Internal alignment how to arrange. The nuances of the design of the internal combination of posts. When to Use Inner Matching

What is part-time work: the Labor Code of the Russian Federation

Part-time work is devoted to the entire 44th chapter of the Labor Code (articles 282-288). We are talking about the performance by the employee in his spare time from the main job of another regular paid job. This is how the combination of the Labor Code of the Russian Federation defines. In order for an employee to become a part-time job and take an additional position on a legal basis, you should arrange with him labor contract.

The law provides for both internal, within the same organization, and external part-time jobs: the Labor Code of the Russian Federation does not limit the number of employers with whom employment contracts can be concluded, but requires that the working time norm be observed - no more than four hours a day.

Do not confuse internal part-time work with a combination of professions or positions, which is drawn up by an additional agreement to an already existing employment contract and does not increase the total length of the employee's working day. Find out how the combination is processed and paid for in new article.

Internal part-time workers enjoy the same rights and guarantees as the rest of the staff and should not overwork. It is possible to exceed the four-hour norm only on the condition that on this day the employee is completely released from work job duties in the main position (Article 284 of the Labor Code of the Russian Federation). AT vacation schedule and time sheet internal part-time include twice or more, separately for each position. And when calculating his hospital allowance, one should take into account the earnings received at all places of work (Article 14 of Law No. 255-FZ of December 29, 2006, clause 2 of the provision approved by Decree of the Government of the Russian Federation No. 375 of June 15, 2007).

Paid leave is provided in the usual manner, but instead of one order for leave, two or more will have to be issued, according to the number of positions occupied by the employee. Alternatively, instead of the unified form T-6, a modified order form can be developed and approved, which provides additional details for the one-time provision of leave to a part-time worker for all positions held.

Types and features of additional work

Prohibitions and restrictions on internal combination of jobs under the Labor Code of the Russian Federation

Sometimes a part-time job is impossible for objective reasons. For example, due to a legal ban.

Special rules apply to personnel who perform hazardous work or are directly involved in driving vehicles. Such employees cannot be taken part-time for positions related to the performance of similar functions.

Internal combination of positions: registration and payment

Experienced personnel officers are familiar with the concept of "internal part-time work" firsthand. How to arrange and pay for the work of an employee holding several positions in an organization at once, the expert of the Personnel System will tell you, Evgeniya Remneva, head of the HR administration group of the outsourcing company Intercomp.

Part-time work: answer questions about registration and remuneration

It does not matter either the complexity or the amount of work performed (it can be half, and a quarter, and one-eighth of the full rate). The registration procedure is the same, the set of documents varies slightly.

How to arrange an internal part-time job with one employer

Step 1: Register your job application, if this stage is provided for by the internal rules of the company.

Step 2. Ask the employee for missing documents. As a rule, the main documents - a passport, a work book, SNILS, a military ID - are provided by an internal part-time job at the time of admission to the main job. Therefore, the personnel officer already has a complete set of information about the employee, but if the part-time position requires additional knowledge and skills, request the appropriate diplomas, licenses, certificates, certificates.

Step 3. Familiarize the employee with the job description. Number job descriptions, with which it is necessary to familiarize the part-time worker against signature, should correspond to the number of positions occupied. Read in the magazine "Personnel Business" what to do if

Step 4. Sign an employment contract. Indicate that you are accepting an employee for an internal part-time job (the Labor Code of the Russian Federation requires that this condition be included in the contract), write down the mode of work: the length of the working day, the time it starts and ends.

If the duration of the working day of a part-time worker does not exceed four hours, lunch break may not be given to him. Discuss this issue with the employee before prescribing a work schedule in an employment contract. Learn more about work breaks and how they are granted .

Step 5. Issue a job order. Use the unified T-1 form or approve your own form, the main thing is to make sure that it contains all the required details. Enter information about the employee: personnel number, full name, position. As in the employment contract, reflect the condition of part-time work and write down the full official salary, but be sure to specify in what order the work of the part-time worker will be paid. Familiarize the employee with the order for signature, upon request, issue a copy of the document.

Step 6. Fill out the work book only at the request of the employee. If he requires a record of part-time work, the employer does not have the right to refuse. The type of part-time job is not indicated in the work book. It is enough to enter data on the structural unit and the position occupied by the employee, as well as the details of the order for employment.

Advice from an expert of System Kadra

It is not necessary to duplicate the name of the company either in a separate column before the entry for an internal part-time job, or in the entry itself. One entry about the employer in column 3 is sufficient, made at the time the employee was hired for the main job in the same organization. Learn more about the rules for issuing work books and inserts in them, different types records and The most common mistakes made by HR professionals .

Pay for the work of internal part-time workers in proportion to the time actually worked or based on output (Article 285 of the Labor Code of the Russian Federation). If work is performed in an area for which regional coefficients and allowances are established, take them into account when calculating wages.

Internal part-time work will not cause problems for either the employee or the employer, if you follow the letter of the law and correctly draw up documents at the stage of employment. The more precisely the work schedule and the procedure for remuneration of a part-time worker are prescribed in the employment contract, the lower the risk of conflict. Include in the timesheet and vacation schedule of part-time workers separately for each position held.

Article 60 of the Labor Code of the Russian Federation prohibits requiring an employee to perform work not stipulated by an employment contract. In this case, the employee can perform other work in combination or combine work in another position. What is their main difference? The 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?

Compatibility. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude employment contracts on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) and (or) with another employer (external part-time job).

Part-time employment - the performance by an employee, in his spare time from his main job, of another regular paid job on the terms of an employment contract (Article 282 of the Labor Code of the Russian Federation).

For part-time work with an employee, an employment contract is concluded.

Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation).

In case of time wages, settlement with a part-time worker is made from the rate (salary, official salary) for the combined 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 a part-time worker is entered in the time sheet.

We draw up, on the terms of internal part-time work, an employee for the position of an accountant with an official salary of 15,000 rubles. at 0.25 rates.

Working hours - 40 hours a week. Accordingly, a part-time worker is required to work 10 hours a week.

Remuneration is made in the amount of 3,750 rubles. (15,000 rubles x 0.25).

Combination. Article 60.2 of the Labor Code of the Russian Federation provides for the possibility of instructing an employee to perform, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work for an additional fee.

The additional work assigned to the 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.

To combine positions (professions), expand service areas, increase the scope of work without exemption from the main job, it is necessary to obtain the consent of the employee and draw up an additional agreement with him to the employment contract, since the working conditions specified by the parties to the employment contract change. At the same time, the employer does not keep records of the time worked by the employee in a combined position.

Surcharge for combining professions (positions), expanding service areas can be set 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, including when combining professions (positions), the employee receives the appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, 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.

When assigning additional work in the order of combining positions (professions), is the employer entitled to make an additional payment in the amount of the full salary for the combined position? For example, when assigning additional work to a position with a salary of 12,000 rubles. establish a surcharge in the amount 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 the 40-hour work established for the employee working week) he will have to fulfill the duties assigned to him both in the main and in the 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 a proportional amount from the salary (official salary) for the combined position.

Any adult Russian can work part-time. The legislation does not prohibit conducting activities in several positions and even in different areas. Such employees are considered full members of the team. They have the same responsibilities as their colleagues, but with some special features. For more information on how to arrange an internal part-time job at a company, read on.

