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Features and problems of legal regulation of part-time workers. Peculiarities of labor regulation for persons working part-time Labor regulation for part-time workers

The Labor Code of the Russian Federation established the specifics of regulating the labor of persons working part-time in Chapter. 44.

Part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job. Thus, a person who worked part-time has at least two employment contracts: one for the main job, the other for part-time work. Part-time work is allowed for several employers, unless otherwise provided by federal law (Article 282 of the Labor Code of the Russian Federation).

The employment contract must indicate that the job is a part-time job. The necessary conditions of an employment contract, established by agreement of the parties, are the scope of the labor function, working hours, and remuneration. Based on Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded with persons working part-time in this organization. The term of the employment contract for part-time work is established by agreement of the parties.

There are internal and external part-time jobs. Article 98 of the Labor Code establishes that part-time work is permitted only in another profession, specialty or position. As a general rule, no permission is required to apply for external part-time work, with the exception of the head of the organization and members of the collegial executive body of the organization. Thus, the head of an organization can work part-time only with the permission of the authorized body of the legal entity or the owner of the organization’s property (Article 276 of the Labor Code of the Russian Federation). Article 283 of the Labor Code of the Russian Federation contains an exhaustive list of documents presented when hiring on an external part-time basis. The employee is required to present a passport or other identification document; for work requiring special knowledge - a diploma or other document on education or professional training; when hiring for hard work, with harmful or dangerous working conditions - a certificate about the nature and conditions of work at the main place of work. The head of the personnel service requires from the applicant a copy of the work book (extract from the work book) or a certificate from the main place of work in order to document the employee’s length of service, as well as in order to suppress such facts when a citizen tries to get a part-time job, etc. in a way to hide the “non-working” disability group from the employer.

At the request of the employee, a part-time job may be entered into the work book. Registration is made at the place of main work on the basis of a document confirming part-time work. In the same order, a record of dismissal from this job is made (clause 3.1 of the Instructions for filling out work books *(60)).

The legislation establishes restrictions on the possibility of part-time work for certain categories of workers due to the special nature of the work they perform, as well as for labor protection reasons. Article 282 of the Labor Code of the Russian Federation prohibits part-time work for persons under eighteen years of age, as well as heavy work, with harmful or dangerous working conditions, if the main job involves the same conditions. Federal legislation prohibits part-time work, except for scientific, teaching, and other creative activities, for members of the Government of the Russian Federation, municipal employees, judges, etc. The Federal Law “On the State Civil Service of the Russian Federation” stipulates that a civil servant has the right, with prior notification of the employer’s representative, to perform other paid work, unless this entails a conflict of interest (Part 2 of Article 14).

Part-time work is performed on a part-time basis with payment in proportion to the time worked or depending on output, i.e. for the work actually performed. The law does not guarantee that part-time wages cannot be less than the minimum wage established by federal law.

In order to protect the health of citizens, the legislator limited the time of part-time work. According to Art. 284 of the Labor Code of the Russian Federation, the duration of working hours for part-time workers cannot exceed four hours a day and sixteen hours a week.

Part-time workers have the right to leave or to replace it with monetary compensation upon dismissal. Annual paid leave for part-time work is provided simultaneously with leave for the main job. This obligation of the employer also occurs if the employee has not worked for a combined job for six months. In this case, the leave is granted in advance and must be paid in full. If the employment contract with a part-time worker is terminated before the end of the working year for which he received leave, then a deduction is made from the salary on the basis of Art. 137 Labor Code of the Russian Federation.

If, in a part-time job, the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employee has the right to request the employer to grant him leave without pay for the corresponding duration. If the employee makes such a request, the employer is obliged to provide such leave.

Due to the fact that persons combining work with training are provided with guarantees and compensation only at their main place of work (Article 287 of the Labor Code of the Russian Federation), employees who worked part-time do not have the right to claim these guarantees and compensation for combined work (for example, to pay for travel to the location of the educational institution and back). As for other guarantees and compensations provided for by the Labor Code and collective agreements, they are provided to part-time workers in full (for example, guarantees upon termination of an employment contract - payment of severance pay upon dismissal from a part-time job due to staff reduction).

