If the part-time worker does not have a main job. Dismissal from your main job does not deprive you of the opportunity to work part-time Working part-time without your main place of work

If we interpret Article 282 literally, then it cannot be accepted. The definition of part-time work is ... in your free time from your main job.
But, in practice, an employee came to apply for a job and said that he was working in another place, how would he confirm this? A copy of the work record book, but where is the rule that he must present it? The problem will arise when granting leave.
Thus, it depends on the employer what he does. Responsibility is minimal. Try other options: set working hours.
It's not clear to me from the question what the problem is.

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Part-time work is the performance by an employee of another regularly paid job under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code).
As can be seen from the content of this definition, work under an employment contract is part-time if:
- the employment contract was concluded with an employee who is already in an employment relationship with the same or another employer;
- under this contract, work other than the main one is performed;
- the work performed under another employment contract is regular and paid;
- this work is performed by the employee in his free time from his main job.
Otherwise, the work is not part-time work and the employer must hire the employee to the main place of work. Of course, an employee can mislead the employer. But what's the point? Abuse of rights... and that's a completely different story

In this case, we cannot talk about part-time work, but it is possible to accept a job at the main place of work at 0.5 times the rate. We will now be talking about an incomplete work schedule. Practice shows that it works.

Within the meaning of the Labor Code, part-time work without a main place of work cannot exist. However, this happens often. Workers, as a rule, do not care about this until the question arises of providing any competent authorities with a work book certified at their main place of work: for example, for obtaining a foreign passport, visas, loans, etc. The rules for maintaining work books stipulate that they are filled out only at the main place of work, incl. At the main place, entries about part-time work are also made. In addition, a part-time worker can go on another paid vacation only if such leave is granted to him at his main place. As for the dismissal procedure, for part-time workers it is the same as for main employees; they are also entitled to all guarantees and compensation for dismissal under the Labor Code.

I think it’s better to hire such a person permanently, but at 0.5 times the rate, will he also work for 0.5 days? Nowadays they often make such a request to accept a part-time job, someone honestly says that there is no main place, someone is lying. Most likely, people are registered with employment centers, and in addition to this, they decide to get a job somewhere else so that they can get paid in one place or another. Well, let them get it in two places, what do you want? You need to close the place, take advantage while they come

Are you interested in the question of physical feasibility, legality or feasibility?
Physically, it is possible, and you can always say that the employee said that he is already working at his main place of work, and he is not required to provide any evidence. Another thing is that you should immediately warn the employee that in this situation he will be the last one.
No, this is not legal, part-time work presupposes the presence of a main place of work, but you really are not obligated to check whether the employee works somewhere else.
Whether it is advisable depends on the situation. Applying for half the rate means covering yourself from all sides, but perhaps it’s worth meeting the employee: formally, you are not violating anything.

As my practice shows, young people often do this so as not to submit information about them to the military registration and enlistment office. ;)

Here's more about military registration...
As far as I remember, it is not said anywhere that we should not send information to the military registration and enlistment office about the employment of a person subject to military registration as a part-time employee
The Methodological Instructions say - when hiring a person liable for military service - report on the form
But whether we accept the main position or part-time, as I understand it, it doesn’t matter

but you can’t work more than 20 hours a week on a part-time basis! And based on this, let the employer draw up a work schedule...

Thanks for the question, by the way. We as a whole department have reviewed all methodological materials and legislative acts: Your truth, it is not said anywhere. But here (St. Petersburg), military registration and enlistment offices do not accept information about part-time workers. On the basis of what, I asked my colleague to clarify when he would go to the military registration and enlistment office, but this would be in two weeks, not earlier.

question about a sore point...
The funny thing is that the military registration and enlistment offices cannot clearly explain whether it is necessary or not necessary to submit information about part-time workers. They also begin to carefully read something there and eventually throw up their hands.
And they end up with confusion and vacillation - some information about part-time workers is not accepted, others are accepted and demand to be provided.
It seems to me personally that for the purposes of military registration it is not enough to keep a universal record, it is also necessary for it to be universal... Well, that is, to take into account those liable for military service at all places of work. Something like this