If an employee performs tasks not only those that are assigned to him according to his official salary, but also has additional duties, then he is a part-time job. That is, he has a secondary job. To formalize an internal part-time job, employment must be permanent, paid, formalized by an agreement. If one person performs work in two positions at the same time, then we are talking about internal part-time work. If an employee works at two companies at once, then outwardly part-time employment takes place.

Part-time employment can be within the same position, but with a double salary. In this case, the employee simply takes on additional hours of work.

Legislation

According to the Labor Code of the Russian Federation, any citizen has the right to take on additional labor duties in his spare time. This type of relationship is called partnership. It means that the employee officially takes on additional responsibilities.

"Combination" and "combination" are different concepts. In the first case, we are talking about the fact that a person takes extra hours of work, and in the second case, that the employee must perform all duties in exchange for a surcharge. working time.

Who can NOT become a part-timer?

Before you correctly arrange the internal part-time job of an employee, you need to make sure that he is not included in the exclusion group. The fact is that not every citizen can be a part-time worker. Exceptions include:

• minors (persons under 18 years of age);
• representatives of the professions high level responsibility (lawyers, judges, employees transport sector, special services);
• employees of state and municipal organizations;
• military personnel;
• persons working in difficult conditions;
• members of the Government of the Russian Federation.

If a vacancy appears in the company, the employer may offer a specific employee to become a part-time job. The last word will remain with the employee.

How to arrange an internal part-time job: preparation

Since internal part-time employment provides for a salary increase, this type of activity should be formalized on the basis of a written agreement. The TC provides clear instructions for concluding an agreement. First, the interested employee must write an application addressed to the employer. A sample document can be taken from the accounting department. Secondly, before applying for an internal part-time job with one employer, the personnel department may request documents confirming that the employee has qualifications. But they do not have the right to demand a passport or labor again. The employee provided these documents at the initial request.

Treaty

If the application is approved by the director, then a special employment contract will be concluded with the employee. It should indicate that the written agreement relates exclusively to part-time work. You should also specify:

• hours of work for the new position;
• list of duties;
• rest mode;
• procedure for receiving wages;
• terms of termination of the contract;
• validity period of the document;
• vacation period.

Such a document is valid for a clearly limited time. At the end of the specified period, you will need to go through the registration process again. Fixed term contracts are issued for the period:

• seasonal work;
• performance of other people's duties;
• elimination of the consequences of emergency situations;
• work outside the country.

A fixed-term contract can be concluded not only with a part-time job, but also with employees who:

• perform seasonal work;
• are sent to work abroad;
• works at a small enterprise of up to 35 people;
• are pensioners.

The TC does not spell out exactly how to register it in the contract. Maximum term The duration of the contract cannot exceed 5 years. As a restriction, the document specifies an end date or a specific event, for example, an employee's exit or the completion of seasonal work. The wording "Before manager Petrov returns to work from administrative leave" is allowed, etc.

Supplementary agreement

Sometimes the combination is formalized by an additional agreement. It cannot exist without a basic contract. The combination provides for the performance of the amount of work in excess of the norm during working hours. An additional agreement may be required if part-time work becomes the main job. But in this case, it is more correct to issue a complete dismissal first, and then acceptance to a new position.

From a legal point of view, the signing of an employment contract is not reserved for the employee new status. For the changes to take effect, you need to issue an order for internal part-time work.

Order

In order to properly issue an internal combination, you need to issue an order in which you indicate:

• passport details of the director;
• number and date of the order;
• employee details;
• Job title;
• work department;
• contract time;
• mode of operation, hourly normalization;
• link to the main employment contract.

The document must be signed by the director and employee. Each party to the transaction must have its own copy. Three working days are allocated for the registration procedure.

Consolidation in the same position

There are situations when a position remains vacant for a long period of time, and the company has employees who perform this work with sufficient experience. qualifications and skillset. In this case, you should ask how to arrange an internal part-time job with one employer for one position.

If the second position is identical, then the issue of part-time employment will cause a lot of difficulties due to amendments to the Labor Code. Under the law, part-time work is understood as the performance by an employee of a process that differs from the position held. That is, both works must be opposite to each other. Therefore, employers draw up this operation at their own peril and risk. If the company is subject to scrutiny labor inspectorate, such cases will be checked in detail. If the inspection establishes that the employer deliberately deprives the employee of the right to additional wages, then penalties will be imposed on the organization.

To protect yourself from such situations, the manager must rely on objective grounds when applying for a part-time job. Working conditions should be beneficial for the employee. It is equally important to properly complete the documentation so that additional hours of work do not overlap with the main employment. Labor must be paid in the amount of at least 1/2 of the salary of the additional position, including all allowances and additional payments. The employee must retain all social payments and releases, and for both positions.

Limits

The number of places of work of part-time workers is not limited by law. The length of the day of a part-time worker cannot exceed four hours a day. If an employee is released from his main job on some day, he will be engaged in additional activities full time. But for a month, the duration of work should not exceed 1/2 of the norm of time established for this category of employees.

Limits can be waived if the employee in the main job:

• suspended activities due to delayed payment of salaries;
• suspended for health reasons for a maximum of four months;
• is a director, deputy, chief accountant and holds another managerial position.

There are also separate limits on positions. In particular, they cannot work part-time:

• director unitary enterprise;
• head of the security bureau;
• head of the state and municipal educational institution.

All other senior managers can work part-time only with permission authorized body or owner of the organization.

If the organization nevertheless accepted an employee who falls under the exceptions, he must be fired.

Termination of the contract

Having figured out how to arrange an internal part-time employee, let's move on to the issue of termination of the contract. The dismissal of a part-time worker is issued in the usual manner. To terminate the employment relationship, one of the parties must demand termination of the contract. If the agreement was concluded for the period of seasonal or temporary work, then with their completion, the term of the contract also ends.

If the organization does not plan to continue cooperation, then it is obliged to notify the employee at least 3 calendar days before the moment of dismissal. The notice is issued in writing and handed over personally to the employee. If the employee refuses to sign the act of dismissal, then you need to draw up an act of refusal and give it for signature to two witnesses. This will serve as proof of receipt of the notification. Next, an order is printed, in which, as a basis, the details of the notice of termination of the contract are indicated. Already on the basis of this document, entries are made in the work book and the employee's personal card.

How to issue an internal part-time job in 1C 8.3

From 04/01/2015, Klimova I.N. is accepted to the LLC as an accountant to work as a part-time job for 0.5 rates. The amount of the full salary is 20 thousand rubles / month. Working hours - 5 weekdays for 4 hours. Consider how to arrange an internal part-time job in 1C.

The first step is to enter a new employee in the "Individuals" directory. To do this, click on the "Add" button and step by step enter the data: full name, date of birth, gender and check the box "Staff member". The "Organization" field is filled in automatically, and the "Personnel number" after recording the card is put next in order. It also indicates the TIN, passport data, pension certificate number and other data, for example, disability group, etc.

On the second tab "Place of work", all data on working conditions are filled in. An "Order of employment" is automatically generated. How to arrange an internal part-time job? In the "Type of employment" field, indicate "Internal part-time job". It also indicates the division of work, schedule (0.5 rates), probationary period. The correct filling of these fields affects the correct calculation of wages in the future.

Details of the employment contract are assigned automatically. In the case of registration under a fixed-term contract, you must fill in the end date.

At the next stage, information on charges is indicated: their type, size, list of allowances. If the part-time worker is entitled to a salary, then you need to select the calculation "Salary by the hour" and set the full rate. When calculating wages, it will be recalculated based on the number of hours worked.