An employment contract with persons working part-time can be terminated both on the general grounds provided for by current legislation, and in the case of hiring an employee for this job for whom this work will be the main one. This additional basis for termination of an employment contract is provided for in Art. 288 Labor Code of the Russian Federation. It should be noted that the dismissal of a part-time worker in this case is the right of the employer, and not an obligation, i.e. he can transfer a part-time worker with his consent to another job.

In the Labor Code of the Russian Federation, not all norms regulating part-time relationships are set out clearly enough. Thus, it is not entirely clear (and there are different points of view on this issue) whether a part-time employment contract remains valid if the employee has terminated his employment relationship at his main place of work or has been dismissed at the initiative of the employer. Some researchers believe that if an employee loses his main job, a contract for part-time work will still be considered as a contract with a person working part-time, and the employer has the right to fire such an employee if he hires an employee for whom this work will be the main one. Another point of view is that the employer does not have the right to make such a decision, because The main feature of part-time work has been lost - performing work duties in free time from the main job. Of course, the legislator must introduce some clarity on the issue under consideration into the rules governing part-time work.

Part-time work should be distinguished from combining professions (positions). Combination is a situation when an employee, during the working hours established for him, along with his main work stipulated by the employment contract, performs additional work for the same employer in a different profession or position. Combination is also considered to be an expansion of the scope of work in the same profession or position, performing the duties of an absent employee. For example, the main specialty of an employee is a bricklayer, but he can combine it with the specialty of a plasterer in his working day; or a secretary-typist performs the duties of a secretary and simultaneously performs typing work during the working day. When combining professions, a certain additional payment is made to earnings. The amounts of additional payments are established by agreement between the employee and the employer.

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Within the meaning of Article 282, part-time work is the performance of other work under the terms of an employment contract in your free time from your main job.
Moreover, such work is performed entirely voluntarily.

Part-time work is a form of secondary employment.
An employee can work part-time, both at his main place of work - internal part-time, and for any other employer - external part-time. The specifics of regulating the work of part-time workers are prescribed in Chapter 44 of the Labor Code of the Russian Federation.

Within the meaning of Article 282, part-time work is the performance of other work under the terms of an employment contract in your free time from your main job. Moreover, such work is performed entirely voluntarily. A prerequisite for part-time workers is regularity and half the number of hours compared to the main job. Otherwise, the part-time worker is exactly the same employee.

Part-time work is divided into:
1. Internal - the employee is a part-time worker in the organization where he works under an employment contract.
The exception is teaching staff (Article 333 of the Labor Code of the Russian Federation).
2. External - the employee is a part-time worker in another organization. Permission for external part-time work is not required.

However, this does not apply to managers. The subtleties of part-time management are spelled out in Article 276 of the Labor Code of the Russian Federation.

Employees can have an unlimited number of combinations.

When concluding an agreement (the agreement is concluded only in writing), the employee must pay attention to the fact that the agreement states that “the work is a part-time job.”

The Labor Code of the Russian Federation contains rules prohibiting the conclusion of contracts for part-time work:
– persons under the age of 18;
– workers engaged in heavy work, work with harmful (dangerous) working conditions, if the main work is related to such conditions;
– other cases provided for by federal laws.
Article 283 of the Labor Code of the Russian Federation specifies a list of documents that an employer may require when hiring a part-time employee.

It should be noted that, according to Article 66, at the request of the employee, an entry about his part-time work is made in the work book. In practice, many employees do not know this article and do not use all the necessary entries in the work book.

If an entry about part-time work was made in the work book, then the entry on the termination of the part-time job must be made with the exact wording in accordance with the Labor Code of the Russian Federation with reference to the relevant article (part of the article) of the Labor Code of the Russian Federation.

Employees should also remember that a part-time employment contract is terminated on a general basis. If a new employee is hired, for whom the work will be the main one, and not part-time, the contract will be terminated.

Part-time workers constitute a significant category of persons with whom employment contracts are concluded.

According to Art. 282 TK under part-time refers to the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

This means that part-time work must meet the following conditions:

– part-time work is registered with an employee who has the main job;

– part-time work is performed in free time from the main job;

– part-time work is regular and paid;

– an employment contract for part-time work can be concluded both with the employer at the main place of work (internal part-time work) and with other employers (external part-time work).