But at the same time, it is also not said anywhere (not specified) that part-time employees should submit information. IMHO, in the regulations on the organization and maintenance of military records, it was not initially even intended to specify that part-time employees must also submit information to the military registration and enlistment office. Judge for yourself, as mentioned above, part-time work itself, in its concept, is another job performed in free time from the main job, i.e. this implies that the employee has a main job, and since the employee (whom you hired on a part-time basis) has (should have) a main place of work, then all work on the accounting of this employee is carried out and all information about him is sent (should be sent) according to the main place of work place of work. According to the Labor Code, when hired part-time by another employer, the hired employee is required to present a passport or other identification document. The employer has the right to require the employee to present a diploma or other document on education or professional training or duly certified copies thereof, if special knowledge is required when hiring part-time work, and when hiring for hard work, work with harmful and (or) dangerous conditions labor - a certificate about the nature and working conditions at the main place of work, and perhaps also an insurance certificate of state pension insurance, which is also a mandatory document when concluding an employment contract. Taking into account this, the employee you are hiring part-time is not required to present a military ID at all, and the employer has no right to demand it (military ID) from such an employee.
And if this is an internal part-time worker, I generally remain silent about employees hired and working under the GPA. So, don’t bother, work on accounting only with your full-time employees hired for your main regularly paid job

And also keep work books at all places of work where employment contracts for part-time work have been concluded.

PAnnda, I cannot agree with your complaints, we are just very happy: there is less work (we have a lot of male part-time workers), and there is no need to restore anything, because historically, records of part-time workers were not kept. Logically, there is no need to keep records of them: they are located at the main place of work. Otherwise, with internal combinations there would be a great extravaganza: we ourselves have to take them into account twice. On the other hand, as you correctly noted, nowhere is it said that military records are kept only at the main place of work. And this is a real setup.

SerViS, in Art. 65 it says that those liable for military service and conscripts are required to present a military ID, and there is nothing about the exclusivity of part-time work.

NIKO writes:
SerViS, in Art. 65 it says that those liable for military service and conscripts are required to present a military ID, and no one questions this. If you carefully read what I typed, then it was discussed in the context of the topic under discussion, and specifically about:

And this, as they say, is “another letter”, regulated by a specific article of the Labor Code of the Russian Federation, namely Article 283. Documents to be presented when applying for a part-time job . Therefore, IMHO, the application of the provisions of Article 65 of the Labor Code of the Russian Federation, regarding documents presented when hiring part-time work, when there is a special article of the Labor Code of the Russian Federation (283), specifically regulating this issue and the list of documents, which, by the way, differ from the documents presented when concluding the main employment contract, Sorry, I think it’s inappropriate to put it mildly. If you refer to this article of the Labor Code of the Russian Federation (Article 65), then logically, the employee must also present a work book upon admission, which is also directly stated in Article 65 you cited. However, upon admission for part-time work, the employee is not required to present his work book.
Therefore, I will repeat again:

And in conclusion, allow me to make a small remark regarding your reference to Article 65 of the Labor Code of the Russian Federation, although this may not directly relate to the topic of part-time work, but has something to do with the problems of military registration discussed in the topic (administrators and moderators do not consider this offtopic). Of course, in accordance with the requirements of Article 65 of the Labor Code of the Russian Federation, when concluding an employment contract, both those liable for military service and conscripts must present military registration documents to the employer, one of which is a military ID. But, at the same time, the law does not provide for the possibility of refusing employment if such documents have not been presented. A job application can be refused only on grounds related to the employee’s business qualities (Article 3, 64 of the Labor Code of the Russian Federation).
There is also no liability for failure to present military registration documents.
The only thing is that if a potential candidate who applies for a job with you, according to military age, does not present military documents, then you are obliged, in accordance with Article 11 of the Labor Code of the Russian Federation, to inform the military commissariat about this (paragraphs “a”, “d”) " clause 30, paragraphs "a", "b" clause 32 of the Regulations on Military Registration).

External part-time leave can be granted at other times, not necessarily only together with leave for the main job, but if an employee requests part-time leave, because At the same time, he is on vacation from his main job, so it is impossible to refuse him.
As for how to hire a part-time employee, if there is no main job, then it is better to hire him to the main place of work at 0.5 rates, with a mandatory clause in the employment contract that the working day is established, for example, at 40 hours 5 days a week, or 20 hours per week, or 4 hours per day. And explain to the employee the advantages of such design. It is still worth asking for a certified copy of the work book, because it is necessary to calculate the length of service for sick leave pay, because Sick leave can be paid for both the main job and part-time work.

I agree about 283.
However, nowhere is it said that military records are not kept for part-time workers. Yes, this is illogical and technically practically impossible, but formally there is an obligation to keep such records.

The topic about those liable for military service was already off-topic.
The word “presents” instead of “must present” and the absence of directly stated sanctions for refusal create vagueness and uncertainty, but I think that everything would be decided by the presence of a precedent. If you know of any court case on this issue, let's take a look.