How to arrange an internal part-time job? After filling in all the data, you need to click on the "Finish" button. Information about the employee will be included in the database individuals. A job order will automatically be generated. All you have to do is print it out and sign it.

Payroll

Having figured out how to enter in 1C to reflect the internal part-time job, let's decide how the salary is calculated for the employee? For example, in April 2015, an employee worked 87 out of 175 full-time hours. The accrued salary will be: 20000/175 * 87 \u003d 9942.86 rubles.

All accruals will be carried out by the document "Calculation of employees' salaries".

Internal part-time job: how to arrange a vacation?

Employees are entitled to leave after six months. continuous work In the organisation. Before this time, part-time workers can receive leave, provided. that this period coincides with leave at the main place of work. This is a partner's right, not an obligation. That is, he can go on vacation at his main place of work and continue to work part-time. And vice versa. If the number of days of rest at the main place of work exceeds due leave part-time worker, then the difference should be covered by leave "at his own expense".

By standard scheme holiday pay is calculated if there is an internal combination. How to take a vacation?

At the first stage, the actual work time is calculated. Holidays and non-working days are deducted from this period. Next is determined total amount wages received, net of taxes and other deductions. Total earnings are divided by the hours actually worked for the previous calendar year. The average daily salary is multiplied by the number of vacation days.

Example

On November 4, 2015, an employee of the company, who was employed back in 2012, took shape at another enterprise as a part-time job. From June 2, he is granted annual leave of 24 days. As of the reporting date, the amount of his actual earnings amounted to 78 thousand rubles. in the main place and 12 thousand rubles. as a collaborator. Calculate holiday pay.

The billing period is the amount of earnings from June 2015 - May 2016. 10 fell in the reporting year public holidays.

Vacation pay at the main place of work \u003d (78000 / (365-10)) * 24 \u003d 219.72 * 24 \u003d 5273.28 rubles.

When calculating part-time vacation pay, full months of work will be taken into account. Since the employee was employed in November, the reporting period includes December 2015 - May 2016. This period includes 8 holidays and non-working days.

Part-time vacation pay \u003d 12000 / (182 - 8)) * 24 \u003d 68.57 * 24 \u003d 1645.68 rubles.

Advantages of part-time

The presence of additional time and the peculiarities of drawing up a part-time contract allow the employee to “switch” between work tasks, paying attention to the priority issue. This approach effectively affects the personal development of the employee.

If you register an internal part-time employee, then it will be possible to conclude any labor agreements even if they change the type of employment.

If one of the positions held is liquidated, then the employee should be able to renew the contract with the employer, securing the remaining position as the main one. That is, the combination allows the employee to obtain some financial and professional stability.

But the benefits from part-time jobs are received not only by the employee, but by his employer. In particular, he pays less taxes and saves the wage fund.

office work

Each worker has the right to dispose of both his labor abilities and free time as he sees fit, that is, at the end of the day at his main job, he can have an additional load, thus being an internal part-time worker.

But the procedure for registering secondary employment differs from that of the main future employee, and also has its own characteristics, in connection with which many employers have difficulties in preparing the appropriate package of documents, which it is quite possible to resolve, observing the norms of the law.

Normative base

Legal regulation of the work of part-time workers employed on a third-party or own enterprise, is regulated by the norms of the Labor Code of the Russian Federation, in particular, Chapter 44, which says that part-time work is additional work that is performed outside the established labor mode of work, in free time and on a regular basis.

For some categories of workers, namely, for teachers and physicians, as well as pharmacists, taking into account the characteristics of their industry, the Decree of the Ministry of Labor of the Russian Federation No. 41 provides for a separate procedure for combining several positions at the same time, both for similar labor specifics and for different ones.

Given the fact that a part-time job is, in fact, a full-time employee holding a position specified in staffing, it is subject to all local acts of the enterprise in full.

As well as additional employees have the right to provide almost all benefits and compensations that are provided for in labor legislation and other legislative norms Oh.

Features and Distinctions

Despite the fact that part-time workers are the same employees of the enterprise as others, their employment still differs from that on a permanent basis in the following parameters:

• Fulfillment of labor duties in free time, which implies the existence of an individual mode of work shift.
• Reduced working hours, which implies employment of no more than 4 hours on a daily day or full employment on a day off from work, but on average no more than 50% monthly rate labor hours.
• The amount of wages calculated in proportion to the hours worked, but taking into account all allowances and additional payments established at the enterprise, as well as incentive payments.
• Provision of basic paid leave only simultaneously with a similar period of rest at the main place of employment.
• Termination of the employment contract at the initiative of the management of the enterprise, if another employee is hired for the position of a part-time worker, provided that employment will be the main one for him, and not secondary.

One post

Article 282 of the Labor Code of the Russian Federation states that an employee can be employed by several employers, and, accordingly, be employed in several positions at the same time, and not only in one enterprise.

However, given the specifics of the company and the presence of identical positions, the question arises, is it possible to be an internal part-time worker in similar positions in one company? Yes, since Article 60.1 of the Labor Code of the Russian Federation does not contain a direct ban on holding identical positions.

Due to production needs, an employee can combine two full-time vacancies even in the same structural unit and occupy positions similar in terms of labor functions and other characteristics.

For different positions

Considering the above regulations and the right of the worker to be involved as an additional employee both in one structural unit and in several, the employee can work in different positions if his qualifications, work skills and state of health meet the specified requirements.

Difference from external and combination of professions

Each employee has the right to additional employment, which is not limited to internal part-time work, because you can be an external part-time job, as well as combine several positions at the same time.

And if part-time work at one and at different enterprises differ from each other only in the location of places of work, which can be located both at the same enterprise and at different ones, then the difference between combination and part-time work is more cardinal.

Benefits for employee and employer

Of course, secondary employment is beneficial both for the employee and for the management of the enterprise, because it is not only additional income for the worker, but also the opportunity to use labor resources with minimal loss in wages for the company.

How to apply for a part-time job with one employer?

For each main employee at the enterprise, a personal file is formed, which contains not only photocopies of previously provided documents, but also administrative documents confirming personnel movements throughout the employee's work in the company.

If an employee is accepted as an internal part-time worker, he already has a formed personal file with all necessary documents, and, nevertheless, given that part-time employment is additional employment in another position, a new package of documents is formed for an additional employee.

Based on Article 283 of the Labor Code of the Russian Federation, an internal part-time job must provide:

• passport (copy);
• a document confirming the presence of a certain qualification, rank or other skills to perform a certain kind work;
• part-time application.

Sample application for internal part-time job

How to register a part-time employee correctly? Read here.

Personnel nuances

In accordance with the submitted documents and the application for admission, the enterprise issues an order for part-time employment to accept an employee as a secondary employment.

A new agreement on mutual cooperation is also concluded, taking into account all the conditions for additional work, starting from an individual work schedule, ending with the amount of payment and the procedure for providing compensation payments.

Also, a new personal file is formed for the part-time worker, a personnel number is assigned and the T-2 card is filled in in accordance with the norms of the current legislation.

And regardless of whether a part-time job is accepted in an identical position or not, the procedure for admission, as well as the formation of a personal file, remains unchanged and applies to all full-time employees without exception.

One post

In the event that two employees are accepted for one position, who, respectively, will perform work at half the rate, a new personal file and an appropriate package of documents are formed for each of them.

Under such conditions, they will have individual conditions labor, and their own procedure for paying for the effort expended, and a separate workplace.

