Working two jobs officially: what subtleties are important to know?

Position of the law

Part-time earnings - this is the name of working in 2 or more places - are allocated with. 282-288 TKR, it is there that it is described in detail how to work two jobs at the same time according to the law. From their text it is important to learn the following:

1. The number of simultaneous official places of earnings for those wishing to do so is not limited.
2. Part-time work can be arranged either with different employers or with one, in different positions.
3. One workstation should be selected as the main one (usually the first device). The work record book is kept only there. The formalized second job receives part-time status, and its execution must be subject to separately established rules. The main document in this scenario is the employment contract.

What the legislator allows in relation to a part-time position:

• work on it no more than 4 hours a day, which in total with the main workplace should be no more than 8 hours;
• perform your combined duties for more than 4 hours or the entire workday, when the main place is a day off at that time.

Thus, it is legally impossible to work in two directions at the same time full-time. Otherwise, this will be a violation of labor standards, which threatens the employer with serious punishment before the law.

Legislative regulation

Current labor legislation allows an employee to be officially employed in two jobs at once.

In this case, it is first registered at the first workplace, which is considered for

him the main one. Working for a second employer is already considered part-time work.

Distribution into main and additional places of work can also occur on the basis of the amount of working time spent on work activities.

The work on which the employee needs to spend the most time will be considered the main one.

The possibility of part-time work is established by Art. 60.1 of the Labor Code of the Russian Federation, which also distinguishes its two forms: external and internal. General regulation of such work is carried out by the Labor Code of the Russian Federation, in particular Chapter 44.

It contains:

• general rules regarding part-time work;
• a list of documents required to be provided by the applicant;
• possible length of the working day;
• payment features;
• leave rules;
• guarantees and compensation for part-time workers;
• additional conditions for dismissal.

A note about what type of activity the employee’s job function relates to - primary or part-time - must be made in the employment contract with him.

Moreover, concluding part-time employment contracts is allowed with an unlimited number of employers (according to Article 282).

What the parties are obliged to do

The employer has the right to know that his employee has taken up a parallel part-time job, and the employee is obliged to inform all his current employers about this. Based on this, the work book and all parallel employment contracts must necessarily contain a note stating that there is work registration in two organizations at the same time, indicating which of them is additional.

An example of a part-time job entry

For its part, the employer is obliged to provide such an employee with:

• full salary for the hours worked, including accepted bonuses and coefficients, with all transfers to the tax, pension fund, medical insurance;
• regular leave for the same period that it is issued at the main workplace, and if part-time leave is shorter - days off without pay, at the request of the employee, for the missing period;
• paid sick days.

The scheme of how to work two jobs officially allows you to receive double, triple, and so on, salaries, double, triple vacation pay, and sick leave on a completely legal basis. The main limitation of the scheme is to fit into the work schedule at both places without disrupting time costs and to provide the HR department with all the documents necessary for registration.

Work book - what is it?

A work book is a document of a special type, clearly described in the relevant law, which is a kind of “collection” of data on the owner’s work experience. It is on the basis of data from the labor record that the total length of service is calculated, which affects the amount of government payments that will be accrued monthly to the employee after his retirement.

What data is recorded in the work book? In addition to the owner’s personal data (full name, date of birth, etc.), the employment record contains information about all organizations where he has ever been officially employed, about all positions held in the past (indicating professions, specialties and the duration of the employment contract) . In some cases, notes are even included in the document about special successes or, conversely, significant misconduct of the employee.

Is it possible to work part-time? The video will provide the answer:

Required documents

To apply for a second job according to the law, you need the same documents as usual:

• passport;
• diplomas, certificates of education, certificates;
• other papers required for admission to the chosen position.

There is no work book on this list. It would be prudent to provide a copy or an extract of it to inform new management of the availability of the main activity. But it is not customary to make any entries in it during the second service in Russia, although it is not prohibited. Often, in a part-time position, only a work contract is signed without being included in the employment contract.

However, for some, the question is relevant: is it possible to work independently by having two workbooks? The law does not prohibit having two such documents in hand. For example, if the first one was lost, a duplicate was created for it, and then the original was found, there is no need to submit an extra copy for cancellation. Moreover, it remains valid because it contains important data about past activities. But the direct use of two books at once on different services implies concealment of the real state of affairs, and therefore can lead to unpleasant revelations of fraud.

The punishment for manipulating two work books in 2020 consists of a small monetary fine plus dismissal. However, it is easier to pay a fine than to deal with time with the pension and tax authorities, who may not want to calculate the length of service using a work book that is more beneficial to its holder. Then you will have to work hard to prove what happened.

Second work book - is it legal?

Having decided to get a second work book for parallel employment, many job seekers begin to ask difficult questions:

• Does a potential employer have the right to refuse to hire you because of your “pure” work performance?
• Is there a risk of losing your main job if your “fraud” with documents is revealed?
• How is the total length of service calculated if an employee has two or more years of work?
• Is it possible to officially get a job without formalizing (presenting) a work permit?
• And finally, isn’t issuing a second work book a direct violation of the law?