What to do with the entry in the work book! My employee got a part-time job earlier than his main job. Now he started working at his main place later than part-time. And it turned out that I could only make a record of the combination at my main place of work. He works at his main place on 07/01/10, and below there is a record about part-time work (based on orders from that organization, etc.) on an earlier date, about a month!!!

Susa, there is nothing to worry about here, because a record of part-time work is entered into the work book based on the employee’s personal application, so he could submit this application at any time

AIA, thanks for reassuring me))) I’m already panicking))

Based on discussion materials from site visitors

Additional work activities performed in time free from main duties are defined in labor legislation as.

In order for such work to become official for the employee, it is necessary to draw up and sign a separate document.

An officially employed person receives the rights to all social benefits and payments provided for by law and local documents in force at the enterprise or organization. At the same time, he does not lose social guarantees at his main workplace.

According to Article 282 of the Labor Code, work as a part-time worker must be carried out exclusively during free time from main duties.

And so that additional responsibilities are not fulfilled to the detriment of the main ones, the legislation establishes a limit - part-time workers. That is, in one working month they produce only half of the established norm and receive half the rate assigned by the employer for this position.

In some cases, the procedure for working at an additional workplace may be changed:

  • If an employee stops working at his main place of work, additional work activity for him automatically turns into his main job.
  • If the employee has not notified the employer about his dismissal from his main workplace, he can also take the place of a part-time worker, but he still has the opportunity to change the terms of the concluded contract (it is enough to submit the appropriate application and confirm the stated request with documents).

In what cases is this allowed?

It should be borne in mind that an agreement concluded for part-time work cannot automatically be re-qualified as the main document.

Although this is permitted according to current labor legislation in the above cases (dismissal or).

The employer is not obligated to make changes to an existing contract. The only initiator of such changes in this situation can be only the employee himself, interested in moving to full-time work at a full-time position. But at the same time, the immediate supervisor must also express his consent to making changes.

That is, any adjustment to an existing contract is made by agreement of the two interested parties.

Design nuances

If both parties agree to registration on a permanent basis, the employer has two options for the employee:

  1. He has the right to terminate an existing contract and draw up a new document, taking into account the admission of a person to a vacant position on a permanent basis.
  2. He can draw up an additional agreement and sign it together with the employee.

Such a document will amend an existing agreement. For example, it will indicate that the employee is accepted to the main place of work and is paid in full.

It should be noted that the employee is not required to present his work book. Therefore, the employer is not responsible for concealing data (for not having a main place of work).

But it is prohibited to formalize a transfer according to article of the Labor Code under number 72.1 (the nature of the employee’s work activity or workplace does not change).

Registration procedure

If registration is made through the standard dismissal procedure, the initiative may come from:

  • From the employer. He refers to the presence of a person who wants to get a job on a permanent basis, and dismisses the employee engaged in part-time work. In fact, this is the same person, but there is no violation of the law - the procedure is legal.
  • From an employee. The employee submits an application for resignation of his own free will.

In both cases, the procedure takes a minimum of time. All dismissal documents are completed on one day. And in the second, a person is hired for a vacant workplace. If there was a record of the employment of a part-time worker, it is necessary to make a note about his dismissal.

To document orders, unified forms are used: T-8 (dismissal) and T-1 (admission to a vacant position).

If registration is made through drafting, the employer offers in writing to make these changes, or the employee writes a statement asking to adjust the existing contract.

After which an agreement form is prepared (in two copies at once). The document is registered in a special accounting journal designed to record contracts. After signing it, the second copy is handed over to the employee.

Then the manager issues an order in which he orders changes to be made to the staffing table and the procedure for calculating salary for this employee (if the work schedule has changed!).

Calculation of working hours and payment

There are two options for a person previously employed as a part-time worker:

  • he switches to full-time work, and this fact is reflected in the contract or additional agreement;
  • The working day remains the same, that is, incomplete, at the request of the employee (there is no legislative prohibition on this type of work activity in these conditions!).

In this case, it is necessary to distinguish between the concepts of part-time and shortened days. Reduced work hours are established only for certain categories in accordance with Article 93 of the Labor Code.

If an employee has expressed a desire to work part-time, he must reflect this in the application. When drawing up an additional agreement or contract, the employer will refer to the submitted application and satisfy the employee’s request.

Payment will be calculated according to actual time worked. And in case of full employment, the established amount is paid in full.