For different positions

Given that each position has its own peculiarities of the mode of work and performance of labor duties, the execution of the appropriate package of documents for internal combination for different positions is also mandatory and is carried out on a common basis.

If the main job has become part-time

At the legislative level, a ban on the transition from the main job to the position of a part-time job at one enterprise has not been established.

Moreover, in the letter of Rostrud of the Russian Federation No. 838-6-1, clarifications were provided on the procedure for registering such changes in the employee's work activity.

In accordance with the agreed recommendations, if the main employee has found another place of work with more acceptable employment conditions, but wants to keep labor Relations With former management company as an additional employee, he is subject to dismissal in the manner prescribed by law, with a note in the work book about the termination of cooperation.

Then the employee draws up a cooperation agreement already at another enterprise, which will be the main one, and only then is accepted to the former enterprise, but already as a secondary employment worker.

Transfer of a part-time job to another similar position

If the management of the enterprise offers a part-time employee a transfer to another position, which, although it has similar working conditions, implies some changes, for example, in pay or the location of the workplace, then first you need to get the consent of the employee, since any changes in the terms of the cooperation agreement can only be done with the consent of the parties.

However, if the employee’s working conditions do not change and it became necessary to transfer him to another position, which, due to circumstances, turned out to be vacant, the company’s management may move the part-time job without his consent, but on the condition that the new position will also be a secondary employment, and the implementation new duties are not contraindicated to the worker for health reasons.

In what cases is it possible to dismiss part-time at the initiative of the employer? Read here.

How many rates can you take part-time? Find out here.

Working hours

According to the norms given in Article 284 of the Labor Code of the Russian Federation, internal part-time work cannot exceed half the established norm of working hours per month.

That is, on his working day, a secondary employment worker can perform his duties for no more than 4 hours, but on a weekend, as an exception, he can work a full shift.

Often, this approach is used in shift work, where it is quite difficult to find a qualified worker.

Amount of days

Considering that in each month the number of working days varies depending on the availability of weekends and holidays, the norm of working hours also changes accordingly.

That is why, to calculate the normal duration of accounting for working hours in many enterprises where there is a continuous process of work, the summarized accounting of working hours is used, the procedure for calculating which is established internal acts companies.

How many bets can you take?

Given the restrictions on employment hours for secondary employment workers established by the norms of Article 284 of the Labor Code of the Russian Federation, a part-time worker cannot work full time, only half, that is, at 0.5 rates.

In the order of exceptions, which are stipulated in the mentioned norm, a part-time employee may be employed for a full month, but in the following cases:

• suspension of labor activity in connection with the arisen wage arrears in excess of the established minimum (Article 142 of the Labor Code of the Russian Federation);
• suspension of the worker about the duties performed in connection with the state of health up to 4 months, provided that part-time work is not contraindicated for him (part 2 of article 73 of the Labor Code of the Russian Federation).

For certain categories in some industries, in particular, for pharmacists and teachers, according to the norms enshrined in the Decree of the Ministry of Labor of the Russian Federation No. 41, other part-time conditions are provided that allow full-time part-time work.

Vacation

In accordance with the norms of the law, namely, Article 287 of the Labor Code of the Russian Federation, part-time workers have the full right to the guarantees established by the Labor Code of the Russian Federation, along with permanent employees in full, that is, they are entitled to annual leave in the same amount.

Part-time workers are entitled to a vacation of 28 days, and not 14 days, taking into account their employment at only half the rate.

But an additional period of rest, for example, if there is harmful conditions at the place of work, a part-time worker is provided only for the time actually worked in such conditions, which is why this type of vacation cannot exceed 3-4 days per calendar year.

Salary

Given the employment of workers in secondary employment only at half the rate, remuneration for this category of employees is made only in proportion to the hours worked, in accordance with the norms of Article 285 of the Labor Code of the Russian Federation.

The amount of remuneration for the work of additional employees directly depends on the hours worked, to which are added both the allowances established for the position and incentive payments as a percentage of the salary that the employee is entitled to in accordance with the staffing table.

Calculation

For example, with a salary of 15,000 thousand, and an allowance of 10%, as well as a bonus of 50%, the part-time worker should receive in total population wages in the amount of 10440 thousand rubles.

Payroll is calculated in the following way:

The salary is divided by the monthly rate of hours, for example, by 160, then multiplied by the number of hours worked, say 80, to which 10% of the allowance and 50% of the bonus are then added and 13% of the tax is subtracted.

taxes

A secondary employment worker, like every worker who makes a profit in the form of wages, is obliged to deduct taxes that are calculated in proportion to the income received and sent to the state in the amount established by law, but the part-time worker has the right to use the tax deduction only at one place of work at own choice.

Can a teacher work part-time? Read here.

Decree payment

Both the main employee and the part-time worker have the full right to take maternity leave, which consists of leave on permission from the burden, and parental leave, which involves compensation payments both for the period of disability before childbirth, and for the period after childbirth.

Payment of sick leave before childbirth in accordance with Federal Law No. 255 is possible not only at a permanent place of work, but also at a secondary place of work, too, if the woman has worked for at least 2 additional years and transferred contributions to the Social Insurance Fund.

In such a situation, the sick leave is issued in several copies, which are provided to all institutions where a woman is involved as an employee.

Also, the norms of Article 256 of the Labor Code of the Russian Federation apply to a part-time woman, which says that an employee who has gone on maternity leave retains her position, even in the case of personnel optimization and job cuts.

The only exception to the established norms is the complete liquidation of the enterprise.

But the payment of a one-time allowance for the birth of a baby, as well as a monthly allowance for caring for a baby, a woman can receive only one place of employment.

Accordingly, she has the right to choose where the amount of payment will be higher.

Given that the monthly allowance is calculated at a rate of 40% of the previously received payment, many women choose, of course, the main enterprise.

Student leave payment

Based on Article 287 of the Labor Code of the Russian Federation, student leave is paid only at a permanent place of work.

A secondary employment employee submits a certificate-call and draws up student leave only at a permanent place of work, and administrative leave is issued accordingly in a secondary company.

sick leave

But periods of illness and indisposition, in some cases, can be compensated both at the secondary enterprise and at the main one, even if the employee is employed as a part-time worker in more than one organization.

So, in clause 2 of article 13 of Federal Law No. 255 it is said that the period of illness can be paid to a part-time worker at several enterprises at the same time if he has been employed as an additional worker for at least 2 years.

Dismissal

The procedure for terminating mutual cooperation with secondary employment workers is provided for by the norms of Article 288 of the Labor Code of the Russian Federation, which says that the contract with an additional employee can be terminated if a worker is accepted for his place of work, for whom this vacancy will be permanent place labor.

But dismissal under the agreed condition is provided as an additional reason, in other cases, when terminating the contract with a part-time worker, general terms and Conditions for dismissal, specified in Article 77 of the Labor Code of the Russian Federation.

Is part-time work of a municipal employee allowed? Read here.

You can find out more about remuneration for internal part-time work here.

Enrollment in labor

Internal part-time work, the design of which is described above, has few distinguishing features from external part-time work, which, however, do not apply to making a mark in the work book.

Usually, external part-time worker he himself decides whether to make an entry about additional employment in the agreed document or not, and with internal part-time employment, the entry is still made, since the work periods record book is stored at the enterprise and, accordingly, the personnel worker is obliged to enter all information about employees into it.

Compensation

Considering that the part-time worker is the same employee as everyone else and he is subject to the full scope of legislative norms, he is entitled to compensation upon dismissal in the same amount and on the same grounds as for the main employees.