The employment contract concluded with a part-time worker must indicate that the work is performed on a part-time basis. The word “part-time” determines the legal status of the employee. If the main job is terminated for one reason or another, the legal status of the part-time worker does not change. He continues to be so, because at the time the employment contract was concluded with him, he had his main job. In order for his legal status to change, it is necessary to terminate the employment contract concluded on a part-time basis and enter into a new employment contract for the main job.

Part-time work is possible with an unlimited number of employers without any preconditions. Exceptions to this rule are allowed only in cases provided for by the Labor Code and other federal laws. Thus, in the interests of protecting the health of citizens, the Labor Code prohibits concluding employment contracts for part-time work with persons under 18 years of age in heavy work, work with harmful and (or) dangerous working conditions, if the main work is related to the same conditions at work directly related to driving vehicles or controlling the movement of vehicles, with employees whose work is directly related to driving vehicles or controlling the movement of vehicles (Article 329 of the Labor Code).

Part-time work is prohibited for heads of state and municipal unitary enterprises. According to Art. 21 of the Federal Law of November 14, 2002 N 161-FZ “On State and Municipal Unitary Enterprises” the head of a unitary enterprise is prohibited from holding positions and engaging in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activities, be a sole executive body or a member of a collegial executive body of a commercial organization, except for cases where participation in the bodies of a commercial organization is part of the job responsibilities of this manager.

For managers of other organizations, part-time work is limited. According to Art. 276 of the Labor Code, the head of an organization can hold paid positions in other organizations only with the permission of the authorized body of a legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner.

This restriction on part-time work is due to the fact that the employer is interested in the manager’s full performance of his duties and in eliminating reasons that may cause a conflict of interest.

Food for thought.

We believe that Art. 276 of the Labor Code, which limits part-time work for the heads of an organization, should also apply to the heads of state and municipal enterprises. This conclusion is based on the fact that Art. 276 of the Labor Code, the legislator, while establishing a restriction on part-time work for heads of organizations, does not provide for any exceptions. Therefore, it can be argued that this article applies to the heads of all organizations, regardless of their legal form and form of ownership. To resolve this issue, Art. 12 of the Labor Code, which provides for the termination of one act by the entry into force of another act of equal or higher legal force, since the ban on part-time work for managers of unitary enterprises was established before the current version of Art. 276 of the Labor Code on restrictions on part-time work.

There are also peculiarities in the regulation of part-time work for teaching, medical, pharmaceutical and cultural workers. These features are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Settlement of Social and Labor Relations. Currently, these workers are subject to Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.” In contrast to the general rules, these workers can be part-time workers performing work under harmful and (or) dangerous working conditions and in cases where their main place of work has established a reduced working time due to work with harmful and (or) dangerous conditions. working conditions. In addition, according to this Resolution of the Russian Ministry of Labor, many types of work are not considered part-time work. These include, for example, teaching work on an hourly basis for no more than 300 hours per year. To implement it, no employment contracts must be concluded.

The conclusion of an employment contract for part-time work is preceded by the stage of presenting documents.

The regulatory list of required documents is narrower than the actual list. According to Art. 283 of the Labor Code, the employee is required to present a passport or other identification document. If the job for which a part-time worker is applying requires special knowledge, the employer has the right to oblige the employee to present the necessary documents confirming the presence of this knowledge, or duly certified copies of the relevant documents, for example, a doctor’s diploma, a driver’s license. Since it is not allowed to work part-time in heavy work, as well as in work with harmful and (or) dangerous working conditions, if the main work is associated with the same working conditions, from an employee entering heavy work, work with harmful and (or) dangerous working conditions, require a certificate about the nature and conditions of work at the main place of work. A certificate confirming the performance of the main work in conditions that do not deviate from normal gives the employer the right to conclude an employment contract with the employee on a part-time basis to perform heavy work, work under harmful and (or) dangerous working conditions.

At the same time, when concluding an employment contract, a person applying for a part-time job is additionally required to present an insurance certificate of state pension insurance, a document confirming the fact of having a main job (a copy of the work book or a certificate from the main place of work), and when hiring, related to activities to which, in accordance with the Labor Code, other federal laws, persons who have or have had a criminal record, are or have been subject to criminal prosecution are not allowed to carry out - a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds.

Food for thought.