Let us immediately make a reservation that we will not find a direct answer to the question of whether there can be two main places of work in the Labor Code of the Russian Federation. Moreover, current labor legislation gives an employee the right to work simultaneously in several jobs (positions).

However, this should not mislead either the employer or the employee. By officially allowing an employee to take such actions, the legislator establishes the specifics of simultaneous work in several places.

Differences between part-time work and main job

Carrying out work duties for two, three, etc. employers is called the special term “part-time work” (part 2 of article 282 of the Labor Code of the Russian Federation). An important feature of part-time work is the ability to perform it only in free time from the main job, subject to the rules for its registration (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation does not define the concept of “main work”. However, the term itself is used regularly.

So, for example, the employer whose main job is for the employee is obliged to maintain and store his work book. And only this employer is allowed by the legislator to enter information about part-time work into the work book (at the request of the employee) (Article 66 of the Labor Code of the Russian Federation). That is, the main job, in particular, is considered to be work for the employer who keeps the work book.

As we indicated above, part-time work is possible in your free time from your main job. And if the part-time job involves harmful (dangerous) working conditions, the employee must submit a certificate from the main place of work about the nature and conditions of work (Article 283 of the Labor Code of the Russian Federation). Annual paid leave for part-time jobs is provided simultaneously with leave at the main place of work (Article 286 of the Labor Code of the Russian Federation). An employment contract can be terminated early with a part-time worker if his place (position) is replaced by an employee for whom this work will be the main one (Article 288 of the Labor Code of the Russian Federation). And there are many more such examples from the Labor Code of the Russian Federation (study leaves, compensation, guarantees, etc.).

But the most important thing: the totality of these provisions from the Labor Code allows us to draw an important conclusion that the main place of work is the place that is not a part-time job for the employee.

This means that an employee may have two or more places of work, but only one of them can be the main one (where the work book is kept and stored), and all other places of work are part-time work. However, the law does not limit the number of employers with whom an employee can work part-time.

Therefore, if an employee works in two places, then he cannot work in two organizations at his main place of work. It must be registered as a part-time worker with one of the employers. It is necessary to determine the main place of work and enter it into the work book. A record of part-time work is optional and is made at the request of the employee.

Features of working in multiple locations

When working in several places at the same time, there are a few more things to consider.

The dismissal of an employee and termination of the employment contract at the main place of work does not mean that part-time work has automatically become his main place of work.

Part-time work is an independent labor relationship between an employee and an employer. Changing the terms of an employment contract determined by the parties is allowed only by agreement of the parties to the contract in writing (Article 72 of the Labor Code of the Russian Federation).

Therefore, in order for part-time work to become the main place of work, the employee must draw up an additional agreement with the employer (or terminate the previous contract and enter into a new employment contract) to change the previous conditions and hire the employee to the main place of work.

Since the employer does not have the right to require information about the main place of work from a part-time worker applying for a job (with the exception of employment for work with harmful or dangerous working conditions), you can hire a part-time candidate without a main place of work.
Rationale. An employment contract is an agreement between an employee and an employer, according to which the latter undertakes to provide the employee with work for a specified labor function, to ensure working conditions provided for by labor legislation and other acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, to pay the employee a salary in a timely manner and in full, and he undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).
Part 1 art. 282 of the Labor Code of the Russian Federation defines part-time work as performing other regular paid work under the terms of an employment contract in free time from the main job. And part 4 of this norm establishes: the employment contract must indicate that the job is a part-time job.
According to Art. 283 of the Labor Code of the Russian Federation, when applying for a part-time job with another employer, an employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or a duly certified copy thereof, and when hiring a job with harmful and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work.
In addition, the provisions of Art. 329 of the Labor Code of the Russian Federation, according to which employees whose work is directly related to driving vehicles or controlling their movement are not allowed to work part-time, directly related to driving vehicles or controlling their movement.
As you can see, a certificate from the main place of work is required only if part-time work is related to harmful and (or) dangerous working conditions or to driving vehicles or controlling their movement.
This means that the employer has the right to hire a part-time person who does not have a main place of work.
Arbitrage practice: Appeal ruling of the Tula Regional Court dated August 30, 2012 in case No. 33-2334. Article 283 of the Labor Code of the Russian Federation does not provide for a document containing information about the organization, the position held, as well as the nature and working conditions at the main place of work, with the exception of hiring for work with harmful and (or) dangerous working conditions. Therefore, the employer has no right to demand information about the main place of work.
Similar conclusions are contained in other decisions. For example, the St. Petersburg City Court, in Ruling No. 15397 dated December 3, 2009, indicated that the employer is not obliged to find out whether the employee being hired works at his main place of work.

