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An employee of one company / enterprise may work before the job, after it or on his day off, and do it regularly and officially, with the execution of the contract and the corresponding receipt of wages and all payments due. This form of labor is called external part-time - if the employee works at different enterprises, and internal part-time - if on the same.
Moreover, it is quite officially possible to work not only on two, but also on three or more jobs. For example, on the main one at full time, on the second - by 0.5, on the third - by 0.25. Internal and external combination is widespread in both state and private structures. And although the latter sometimes have more choices, the basic principles for all remain the same.
Combiner design
According to the law, a person working in this way can and should be formalized. They are given a standard package of documents to the personnel department: passport, identification code, etc. It is not possible to provide the original labor, since it is located at the main place of work, however, the person has the right to demand, and the personnel department must issue a certified statement.
Next, you must sign a contract with the company, for which part-time work is performed. Registration is as follows:
- an application is submitted from the candidate for employment, with the relevant documents attached;
- the company draws up an employment contract;
- the head of the company issues an order for employment. Even if there is no order as such, the contract is considered concluded from the moment the employee begins to fulfill his duties.
In the personnel and accounting department, a personal card is created for an employee and a personnel number is assigned.
Part-time agreement
The contract is drawn up, as a rule, on the basis of the standard contract of the institution. And it necessarily includes the following information:
- date of compilation, name, details of the employee and employer and their signature;
- rights and obligations of the parties;
- payment order;
- provisions regarding working hours and rest;
- information on the possibility and procedure for terminating the contract;
- validity period of the document.
The last point is quite important. The contract can be of two types - urgent and indefinite validity. In the first case, it is valid until a certain period, after which it can be terminated permanently or extended further. In the second, it acts until one of the signatories decides to terminate the external combination. Record in the work book is made at the main place of work (at the request of the employee).
Probationary period and procedure for its appointment
The decision on the appointment of a probationary period is made by the head. If the position for which the employee is assumed involves a test period, then he can be appointed.
Also, a probationary period may be appointed by the head if he considers it necessary (although the position may not require his passage). In any case, this should be reflected in the employment contract.
Working hours and pay
A part-time employee should not work more than four hours a day. Full-time work (but not longer) is allowed only if the main place at the moment is a day off or vacation. However, these norms apply only to civil servants; there are no such strict acts with respect to employees of private firms. However, a person should not work more than 40 hours a week.
In general, it is desirable to take into account the time worked and maintain compliance - part-time work should not take more than half of the time spent on the main work.
The remuneration of such an employee is established by the head, who in this case can proceed from such indicators as the number of hours worked, sales rate, amount of work performed, etc. It is also necessary to take into account the allowances laid down for the main employees in such a position. The methodology for calculating wages can also be fully reflected in the contract.
In addition, there is a provision according to which, part-time work should be paid in accordance with the established minimum. If, after calculation, wages are less, the legislation provides for surcharges.
Full time job
In terms of the number of hours worked, an external part-time employee cannot legally work full time on both jobs. However, full-time wages are quite possible.
The size of the salary is set by the employer, and he can appoint the external part-time employee the same payment that the main employees in this position receive. All these nuances must be present in the contract.
Mode of operation
The legislation regulates not only the duration of the part-time job, but also the conditions. If the main job is harmful to health, then the employer has no right to take the employee to the second, also with harmful conditions. If external part-time assumes difficult or harmful conditions, the employee should provide a certificate from the first workplace that he does not perform such work there.
The same applies to traffic managers and drivers.
Maternity, educational and planned leave
External part-timers have the right to annual leave of at least the period prescribed by the state, as well as compensation in the event that the leave was not used. The employment contract should contain information regarding the procedure for the provision, and its time is indicated in the vacation schedule of the enterprise
In addition, the Labor Code states that leave must be granted at the same time at the main and additional work place. Its duration should also be the same. Since it is possible to execute external part-time job without the knowledge of the main employer, the responsibility for compliance with this rule lies with the employee. It is advisable for him to warn both employers in advance and agree on dates.
If the employee worked in the second place of work for less than six months, the company must provide him with leave in advance. In the event that a person has more free days at the main place of work, the second part-time person may take additional days at his own expense.
In addition, the employee can take a vacation in such cases:
- if he worked irregularly;
- if he performed work of a special nature;
- if he has sufficient experience;
- as an encouragement from the employer.
External part-time stipulates the right to maternity and study leave. The first is provided for the same period of time both at the main and at the additional place of work. If an employee has worked at both enterprises for the past two years, she can receive maternity benefits both there and there. Sick leave served in both places.
Assistance for caring for a child, however, the law allows you to pay only for one place of work, and the future mother is allowed to choose exactly where.
As for study leave, according to the law, it is provided on the basis of documents from the educational institution at the main workplace. Student benefits are also provided only there. Laws governing external part-time work do not provide for part-time work.
An employee at this time can either take leave at his own expense or continue to fulfill his duties - this will not be considered a violation, since the work is performed in his spare time part-time.
Sickness allowance
A hospital by external job is prescribed by law, but only if the employee has worked for at least two years. Rather, such an experience gives the right to payment of temporary disability benefits. If it is not there, then the sick leave payment takes place only at one place of work.
Workbook marks
As already mentioned, a person does not need to inform the management that he has decided to get a second job and apply for an external part-time job. An entry in the workbook in this case will appear only if the employee wishes, on the basis of a document confirming the fact of work. The absence of such a record is not a violation.
Additional duties and positions
Combining and combining are two quite similar, but having specific differences concepts. If, in combination, the second job is performed in free time from the first, then when combining posts or professions during the main job, in parallel, without exemption from it. Fulfilling the duties of another employee during his absence applies here. The law does not limit the number of posts and work that one employee can perform.
Who can hold several posts
Earlier, labor legislation limited the circle of specialists who were allowed to combine positions. However, in 2009 this changed. Now, according to the rules, combination is possible for any person subject to their consent (here there is a serious difference from the conditions that a part-time job confronts people: registration of cooperation at two or more enterprises is not allowed for police officers, some researchers and some other categories of citizens)
The only restriction applies to the leaders of an organization or institution - people who hold such positions cannot simultaneously exercise controlling functions, for example, be auditors.
Registration
For registration, it is necessary that the desired position is present in the staffing of the enterprise. The head of a state institution has the right to independently approve the staff list. The consent of the body performing the functions of the founder is not required for this. Moreover, you can combine both the position for which the full rate is provided, and the position from 0.75 or 0.25 rate.
The scope and duration of the performance of duties is determined by the employer with the written consent of the employee. In practice, this is formalized by an order drawn up in a free form, in which the term, the volume of new duties, and the amount of surcharge are entered. The employee must give his consent in writing, for example, by writing on the order “Do not mind” and putting his signature.
There is no legislative restriction regarding the time during which an employee can perform combination work. Both the employee and the employer can prematurely terminate the combination work - this should be warned in writing and no later than three working days.
Payment
The legislation does not regulate the minimum or maximum amount of monetary compensation, therefore the size of surcharges is established by agreement of the parties. In state-owned enterprises, the size is determined in relation to the salary in the main position. For example, plus 55% of the salary, 0.25 of the salary, etc. However, although combining and combining are quite well provided by law, there are no clear and ambiguous calculation schemes for private firms. Here, how much a person will ultimately receive depends largely on the decision of the leader.
Thus, an employee performing a combination of professions or positions must have surcharges. However, they are not necessary if the employee does extra work. In this case, a bonus is possible if it is provided for in the provision on incentive payments, which is adopted in this particular institution.