It is necessary to change the content of Art. 283 of the Labor Code, which provides a list of documents required when applying for a part-time job. This list should be expanded to include the documents outlined above. Otherwise, in addition to other negative consequences, the employer will unintentionally enter into employment contracts for part-time work with persons who do not have a main place of work - the lawful conclusion of an employment contract with a part-time worker requires evidence confirming the existence of a main place of work.

Contents of an employment contract concluded with persons working part-time

As for the content of the employment contract with part-time workers, it is determined by the general rules set out in Art. 57, as well as the features provided for in Chapter. 44 of the Labor Code, which provides for special legal norms related to this category of workers.

A mandatory condition of the employment contract is working hours, if it differs from the general rules in force for a given employer. For a part-time worker, it should not exceed four hours a day, and on days when the employee at his main place of work is free from performing work duties, he can work part-time full time (shift). A part-time worker has the right to work full-time (shift) in cases where he has suspended work at his main place of work due to a delay in payment of wages for a period of more than 15 days (Article 142 of the Labor Code) or is temporarily suspended from work in accordance with a medical report ( Part 2 or 4 of Article 73 of the Labor Code).

In all cases when a part-time employee can work full time, it is necessary to request a certificate from his main place of work confirming that on these days he is free from performing work duties.

When recording working hours in aggregate, the duration of part-time work should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

Among the mandatory conditions of an employment contract, the Labor Code (Article 57) includes the conditions wages. The employment contract with the part-time worker also sets out the terms of payment. If they perform piece work, then payment is made depending on output. The work of persons engaged in temporary work is paid in proportion to the time worked, with the exception of those who have standardized tasks. In these cases, payment is made based on the final results for the amount of work actually completed. If mutually agreed upon by the employer and employee, the employment contract may provide for other conditions of remuneration.

Part-time workers working in areas where regional regulations have been established odds And allowances to wages, remuneration is made taking into account these coefficients and allowances.

Article 286 of the Labor Code provides for the specifics of providing vacations when working part-time, the purpose of which is to free the part-time worker from work when he goes on vacation from his main place of work. One of the features is that part-time leave is granted simultaneously with leave for the main job. This rule also applies when the employee has not worked at a part-time job for six months. In the latter case, leave is granted in advance. Adequate rest for part-time workers is also facilitated by the rule that the employer, at the employee’s request, provides leave without pay for the appropriate duration if the leave at a part-time job is less than the leave at the main place of work.

Food for thought.

In the practice of applying part-time leave, there are cases when an employee performing part-time work asks not to be granted leave at the same time as leave for his main job. The Federal Service for Labor and Employment believes that the employer does not have sufficient grounds to grant leave to a part-time employee not simultaneously with annual leave for his main job<1>. The argument in favor of such a decision is that a different procedure for granting leave does not give the employee the opportunity to fully use leave at their main place of work. This opinion is highly controversial. The rule on granting a part-time worker leave simultaneously with leave for his main job is a guarantee norm. It is established in the interests of the employee. And if the employee does not express a desire to take advantage of this provision, the employer does not have the right to insist on a different decision.

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Both employment contracts for an indefinite period and fixed-term employment contracts can be concluded with part-time workers. If an employment contract is concluded for an indefinite period, it can be terminated on an additional basis: when hiring an employee for whom this work will be the main one. In this case, the part-time employee must be notified of dismissal in writing at least two weeks before the termination of the employment contract. If you refuse to familiarize yourself with the notification, a corresponding act is drawn up. Application of Art. 288 of the Labor Code, which provides an additional basis for terminating an employment contract with persons working part-time, requires taking into account not only the fact of hiring to the main place of work, which was occupied by a part-time worker, but also clarifying the question of what work is performed by those hired for the main place of work: the same work performed part-time, or other work. If it is a different job, then the part-time worker is subject to reinstatement.

Judicial practice.

A similar case was considered in the Moscow region. Electromechanic F. for elevators was dismissed under Art. 288 TK. The court refused to reinstate him at work, since the defendant presented evidence that F. worked at OJSC “M” on a part-time basis, and S. was hired at the main place of work. However, in the Determination of the Moscow Regional Court dated March 31, 2011, it was stated that the court of first instance did not take into account that in order to properly resolve the dispute about the legality of dismissal under Art. 288 of the Labor Code, in addition to establishing the fact that the employee was hired at the main place of work, it is necessary to find out whether he performed the same work as a part-time worker.

