contain an indication that the work is performed externally;
• reflects a work schedule of no more than 4 hours a day, with the exception of days on which a person is free from his main job (general schedule - no more than 50% of the monthly time limit for employees of the corresponding category);
• reflects the employer’s ability to terminate an employment contract with a part-time worker if a temporarily absent employee takes his place;
• reflects the part-time worker going on vacation simultaneously with vacation from his main job (or on vacation at his own expense - by the number of days that vacation from his main job exceeds vacation from his part-time job).

If you find an error, please select a piece of text and press Ctrl+Enter.

Common mistakes

Error: The part-time employee does not make entries in the work book that would characterize his work, carried out on the condition of external part-time work.

Comment: Despite the fact that the work book is located at the main place of work, the employee has the right to make entries in it about external part-time work. To do this, the second employer draws up certificates, which the employee submits to the personnel department at the main place of work for making entries in the work book.

Error: At an enterprise where an employee was employed as an external part-time worker, the HR department did not open a personal file.

Comment: An external part-time worker is considered a full-time employee, and therefore an employment contract is concluded with him, an order is issued, and a personal file is opened.

Number of contracts for one employee

Unlike restrictions on working hours per month, there are no prohibitions on the number of part-time jobs .

Officially, an employee can enter into any number of contracts with employers, subject to restrictions on the number of hours of work.

But in addition to restrictions in legislation, there are also restrictions from the standpoint of common sense: any part-time work is carried out in free time from other work, and the length of the day is still 24 hours. Thus, it is rare that any employee will be able to work at 2-3 rates. Most often, the presence of several part-time jobs is due to the fact that in each of them the part-time worker does not even work half the rate, but much less.

The main example of such work in several places at once is maintenance personnel. Small firms not only do not need the constant presence of a cleaner, but also cannot afford to hire a full-time person. Provided that the number of premises served and their footage is small enough, management in this case is limited to hiring a person at half or even a quarter rate, depending on the area of ​​​​the premises and the required working time.

In fact, a cleaner can be released even earlier, because in his case, payment is not calculated for the time spent at work, but, first of all, for the result of his work. Accordingly, many cleaners enter into part-time work agreements with several employers, thus ultimately getting the opportunity to work at two, and some at three rates.

How to reflect an employee’s work schedule in a part-time employment contract?

Even when applying for a job, an employee can know exactly which days at their main job are days off. In this case, he can agree with the employer in advance about working full time on free days, and this can be taken into account when drawing up his work schedule. In this case, even when concluding a contract, you can immediately include in the sample of filling out a part-time employment contract a condition on working on certain days on a full-time basis. If information about free days became available to the employee during the process of working at an additional job, changes regarding the work schedule can be made, if necessary, later, for example, by an appendix to the contract.

Grounds for termination of the contract

The employment contract with a part-time employee may specify the grounds for termination. By default, this includes the employee’s will, of which he must notify management two weeks in advance. In this respect, part-time work does not differ from the standard procedure for leaving, allowing the employer to select a replacement. The mining may not be carried out if there is agreement of the parties in this regard.

Termination is also permitted on other grounds, namely:

• Due to the liquidation of the company;
• Unsatisfactory results of the probationary period;
• Reinstatement of the previous employee;
• Disciplinary sanctions, including in connection with material damage;
• Admission to a position by a person for whom the vacancy is permanent.

All of the above is sufficient grounds for dismissal. The applicant's retirement age and other nuances do not matter. This does not prevent you from turning to the trade union and government agencies to protect your rights.

So, the form and forms of a part-time employment contract do not differ from standard employment. The differences are related to the content, which necessarily indicates the nature of the work, payment, duration of the agreement and other nuances. The employee's rights are protected on a general basis; he has the right to vacation and other benefits. The calculation is carried out in the same way as with permanent employees, but taking into account the production volume or hours.