The part-time worker is entitled to compensation for all days upon dismissal unused vacation and severance pay, if such a condition is enshrined in local acts, as well as other compensation payments stipulated in the Labor Code upon dismissal at the initiative of the company's management in special cases.

The procedure for registering labor relations with an internal part-time job, of course, has its own distinctive features in comparison with the main employees, but, nevertheless, they are not so great.

Therefore, with strict observance of the norms of the law, both the employee and the employer will be able to work for the benefit of the company.

Internal combination: how to apply

Each employee may, in his spare time from his main job, perform other regular work in the same organization where he currently works, or in any other enterprise. Such work is called part-time work (Article 282 of the Labor Code of the Russian Federation).

General information

The labor legislation of the Russian Federation defines what internal part-time work means. Part-time workers are those employees who, in their free time from their main work, perform other regular work for the same employer (Article 60.1 of the Labor Code of the Russian Federation). This type of employment should be distinguished from combining professions (positions) and increasing the volume of work at the main place of work. In contrast to internal part-time employment, when combining professions (positions), an employee performs additional other work (in a different position (profession)) during the working day along with the main job. When combining professions (positions), both the employee and the employer have the right to prematurely refuse to perform additional work. When answering the question of how to arrange an internal part-time job with one employer, it must be taken into account that the internal part-time job is already working for this employer at the main job.

Restrictions on the performance of internal part-time work

When deciding to register an employee as an internal part-time job, it should be borne in mind that not every employee can be hired in this capacity. The law does not allow the employment of the following categories of employees on an internal part-time job:

• persons under 18 years of age (Article 282 of the Labor Code of the Russian Federation);
• persons employed in work with harmful and (or) hazardous conditions labor, if the main work is associated with the same conditions (Article 282 of the Labor Code of the Russian Federation);
• employees involved in driving vehicles or traffic control Vehicle, if during internal part-time work this worker will fulfill similar works(Article 329 of the Labor Code of the Russian Federation);
• other categories of employees in respect of which the ban on part-time employment has been introduced by separate federal laws (employees of internal affairs bodies, state and municipal employees, prosecutors, judges, etc.).

Internal part-time work: documents provided by the employee

Since the internal part-time worker is already working for this employer, in most cases the employee does not need to provide any additional documents. The provision of additional documents by the employee will be required only if special knowledge is required to perform additional work in another position. In this case, the registration of internal part-time jobs for different positions should be carried out when the employee provides a document on education (qualification).

Features of the design of an internal part-time job

The peculiarity of the design of an internal part-time job is that the employee is already working in the organization and an employment contract has already been concluded between him and the employer. And yet, when registering such labor relations with an employee as an internal part-time job, the Labor Code of the Russian Federation requires the mandatory drawing up of a separate labor contract with this employee (Article 282 of the Labor Code of the Russian Federation). Such an employment contract must necessarily contain an indication that the work performed by the employee is a part-time job. It should be noted that a fixed-term employment contract can be concluded with an internal part-time worker (part 2 of article 59 of the Labor Code of the Russian Federation). As well as when hiring for the main job, the employer, when hiring for an internal part-time job, issues an order to hire an employee. The order (as well as the employment contract) must contain an indication that the employee is hired part-time (Article 68 of the Labor Code of the Russian Federation). Considering the limitations of the legislation regarding the duration of part-time work - no more than four hours a day (part 1 of article 284 of the Labor Code of the Russian Federation), it is important to pay attention to the need to keep separate records of working hours (from the main job) in relation to the internal part-time job (article 91 TC RF). An entry in the work book on the performance of work on the terms of internal part-time work is carried out only if the internal part-time job requires this from the employer (part 5 of article 66 of the Labor Code of the Russian Federation). For the rest, the registration of hiring an employee on the terms of internal part-time employment is carried out by the employer in a manner similar to the procedure for hiring an employee at the main place of work.

Internal combination

Consistency refers to permanent job belonging to the type of secondary employment, understood as the level of participation of the population capable of working in production activities.

It is associated with additional work, which, by satisfying personal and social needs, is capable of generating income, expressed in the form of wages. Part-time work can be done in your free time from your main job in any organization, including the one where the employee works.

Universal worker in business

What does the law say?

Many citizens of Russia, in order to earn ancillary cash to improve living conditions, they begin to engage in labor activity, which is classified as a second employment. These works include part-time, combination, work with the conclusion of a contract.

Any person can get a second job in accordance with Art. 60.1, if the situation does not contradict the provisions of the Labor Code or other federal laws and have a permanent auxiliary income.

In addition, Art. 60.2 contains instructions on additional work on combining, which is allowed to be carried out simultaneously with the main work during working hours.

In what cases is this possible?

Often a situation arises when the leader performs functional responsibilities a part-time accountant, since the organization is not able to hire a full-time employee. He can according to Art. 276 of the Labor Code to work as a part-time worker, but subject to certain conditions and with the permission of the body that is officially responsible for the activities of the enterprise or the person who has the right to property.

Employees of the public sector, who are teachers, employees of institutions of culture, medicine, pharmacology, can earn extra money by taking additional part-time jobs.

In some situations, due to production needs, the employee is assigned work, which is paid additionally, based on his written consent. This type of activity may or may not coincide with the range of activities performed by the main position or specialty. This phenomenon is called the combination of work performed.

External and internal part-time workers are entitled to paid sick leave. Read more here.

Restrictions

According to current laws and in accordance with the instructions of the Labor Code Russian Federation works part-time, can:

1. Citizens who are over 18 years of age at the time of applying for employment.
2. Persons not listed at work increased difficulty, that is, the main work is not associated with harmful or life-threatening production conditions.
3. Those who do not work on vehicles, which include drivers of public and trucks, train drivers of all classes, as well as workers who regulate traffic and enterprises.

It is not allowed to find a job on a part-time basis for persons working in the Government Office, employees of the Central Bank of Russia, civil servants of various levels, employees of the prosecutor's office, judges serving in the judiciary.

The above persons have the right to engage in scientific, pedagogical, research work.

Differences between combination and combination

chief distinctive feature between two types of work is the time allotted for the performance of duties. A part-time worker works during the time not occupied by the main work, and the person combining the main and additional work performs it during working hours.

In addition, there are differences in:

• place of intended work;
• conclusion of an employment contract;
• entries in the work book;
• granting leave;
• wages;
• termination of employment.

An employment contract is not concluded with an employee who combines work, and vacation is not granted. Also, an entry in the work book about the combination is not made, the fee established by agreement of the parties is paid extra. He can work only in the organization where he is listed on the main job.

How to arrange an internal part-time job?

When an employee is employed on an internal part-time basis, the personnel department of the enterprise draws up a set of documents in accordance with the accepted procedure for office work, which is established by the labor code.

Order

The unified form of a single sample No. T-1 is used to issue an order for employment, which is introduced into the HR record keeping by the Decree of the State Statistics Committee. The basis is the employment contract, which is concluded between the head of the enterprise and the employee.

The order contains the conditions for hiring, given in the contract.

During the procedure, a note is made that the employee has been accepted by a part-time job in the column "Conditions for hiring".

Labor contract

The provision on the employment contract is regulated by Art. 282, part 4 of the Labor Code. Depending on the conditions of employment, a separate employment contract is concluded with the employee with a record of part-time employment entered into it.