In this case, F. was hired for the position of electrician for elevators of the VI category part-time in RU-7, and S., according to the staffing table, for the position of electrician for elevators of the III category without the right to work independently. The Presidium of the Moscow Regional Court, having considered all the circumstances of the case, canceled the previously made decisions and sent it for a new trial to the court of first instance with a different composition of judges.

When applying Art. 288 of the Labor Code, facts occur when an employer transfers an employee to work performed by a part-time worker, and the latter quits due to the fact that another employee for whom this work is the main one is hired in his place.

We cannot agree with this practice. Key words in the context of this article: “in case of hiring an employee for whom this work will be the main one”. This means that an additional basis for the dismissal of a part-time worker is not any form of the employee entering the main job (concluding an employment contract or changing the terms of a previously concluded employment contract determined by the parties), but only the initial conclusion of the employment contract<1>.

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When applying for a job to apply Art. 288 of the Labor Code does not matter the mode of expected work - full-time or part-time. Determining factor: the work performed must be the main job for persons who have entered into an employment contract.

The Labor Code includes in a separate article the issue of guarantees and compensation for persons working part-time – Art. 287. All guarantees and compensations provided for by the Labor Code, other laws and other regulations, collective agreements, agreements, local regulations of the organization are provided to persons working part-time on an equal basis with other employees, i.e. in full. The only exceptions are guarantees and compensation for persons working in the Far North and equivalent areas, as well as guarantees and compensation for persons combining work with study. Such guarantees and compensations are provided to employees only at the main place of work.

According to Part 5 of Art. 66 of the Labor Code, an entry in the work book about part-time work is made at the place of main work only if the employee requests it. The basis for such an entry is a document confirming part-time work.

Conclusions.

Legislation on part-time work makes it possible for a significant number of workers to have additional work for additional pay. This opportunity is realized by concluding an employment contract with the employer at the main place of work (internal part-time job) or with another employer (external part-time job).

All terms of the employment contract with a part-time worker are carried out in the same manner as with other employees. Peculiarities of labor regulation for part-time workers relate mainly to working hours and vacation time, as well as the grounds for termination of an employment contract. The purpose of these features is to create favorable conditions for work and rest, as well as take into account the employer’s interest in key employees.

An analysis of the legislation on the regulation of part-time labor gives grounds to assert that some issues of this regulation are transferred in an additional decision, although the main content of the relevant legal norms meets the task of attracting an additional category of workers to work on a part-time basis.

The Labor Code of the Russian Federation established the specifics of regulating the labor of persons working part-time in Chapter. 44.

Part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job.

Thus, a person who worked part-time has at least two employment contracts: one for the main job, the other for part-time work. Part-time work is allowed for several employers, unless otherwise provided by federal law (Article 282 of the Labor Code of the Russian Federation).

Federal legislation prohibits part-time work, except for scientific, teaching, and other creative activities, for members of the Government of the Russian Federation, municipal employees, judges, etc. The Federal Law “On the State Civil Service of the Russian Federation” stipulates that a civil servant has the right, with prior notification of the employer’s representative, to perform other paid work, unless this entails a conflict of interest (Part 2 of Article 14).

General provisions on part-time work (Article 282)

Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Concluding employment contracts for part-time work is permitted with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job and with other employers.

The employment contract must indicate that the job is a part-time job.

Part-time work for persons under the age of eighteen is not allowed, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is related to the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of the regulation of part-time work for certain categories of workers (teaching, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, can be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for Social Regulation - labor relations.

In the definition of the concept of part-time work given in Art. 282 of the Labor Code of the Russian Federation, the following features are highlighted: 1) this is another (not the main) job; 2) this is a regular paid job; 3) this is work under the terms of a special employment contract; 4) this is work in your free time from your main job.

Other work should be understood as work other than the main one, differing from it in the nature of the labor function (specialty, profession), working conditions, and place of work. It is hardly legitimate to consider part-time work as part-time or double-time teachers in the same educational institution if the nature of the job function and working conditions do not change. It is more correct, in our opinion, to consider such work as overtime. However, similar work in another educational institution fully corresponds to the concept of part-time work.

