Part-time job of
Not so long ago in various editions on employment, and also on the specialized websites there were many announcements where offer additional earnings. Really, today labor market needs experts for performance of temporary, seasonal or single job. Many people combine the main and additional work. For someone it is an opportunity to try the hand in a new field, to expand a circle of professional interests, and for someone - vital need.
the Part-time job is one of kinds of additional work and is known even since action of the Labour Code. What does it represent from the point of view of the modern Labour code of the Russian Federation (Labor Code of the Russian Federation)? In what its difference from other types of a side job? What guarantees and advantages are got by the employee? Who and in what cases can work part-time and why in the labor legislation there are restrictions and bans on this kind of activity?For a start we will determine by
the concept “part-time job“. According to Art. 282 of the Labor Code of the Russian Federation combining jobs is a performance by the employee of other regular paid work on the terms of the employment contract in time, free from the main work. Art. 98 of the Labor Code of the Russian Federation concretizes this definition in relation to working hours: combining jobs is work outside the normal duration of working hours at the initiative of the employee. He has the right to work part-time as on the main duty station (internal combining jobs), and in other organizations (external combining jobs).
What differences between internal and external combining jobs? In - the first, and it is clear already from the name, at external combining jobs you work for other employer, outside the main duty station. In - the second, at external combining jobs you have the right to work at any position, on any specialty including similar to that that you have on a primary place of employment. And here work on internal combining jobs assumes work at the same employer, but at other position and (or) on other specialty, other than the main.
the Part-time job is regulated by the labor, but not civil legislation. It distinguishes it from a side job on grazhdansko - to legal instruments which can also be carried out in time, free from the main work. To begin to work as the part-time worker, existence of the labor relations on the main duty station is necessary. For example, working according to the turnkey contract, you have no right to be issued as the part-time worker as according to the legislation you do not consist in the labor relations.
Besides, according to Goskomtrud`s Resolution of the USSR, Ministry of Justice of the USSR and the All-Union Central Council of Trade Unions from 09. 03. 1989 No. 81/604 - To - 3/6 - 84 “About the adoption of the provision on working conditions in combination“ is determined the list of the works which do not have relations to combining jobs. Rank such kinds of activity as them as:
- literary work, including the editing, the translation and reviewing of separate works paid from fund of royalties;
- technical, medical, accounting and other expertize with single compensation;
- pedagogical work with hourly compensation in volume of no more than 240 hours a year;
- performance of duties of medical consultants of healthcare institutions in volume of no more than 12 hours a month with single compensation etc.
So, you found additional work and decided to work in combination. What documents will be required to you for registration? According to the Labor Code of the Russian Federation at employment in combination in other organization the candidate is obliged to show to the employer the passport or other identity card and the insurance evidence of the state pension insurance. The last is not specified as the necessary document, but it needs to be had at itself for an execution of an employment agreement (Art. 65 of the Labor Code of the Russian Federation).
If you get a job, providing existence of special knowledge, the employer has the right to demand presentation of the diploma or other document on education or vocational training or their copies certified properly. At reception on heavy, and also with harmful and (or) dangerous working conditions work you need the certificate of character and working conditions on a primary place of employment. whether
the employer Has the right to refuse employment in combination under the pretext of the fact that for a position or for performance of these labor duties combining jobs is not provided? The legislation really contains a number of restrictions. So, for example, according to Art. 282 of the Labor Code of the Russian Federation work in combination is not allowed: the persons which did not reach eighteen-year age; on heavy, and also with harmful and (or) dangerous working conditions works if the main work is connected with the same conditions.
of Restriction for a part-time job extend also to those workers who cannot combine the main work with other paid work, except scientific, teaching, literary and other creative activity. Belong to this category:
- the employees of the Bank of Russia holding positions which list is approved by board of directors (on the basis of the Federal law from 10. 07. 2002 No. 86 - Federal Law “About the Central Bank Russian Federation (Bank of Russia)“);
- of the judge (according to the Act of the Russian Federation from 26. 06. 1992 No. 3132 - 1 “About the status of judges in the Russian Federation“);
- public prosecutor`s workers (according to the Federal law from 17. 01. 1992 No. 2202 - 1 “About prosecutor`s office of the Russian Federation“) etc.