It must contain the legal status of the employee, which is determined by labor legislation:

• rules governing the schedule of work and rest, working conditions that meet the requirements of safety and hygiene;
• methods of calculating for labor that will correspond to costs and results, established norms labor;
• the rights and obligations of a person who entered into an employment relationship after the conclusion of the contract, the duties assigned to him, compliance labor discipline;
• the maximum duration of working hours, information on annual paid leave, the duration of the contract.

In the absence of a certain period of time during which the contract is valid, it goes into the category of indefinite and is broken by the decision of the employee.

staffing

Without taking into account the legal status of the employee, it is necessary to show in the staffing table the full unit as an integer with a full salary, without splitting, so as not to make amendments in the future.

When registering a part-time employee, you must specify the salary that will be accrued to him.

If it becomes necessary to indicate the number of part-time workers enrolled in a specific staff unit, information is entered in the "Note" column. The state unit, conditionally called the rate, allows you to accept up to four employees who wish to work part-time.

Employee documents and personal file

When drawing up documents for an employee hired part-time, you need to create a personal file for him, which stores information about his production activities. A personal file is drawn up after the issuance of an order that confirms the employment.

• a written request to be hired part-time;
• completed personnel application form, signed by hand;
• a copy of the passport, work book, diploma or other certificate confirming the obtained qualification and vocational training;
• a copy of the part-time order;
• a copy of the employment contract;
• other types of business papers provided for by federal laws or regulations.

The personal file is stitched, numbering is put down on the pages, an inventory of the documents contained is attached to it.

Enrollment in labor

Employment history there is a main document that testifies to the labor activity of a person, the length of service is calculated from it. It reflects all production activities related to the work performed, dismissal, termination of the agreement.

If an employee has worked at one enterprise for 5 days, then the work is officially recognized as valid and the personnel department draws up a work book.

If the employee wishes to reflect that he is a part-time worker, then it is certified by an entry in the work book upon providing a certificate to the organization at the main place of work.

Features of part-time work

Chapter 44 of the Labor Code of the Russian Federation regulates issues related to part-time employment, according to which part-time workers are provided with all types of guarantees and compensation in full. Special working conditions have been introduced for managers, teachers, employees of medical and pharmaceutical organizations, athletes and coaches.

Vacation

Part-time workers are entitled to vacation, which is granted once a year. For the days spent on vacation, payment is made, in addition, the place of work, position and average earnings are saved.

If he has not worked at the enterprise for six months, then leave is given in advance or compensation is paid.

The duration of the vacation is set according to the calendar and averages 28 days. Part-time vacation periods must coincide in time with the main one. If the duration of the main one is longer, then the difference in terms, at the request of the employee, can be issued without payment. Holiday cash benefits are calculated for both holidays.

Salary: part time and full time

If the employment contract states that payment will be made in accordance with the provisions of the staffing table, then wages are calculated according to it. But according to the law, it is necessary to indicate a specific amount at the tariff rate or salary in rubles and kopecks, so the amount of the established salary must be written in the contract.

When assigning remuneration for work, it must be taken into account that, under the current legislation, a part-time worker is assigned a working time that should not exceed half the norm, equal to 4 hours.

The accrual of payment to the partner is carried out:

• in proportion to the time worked;
• according to the final results of labor;
• according to the agreement stipulated by the employment contract.

The first situation involves the dependence of payment on the rate at which the employee is accepted. The second and third cases allow you to make a payment in excess of the full salary of the staffing table.

Example. Let's say that according to the staffing table, the salary is 18 thousand rubles 50 kopecks, then the employee in accordance with him is charged equal to 9 thousand rubles 25 kopecks. If it is emphasized in the employment contract that payment will be made according to output, then the employee is allowed to accrue wages for work, which will be equal to 18 thousand rubles 50 kopecks. Therefore, if a part-time worker is accepted part-time, then the full salary can only be paid in the last two cases.

The audit of the cash desk can be sudden. See here for how to do it.

What is it based on profitable business in a small town? Find out in the article.

Dismissal

According to the code, it is possible to dismiss a part-time worker:

• on own will by mutual agreement of the parties;
• at the initiative of the employer, if the employee was hired for the main job;
• there was a change in the staffing table or the position was reduced as unnecessary.

In the first case, an application is written by the employee, on the basis of which an order is issued to dismiss him.

When reducing staff two months in advance, it is necessary to notify the part-time worker and offer him other options.

If the employee refuses, then an order is issued in the unified form T8-a about dismissal due to staff reduction. Subsequently, the employer pays compensation equal to the average monthly salary.

What are the benefits for the employer and employee?

Works performed part-time and combined are quite common, this phenomenon is associated with various reasons that accompany the economic activity of enterprises.

Internal combination and combination allow you to get specific benefits. Moreover, they are mutually beneficial both for an employee seeking to receive additional income, who wants to acquire new professional skills or change jobs, and for the employer, who receives the completed amount of work. But along with the advantages, there are often disadvantages.

• acquisition of a highly qualified specialist for low pay - the employer can save on wages;
• he does not start a work book for a part-time job;
• Search service personnel minimized;
• minimum costs for results economic activity because it is almost impossible to find the right employee for highly specialized jobs;
• he personally sets the amount of additional payment for work on combination, knowing the business qualities of the employee.

Employee benefits:

• Additional tools and the opportunity to apply your knowledge;
• payment of sick leaves for temporary disability; entering in the work book of part-time work; the product of deductions in the PF;
• preservation of guarantees in case of dismissal on payment of compensation;
• paid annual leave.

Internal part-time work is a very common practice in large enterprises. Properly using this opportunity, you can get a noticeable economic effect for both the part-time worker and the employer. However, this tool should also be used carefully, documenting labor relations.

What is it - internal combination and combination, their main differences

Labor legislation allows for additional workload for employees of the enterprise. The performance of duties can be carried out simultaneously with the main work or in free time.

About what is a combination and combination in one organization, for how long they are possible, how these concepts differ, and will be discussed in this article.

Dear readers! The article talks about typical ways solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

What is concurrency

Part-time - full performance of duties with the conclusion of an employment contract. Work is carried out independently of the main duties and in free time. Its legality is established by article 60.1 of the Labor Code of the Russian Federation and is regulated by Ch. 44 of the Labor Code of the Russian Federation. The procedure for additional work of teachers and physicians is determined by government decrees issued for each category of such persons.

Registration of part-time employment assumes the presence of vacant positions. After employment, the employee is assigned an independent personnel number.

The legislation provides for the release of the position held by a part-time worker. Submitting an application and hiring another employee, for whom the place will be the main one, allows you to dismiss the part-time worker (Article 288 of the Labor Code of the Russian Federation). The employee must be warned about the dismissal 14 days before the date of termination of the contract.

What is combination

Combination - performance of additional duties during the main work and within the framework of one contract. Additional work is carried out for the same position (increasing the volume of work) or for an adjacent one (expanding the service area). The combination can be issued for vacant (vacant) or occupied positions during the period of temporary absence of the main employee:

• Due to an illness confirmed by a certificate of incapacity for work. An option often used in the public sector. Payment for days of absenteeism due to illness is carried out at the expense of the FSS, which allows not to exceed the size of the wage fund approved for the year. Several employees can be accepted for the position of a temporarily absent person.
• When in maternity leave or child care.
• For the period of vacation of the main employee, issued without pay.

The ability to combine positions is prescribed in collective agreement or other local act. The combination is not reflected in the timesheet.

What is the difference?