Russian labor legislation allows for the possibility of formalizing relations with the employer, both in the form of full-time employment and part-time employment with part-time registration. In order to enroll an employee in accordance with the letter of the law, you must adhere to the procedure established by the Labor Code of the Russian Federation.

In order to correctly register for a part-time position from the point of view of the law, personnel employees must follow the approved procedure and comply with all the requirements of the provisions of labor legislation:

  • Articles 286, 228, 127 – contain the rules for concluding and terminating labor relations with the employer;
  • settlement with an employee – Art. 77-78.80;
  • provisions for the transfer of an employee are given in Article 72;
  • rules for drawing up a work book and keeping records in it - Articles 57, 66, 282;

Since the Labor Code of the Russian Federation does not contain specific articles concerning the procedure for transferring from the main place of work to a part-time job without dismissal, the above articles allow you to re-register an employee in a new status without much effort.

The translation process is the preparation of an additional agreement to the contract.

The additional agreement with the employee must contain the following information:

  1. The exact name of the department and position in which the employee intends to continue working.
  2. Information about the start of the agreement and the transition to part-time work.

When transferring from a main position to a part-time position within one enterprise, a HR department specialist must take into account the nuances associated with keeping records in the work book, because working at the main place, the citizen transferred his work record to the employer for safekeeping, and part-time work on the basis of an additional agreement no longer requires this.

Combination presupposes the possibility of working in another enterprise as the main place of work, which entails the need to transfer the book to the personnel service of the main employer. Ignoring these provisions of the law can be considered a violation of current regulations, with further assignment of liability for violations. Therefore, when leaving the main position for a part-time job, it is necessary to comply with the Labor Code requirements for the dismissal procedure: with the issuance of a work permit and the making of all payments for the employee.

Basic part-time options

The translation processing process will vary depending on what type of combination is chosen: internal or external.

Internal part-time work allows for the possibility of continuing employment relations with the current employer in the old and new part-time status. External part-time work involves an employee leaving his main place of work to find full-time employment in another company, while retaining a number of official responsibilities in a position at his current place of work.

Description of the procedure

By allowing external part-time work, the employer must understand that from now on the employee will perform work in his free time from his main job. By registering for an internal job, the employee retains his current position, adding the workload of an additional type of work.

Standard procedure

Adhering to the following action plan, they re-register from the main position to a part-time position:

  1. Drawing up and submission by the employee of a resignation letter at the main place of work.
  2. Coordinating it with management.
  3. Preparation of an order to terminate an employment contract.
  4. In the personnel service, the employee makes a corresponding entry in the labor record.
  5. Drawing up and signing a new agreement on new terms of employment, position and payment.

It is important to consider that re-registration as a part-time worker actually means the employee’s ability to work in other places.

Phased transfer to external part-time work

The following detailed instructions will allow you to take into account all the requirements of the Labor Code related to the moment of transition to a new labor relationship between an external part-time worker and the employer:

  1. Termination of a current contract with an employee can be formalized in two ways: by agreement of the parties (Clause 1, Part 1, Articles 77, 78) or based on an application at the employee’s own request (Clause 3, Part 1, Article 77).
  2. Based on the order to terminate the employment contract, the relevant services of the employer initiate the process of registering an entry in the labor contract and making final settlements with the employee (HR service and accounting department, correlating their actions with the provisions of Article 84.1 of the Labor Code).
  3. An employee who is re-registered as a part-time worker receives wages based on worked and unpaid work days off, unused regular vacation, and in case of dismissal by agreement - another compensation payment agreed upon with management.
  4. The personnel service records the employee’s dismissal in the labor record, and also issues all the papers accompanying the procedure.
  5. Only after completion of the dismissal process is it possible to rehire the employee, already in the new status of a part-time worker, indicating in the new agreement the established working conditions and his payment.

When re-registering a citizen, the employer’s services must take into account some features of the procedure.

The resignation letter is written in a standard form, according to the template established at the enterprise, indicating the applicant’s personal information, the date of termination of the working relationship and the basis for dismissal - “at one’s own request.”

An integral part of the transfer to combined work is the accounting department’s calculation of vacation pay for the time worked. The new vacation period in 2019 will be counted from the moment of entering a new position, and vacation payments are made only for the time that the employee actually worked in the new status.

When hiring a part-time employee, the employer must take into account that the employee’s new salary should not be higher than half the salary received by employees in similar positions as main employees.