In practice cases when employers include point on a ban on external combining jobs in the employment contract meet. This direct violation of the Labor Code of the Russian Federation: employment contracts do not may contain the conditions reducing the level of the rights and guarantees of workers established by the legislation. For a part-time job of a consent of administration on the main duty station it is not required.
What else it is necessary to know about features of the labor relations during the work as the part-time worker? According to the Labor Code of the Russian Federation for performance of a part-time job it is necessary to sign the employment contract with the employer. He is imprisoned irrespective of a type of combining jobs, even at internal combining jobs and work at the same employer. In that case the special form of the employment contract is legislatively not provided, but the Labor Code of the Russian Federation regulates that it is necessary to specify in it that work is combining jobs.the Labour relations with the part-time worker besides the conclusion of the relevant contract make out
the order on employment. At the same time the same rules work, as at registration on the main duty station. That is the employer is obliged to issue the order and to acquaint you with it under a list in three-day time from the date of signing of the employment contract. Besides, according to your requirement he is obliged to issue the copy of the specified order (order) certified properly.
How many employment contracts about a part-time job it is possible to sign? One, two? The correct answer - how many for you it is necessary. The legislator does not limit number of employers. But for labor protection the employer has no right to establish for the part-time worker duration of working hours exceeding four hours a day and sixteen hours a week. The general duration of its work within a month should not exceed half of the monthly norm of working hours established for the corresponding categories of workers.
By the general rule at a part-time job a salary is charged in proportion to hours worked depending on development or on other conditions determined by the employment contract. At time system of payment the sum of remuneration is counted on the end results for actually executed amount of works. At compensation of part-time workers consider regional coefficients and extra charges to a salary. Besides, getting such job, find out what local regulations on compensation work in this organization. All regulations on system of compensation extend to part-time workers whether awarding etc.
needs to make record about combining jobs in the service record? The legislator leaves such moment to the discretion of the worker. But if you decided to make it, then consider that according to the Resolution of the Ministry of Labour and social development of the Russian Federation from 10. 10. 2003 No. 69 “About the approval of the instruction for filling of service records“ record in the service record is made in the place of the main work on the basis of the document confirming combining jobs.Part-time workers can face
a leaving problem in the annual paid vacation at discrepancy of time of holidays at different works. According to the current legislation the annual paid vacations they are granted along with holiday at the main work. If on a part-time job duration of the annual paid vacation of the employee is less, than holiday duration on the main duty station, then the employer at the request of the employee grants it leave without preservation of a salary for the necessary period. How to be if the part-time worker did not work the six-months minimum term put for providing holiday yet? According to Art. 286 of the Labor Code of the Russian Federation in that case it is granted leave in the advance payment and pay it completely. At dismissal from a part-time job before the termination of working year make recalculation for unfinished days on account of which leave is granted. any features of dismissal for the part-time worker Exist? Cancellation of the employment contract happens to it on the general bases specified in the Labor Code of the Russian Federation. The most frequent reason - cancellation of the contract at the initiative of the worker (at own will). Certainly, such agreement is terminated as well at the initiative of the employer (the list of the bases is provided in Art. 81 of the Labor Code of the Russian Federation). The employment contract is stopped also in case of employment of the employee for which this activity will be the main. But in this case dismissal - the right, but not a duty of the employer, therefore, he can offer other work also on the terms of combining jobs.
any features of dismissal for the part-time worker Exist? Cancellation of the employment contract happens to it on the general bases specified in the Labor Code of the Russian Federation. The most frequent reason - cancellation of the contract at the initiative of the worker (at own will). Certainly, such agreement is terminated as well at the initiative of the employer (the list of the bases is provided in Art. 81 of the Labor Code of the Russian Federation). The employment contract is stopped also in case of employment of the employee for which this activity will be the main. But in this case dismissal - the right, but not a duty of the employer, therefore, he can offer other work also on the terms of combining jobs.