Employment in combination or combination has cardinal differences, clearly presented in the table:

You can also learn more about the differences between these procedures from the following video:

What is better for the employee?

When comparing these forms of additional earnings, the material benefit of remuneration is determined depending on the conditions of employment. Compensation for work at registration of part-time work is made according to the hours worked. The surcharge for combining is established by the employer and is reflected in the order. The amount is expressed as a percentage of the base salary. A surcharge in the form of a fixed amount is allowed.

Positive sides of the combination:

• There is no need to spend extra time.
• The amount of remuneration is fixed and is established by agreement of the parties. The amount of the surcharge is taken into account when calculating vacation and sick leave.
• Early termination of obligations is allowed at the initiative of either party with a 3-day warning (Article 60.2 of the Labor Code of the Russian Federation).

• Providing paid leave or compensation upon dismissal.
• Opportunity to receive bonuses for a combined position. Earnings are included when calculating the sick leave for the main job (calculated separately).
• Management of remuneration by varying the number of shifts, output or part of the rate. The amount is limited to half the rate or salary indicated in the staff list for a vacant position. Payment of piecework earnings is made according to the actual result.

If the employee is satisfied with additional shifts and the opportunity to influence the schedule and remuneration, it is necessary to choose part-time employment, for people who do not want to go beyond the working day, combination is the most optimal form.

How to apply for them with the same employer

There are differences in the document flow when registering such employees.

Registration of internal part-timers

The employee is hired part-time with the conclusion of an employment contract. This agreement contains:

• Provisions, rights, obligations and guarantees of an employee, similar to a standard contract concluded for the main job.
• An indication of the performance of part-time duties.
• For part-time work, the salary or rate is indicated, for piecework - output.

The agreement may be of a fixed-term or indefinite nature, the term of which is determined by agreement of the parties. At the request of the employee, an entry about part-time employment is made in the work book.

When hiring, the following steps are taken:

1. The employee submits an application addressed to the manager. The document indicates the desired part of the bet - half, third, quarter or otherwise.
2. Part-time conditions are agreed with the employer.
3. Human Resources the enterprise issues an appointment order, and an agreement is drawn up with a joint signature of the parties. In the order and the contract, a note is made about the nature of the work.

If the terms of the agreement provide for work with valuables, an additional liability agreement is concluded.

Documents required for employment are not required. The personnel worker makes copies from the previously submitted forms. The dismissal of such an employee is carried out in the standard manner specified in the Labor Code of the Russian Federation.

Arranging a combination of positions

The combination of the main position and additional duties is carried out on a voluntary basis and on the basis of an order. When applying, the following steps are taken:

1. Providing a written statement from the employee. He must confirm the sufficiency of qualifications for the performance of duties.
2. After agreeing on the issue, the employer issues an order for the employee to combine positions. The contract is not concluded.

The performance of new additional duties changes the terms of the employment contract. Based on the order, an additional written agreement is drawn up, providing for a change in the conditions (Article 72 of the Labor Code of the Russian Federation). The combination of positions in the work book is not reflected.

Who can't be styled like this

The legislation defines a circle of persons for whom part-time employment is not issued. Additional employment is not allowed:

• Minor citizens.
• Business leaders. Only external combination is allowed with the consent of the founders.
• Persons whose main duties are related to harmful or dangerous working conditions, if the combination of jobs involves similar circumstances of work.
• Employees whose duties are related to transport management.
• State civil servants - employees of the police, prosecutors, judiciary and law firms.

Persons deprived of the right to apply for a part-time job are not limited in their ability to engage in scientific or research activities.

The nuances of part-time

There is a time limit for additional work. Within the working day, a duration limit is allowed no more than 4 hours. An employee can work additional hours after the end of the working day or on a day off established for the main position. Within a month processing is allowed within half the monthly norm.

The fulfillment of the labor duties of a part-time worker gives the right to paid leave. The number of vacation days does not depend on the percentage of the rate and is determined in the standard version (a year worked gives the right to receive 28 calendar days of vacation).

Vacation is paid on the basis of average earnings and is provided simultaneously with rest at the main place of employment. Exceeding the number of vacation days for the main job is supplemented by days without pay for a part-time position.

Combination and part-time employment at the enterprise of the main employment is a legitimate option for increasing income. The amounts are included in the calculation of earnings for accrual of vacation, payment of a sick leave and when determining deductions to the FIU. Registration is carried out strictly taking into account the norms of the Labor Code of the Russian Federation.

Do you have any questions? Find out how to solve your particular problem - call right now:

The article is interesting. Please help me solve my situation. I work as a chief accountant in an LLC. By the decision of the founders, she was appointed director of the same LLC from 10.09. How to arrange the combination of these two positions? What will be the main, and what will be the combination? In the workbook there is an entry about the main account.

Faced almost the same situation, Gen. director and took on an internal combination for 0.5 rates as a Leading lawyer, so that the legal experience would not be lost.

Free legal advice

Moscow and region

Saint Petersburg and the region

KnowDelo.Ru - a portal for those who start a business

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 reasonably give preference to an additional paid load at their main, proven, place of work. For an organization in such a situation, it is important to understand how the fact of assigning additional duties to an employee can be formalized. This will be discussed in the article.

Internal combination and internal combination of positions: the difference in the design of relations

An employee of the company, who is already on the staff and performs a certain amount of work, decides to take on an additional burden that goes beyond his current service functionality. How can he do it?

In fact, in this case, independent labor relations between the company and the specialist come into force, which can be fixed in 2 forms:

• internal combination;
• combination of positions (professions).

There is a fundamental difference between these two forms that the company must understand. Namely: internal part-time work means the performance of work not related to the main one, at a time that is not occupied by the main activity of a specialist (Articles 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time work) is performed completely outside the scope of the main position held by the employee.

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 enterprise. He performs the labor functions of a cleaner after his working day as a mechanic ends, that is, from 1800 to 2100. In this case, he does not combine positions, but performs the functions of a cleaner as his additional work on the terms of internal combination in that the same firm.

Internal combination of positions assumes that the specialist continues to work within the framework of his main job duties and, in addition, during the generally established working day, he manages to perform other functions corresponding to another position. That is, the specialist is engaged in the work of combining another position in parallel with the main work, at the same time (Articles 60.2, 151 of the Labor Code of the Russian Federation).

Example:

G.V. Ivanov from the previous example works as a mechanic, but additionally during the working day (from 9:00 to 18:00) he also manages to clean the shop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within the framework of one production enterprise.

The above features also determine the difference 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 at once in 2 positions in the company at the same time, then it is preferable for him to register additional relations with the employer in the form of a combination of positions. But for this it is important that the specifics of the work allow it to be performed without being released 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 an additional burden on the employee should be formalized as an internal part-time job, and not as combining work posts.

The company can formalize the combination of positions by an additional agreement to the current employment contract of the employee, 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 on combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, to 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):

• a company offer signed by the employee to combine positions;
• application of the employee with a request to allow the combination of 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 the time sheet? In accordance with labor law alignment work does not appear separately on the table. After all, the employee performs the combined work in parallel, at the same time at which he is busy with the main work. Therefore, in the time sheet, you need to record only the hours spent on the main work.

Order on internal combination - sample

After signing additional agreement the firm should issue an appropriate order.

Russian labor legislation does not contain a specific unified form of such an order.

At the same time, it should indicate which positions the employee will combine, for how long and for what additional payment. At the same time, as a basis for combining in the order, you must specify the details of the additional agreement drawn up with the employee.