Let's start with the last on the list, but perhaps the most important point for many: the likelihood of trouble with the law. In fact, in the current legislation of our country there is not a hint of any restrictions regarding the maximum number of workers for one person.

However, by default it is believed that there is no reason for an applicant to have more than one work book, and it is “not allowed”: it is much easier if all the information a potential employer needs about your career path is written down in one single document. In addition, the presence of several employees at once can provoke confusion with tax deductions (later we will return to this topic in more detail).

However, in some exceptional cases, issuing another work book is considered completely justified even from the employer’s point of view. What situations are we talking about?

1. Loss of a work book, followed by registration of a new one at the current place of work. In this case, you are legally obligated to issue a new document to replace the lost one. Even if the loss is subsequently discovered and you have two work books in your hands, this will not be considered a violation, because they contain similar information.
2. Unforeseen life circumstances due to which the experience gained in the past became an obstacle to your current career. Technically, the law does not prohibit you from hiding your work record from a potential employer by reporting it as lost.

However, when doing this, be prepared for long explanations with tax officials. In both of the described cases, the entire length of service “accumulated” on the old work book will also be taken into account when calculating the amount of pension payments.

When two activities are not allowed

Several situations prohibit working two jobs officially, these are:

• age under 18 years;
• if there are 2 harmful productions at once (only 1 harmful, 1 (or more) harmless is possible);
• service in some government positions.

In other cases, earning money in two places at once is legally available to everyone and will not cause any complaints when the applicant is ready to work diligently and pay taxes without knowingly fraudulent schemes.

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In case of violations

Some people try their best to officially get a few jobs as a base. That is, not have a part-time job. Instead, only official full-time employment. For this purpose, a second work book is opened.

Please note that this technique cannot be considered legal. It will definitely lead to a number of problems. For example, after an audit, the tax service will call you for a conversation. And you will have to explain why you officially work in several places. In some cases, you can get away with a warning and correct the situation by signing a contract for part-time work in one of the places. Or you will be fined and required to resign from one company.

By the way, if you do not have a main place of work, then exactly the same punishment will follow. The Labor Code of the Russian Federation states that in order to have a part-time job, a citizen must have a place where he works on a permanent basis.

Procedure and nuances of design

An employee must register for his first (main) job in the same way as for any other:

• An employment contract must be drawn up, which will indicate everything significant for the job: the rights and responsibilities of the employee, bonuses and benefits that he can claim, social guarantees that the employer undertakes to provide him, cases in which the employment contract will be terminated.
• The employee must be familiar with the list of duties that he undertakes to perform, against his signature.
• An employment order must be issued.
• Based on the order and labor agreement, an entry must be made in the work book, which must subsequently be kept in the personnel department of the enterprise until the employee is dismissed.

When applying for a part-time job, an employee can no longer provide the employer with a work book (it makes no sense to keep two of them). Therefore, he must have with him:

• An identification document is usually a passport.
• Diploma of education.
• A certificate from the main place of work, which will indicate its nature and basic important information.

When all documents are provided, registration proceeds according to the usual procedure:

1. The parties sign an employment contract with all the necessary information, in which they additionally indicate that for the employee this is a part-time job.
2. The employee reads the list of duties and signs that he has read and understood everything.
3. Based on the agreement, an order is issued to enroll the person on the staff.

Since the work record remains with the main employer, only the worker himself has the right to decide whether to enter information about the second job into it, or whether he does not need it .

If he decides that a mark is needed, he should provide the HR department at the place of his main employment with several documents from his part-time job:

• Order on enrollment.
• Employment contract.
• Application with a request to enter information into the book.

In general, registration requires more time than for one place of employment. It also has some nuances:

• There are two ways to determine which job will be your main one: By time of employment . Whichever job the employee was enrolled in before is the main one.
• By the number of working hours . Whichever job a person works the most is the main one.

If you are interested in what the list of LLC members looks like, read this article. How to correctly fill out a notice of liquidation of a legal entity - see here.

How to work two jobs officially: the specifics of formalizing labor relations

To get an affirmative answer to the question of whether it is possible to get two jobs officially, you need to look into your work record. There will be no need to create a second or third copy of it. Such an employment document remains only in one of the companies where a particular employee is hired - the one that will subsequently be considered the main place of employment. Representatives of the HR department and your own superiors must be informed of your desire to become a part-time worker. Usually a special application is drawn up for this purpose. This step will lead to the appearance of a corresponding note in the labor document. For other employers you will have to work on the basis of a contract, for which you must provide a general passport and a diploma.

Working time planning

When drawing up a contract, the employer is obliged to stipulate a schedule. It is believed that additional work cannot take more than 4 hours a day. Working hours may be less if the main job involves a full shift. Weekends, which at the main place of employment fall between Monday and Friday, can be used as full working days at an additional job. The period of part-time work, at the request of both parties, can be indefinite or strictly limited. This nuance must be specified when drawing up agreements.