A sample order can be found on our website:

Completion of the combination of positions

As mentioned above, if a combination of positions is organized in a company, then the period during which such a combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?

The combination terminates, 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 combined powers of the employee, or you can not do this - the combination will still be considered completed (unless the company has issued another order extending the combined powers of the employee).

In addition, the Labor Code of the Russian Federation establishes that at any time either one or the other party may terminate the combination in unilaterally(Article 60.2 of the Labor Code of the Russian Federation). To do this, simply send the appropriate notification (if the initiator of the cancellation is a company) or an application (if the initiator is an employee) to the second party no later than 3 business days.

ATTENTION! If the company is the initiator of the termination of the combination, then it makes sense for it to acquaint the employee with the relevant notice against receipt, so that it does not later become clear that, since he did not know anything about the cancellation, he continued to work for some time, combining 2 positions, for which he requires appropriate remuneration.

Internal combination according to the Labor Code of the Russian Federation

An internal part-time job, unlike a specialist who combines positions, by virtue of the Labor Code of the Russian Federation, works in the main company at a second, additional job, but at a time that is not busy with the main activity (Articles 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 in different time works in two different positions, then the maximum additional workload of the Labor Code of the Russian Federation allows you to perform no more than 4 hours a day.

IMPORTANT! If the day falls when the employee is released from the main job for any 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 norm 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 focus on the specified limit.

For more information on how much time an employee is entitled to spend on part-time work, see the article “Part-time work - how many hours a week can you?” .

An equally important question for both internal part-time workers and their employers is how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be set in one of 3 ways:

• in proportion to the time occupied by the work;
• according to the piecework scheme;
• on other conditions stipulated in the employment contract.

On the features of the additional payment to the minimum wage for internal part-time workers, see the article "Supplement 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 in their staff who, in addition to their main job, also works on a part-time basis, then they are also entitled to a vacation of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). It is combined with leave in the main position in time, however, vacation pay is accrued separately for the main position and separately for combined work, since the employee has 2 independent labor contracts with the company (Articles 286, 287 of the Labor Code of the Russian Federation).

An important issue that worries, in particular, part-time women, concerns the provision of benefits for pregnancy and childbirth.

Read more about this in the article. "Maternity allowance for part-time workers" .

How to arrange an internal part-time job

As mentioned above, when working on an internal 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 ordinary full-time employees (not part-time workers).

ATTENTION! Employment contracts with an internal part-time job there should be exactly two: on the main job and part-time.

In particular, the employment contract must contain information about:

• companies;
• the position that the specialist undertakes to perform in addition to his main job;
• wage system;
• mode of work and rest, etc. (Article 57 of the Labor Code of the Russian Federation).

By virtue of the 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 necessarily reflect information that the employee occupies the position on the basis of internal part-time employment.

Order and application for internal combination

According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time job to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on the terms of an internal part-time job, which, in particular, should indicate what kind of work he intends to take additionally the employee, as well as at what hours he will perform it.

The prepared application must be submitted in writing to the personnel department of the company.

By general rule after the employment contract is concluded, the company must issue an order fixing 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 for the admission of such an employee there will be two : to 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 for the work of a specialist, its nature and the mechanism of remuneration.

Results

The design of imposing an additional burden on an employee of a company can be expressed in 2 forms: internal part-time work and combination of positions. If the employee intends to labor functions in a position that requires distraction from his main job, then such employment relations must be formalized in the form of a separate employment contract for work on the terms of internal combination. At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as to issue an order to hire an internal part-time job. If the additional position does not imply distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company at once. Registration of internal combination of positions is carried out by signing an additional agreement to an existing employment contract. Also, the company should receive from the employee a corresponding signed application and form an order to organize a combination of positions.

Often, in search of additional income, a person gets a job in additional positions. These can be different organizations, and it is possible to find employment in one enterprise, where a person holds two positions. This type of earnings is called combination, which is divided into external and internal. In each of the cases Labor Code determines the procedure for applying for a job, being a part-time job. This article describes internal combination, its features and the rules for drawing up an employment contract.

How to arrange an internal part-time job?

It is necessary to issue an internal part-time job with one employer correctly. Hiring an employee must be carried out in accordance with the established procedure.

It's next:

• Writing an application by an employee;
• Drawing up and signing an employment contract;
• Registration of the order, where information about the reception is indicated.

Registration of internal part-time jobs for various positions does not require the provision of a passport, TIN, since the organization already has this data. A work book, which is already at the enterprise, is also not required. The only feature may be only the need to provide additional documents regarding the education and qualifications that are needed for this position.

Application for internal partnership

An application for an internal part-time job does not have a unified form. It must be issued with certain information and submitted three days before the employee must begin duties.

The application form must contain the following information:

• Name and position of the head;
• The essence of the appeal, including the start date;
• Information about the position of an internal part-time job;
• Date and signature.

This statement is transmitted to the head, whose name is indicated in the header of the document. He must put his signature, and then transfer it to the personnel department, where they process the order and the contract.

Employment contract for internal combination

The part-time worker must sign not only the main contract, but also an additional one, which will indicate another position and conditions of work and payment. In fact, it has one difference from the contract for main position. They are an indication of the fact of combination. And based on this, certain conditions already follow, based on the norms of the law, in particular, the working time is not more than 4 hours a day. So, in order to conclude an employment contract, it must be drawn up in accordance with the structure of the sample.

She is as follows:

• Name and date of the document, address of the legal entity;
• The parties that sign it, that is, the employer and part-time employee;
• The subject of the contract indicating the position, functions performed by the employee;
• Validity periods;
• Conditions, amount of payment;
• The procedure for granting leave;
• Rights, obligations of the parties;
• Conditions of social insurance;
• Responsibility of the employee in case of damage to the enterprise;
• Grounds for dismissal;
• Signatures and seal.

An order for its execution is submitted after the employee writes an application.

Order for internal combination - sample

The next step after the employment contract is signed is the need to issue an order. It, like the contract, must contain information about the length of the working day, including the time frame.

The order must be filled with the following information:

• Company name;
• Title, number, date of the document;
• Companion data;
• Position and department where the employee is hired;
• The start date of work, as well as the end date for a fixed-term contract;
• Information about working hours;
• Probationary period if necessary;
• Signature.

An employee can receive a sample order and a copy of it from the personnel department within the period established within three days.

Internal part-time pay

According to Article 285 of the Labor Code of the Russian Federation, the remuneration of a part-time worker can be based on the hours worked and calculated proportionally, taking into account the output, or other conditions are indicated in the contract. In addition to the salary, a part-time worker may be entitled to bonuses, compensation or other payments.

Leave for internal part-time work is granted on the same grounds and conditions as for the main job. Moreover, leave for two positions can be granted simultaneously. Payment is also no different. If the vacation of a part-time worker is shorter than at the main place of work, then it is possible to extend it at your own expense.

Payment here will be made relative to the average earnings, which is paid for one of the posts. To calculate, you need to know the sum of all income for the year. Then it must be divided by the number of working days.

What is the difference between internal combination and combination?

Quite often, part-time work can be confused with combination. The difference lies in the fact that when combining, an employee can break away from performing the main tasks in order to perform additional ones. The part-time worker works in his spare time. If we consider the combination, then it does not require additional contracts, as for a part-time job, but only an order is provided that specifies additional duties.

Thus, in any profession, a person can get an additional job as an internal part-time job. To do this, you must comply with the framework of the law, indicating the procedure for processing this type of earnings.