Part-time work involves the conclusion of at least two employment contracts (for the main and combined work). Article 282 of the Labor Code of the Russian Federation provides for a rule according to which the conclusion of part-time employment contracts is allowed with an unlimited number of employers, unless otherwise provided by federal law. At the same time, the employment contract must indicate that the work performed is part-time.

The condition that the combined work is carried out in free time from the main job makes it possible to distinguish part-time work from combining professions (positions).

Combination of profession (positions) is the performance by an employee, agreed with the employer, of additional work in another profession (position) along with the main job, within the limits of the working day established by law. Thus, if part-time work involves working beyond working hours for the main job, then combining professions (positions) is carried out within the same working hours.

Article 282 of the Labor Code of the Russian Federation allows two types of part-time work: 1) at the place of the employee’s main job; 2) with another employer. At the same time, the employee’s work book at the place of work.

Current legislation does not, as a general rule, require any formal permission from employers for their main work. Exceptions to this rule are established by federal law. For example, it is not allowed for persons under the age of 18 to work in hard and hazardous jobs or in jobs with intense labor conditions. Permission for part-time work in these cases must be obtained from the employer, and it must be agreed with the trade union body.

Documents presented when applying for part-time work (Article 283)

When applying for a part-time job with another employer, the 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 diploma or other document on education or professional training or duly certified copies thereof, and when hiring for hard work, work with harmful and (or) dangerous working conditions -- a certificate about the nature and working conditions at the main place of work.

The current labor legislation has streamlined the procedure for registering a part-time job, establishing a clear list of documents required when applying for a part-time job.

According to Art. 283 of the Labor Code of the Russian Federation, an employee is required to present when concluding a part-time employment contract with another employer: a) a passport or other identification document; b) a diploma or other document on education or professional training (if the work requires special knowledge); c) a certificate about the conditions and nature of work for the main job, if the part-time job involves difficult, harmful and (or) dangerous working conditions.

Since Art. 283 of the Labor Code of the Russian Federation establishes a list of documents only when applying for a part-time job with another employer; it should be assumed that when working part-time at the main place of work, compliance with such a list is not necessary. Here, the issue of limiting part-time work (for example, during stressful work conditions) is decided by the employer in agreement with the trade union committee or other representative body of workers.

Duration of working hours when working part-time (Name as amended by Federal Law of June 30, 2006 No. 90-FZ.) (Article 284)

The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

The restrictions on the duration of working hours when working part-time, established by part one of this article, do not apply in cases where the employee has suspended work at his main place of work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with part two or four of Article 73 of this Code.

Part-time work is limited in time. It cannot last more than 4 hours a day. Such restrictions are established in the interests of occupational safety and health of workers.

The commented article (as amended by the Federal Law of June 30, 2006) introduced significant changes in terms of the duration of working hours when working part-time and the procedure for determining this duration.

On days when the employee is free from performing work duties at his main place of work, the four-hour maximum part-time norm can be increased and the employee can work a full day (shift). During one month (another accounting period), the duration of part-time work should not exceed half of the monthly norm (norm for the accounting period) established for the corresponding category of employees. The restrictions on the duration of part-time work noted above do not apply in cases where the employee has suspended work at his main place of work in accordance with Part 2 of Art. 142 of the Labor Code of the Russian Federation (in case of delay in payment of wages for a period of more than 15 days) or suspended from work in accordance with Part 2 and Part 4 of Art. 73 of the Labor Code of the Russian Federation (in connection with a medical report).

However, it should be noted that those specified in Art. 284 of the Labor Code of the Russian Federation, the restrictions do not comply with the provisions of Art. 282 of the Labor Code of the Russian Federation, which granted the employee the right to enter into part-time employment contracts with an unlimited number of employers. Apparently, we should return to the provision of previous legislation, which limited external part-time work to one place of work (one organization). Otherwise, the restrictions established by Art. 284 of the Labor Code of the Russian Federation will be of a formal nature.

Remuneration for persons working part-time (Article 285)

Remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract.

When establishing standard tasks for persons working part-time with a time-based payment, payment for labor is made based on the final results for the amount of work actually completed.

Persons working part-time in areas where regional coefficients and wage allowances are established are paid taking into account these coefficients and allowances.

Employees working part-time are subject to the general principles of legal regulation of remuneration. Time workers are paid in proportion to the time worked, piece workers - depending on output. However, the employer and employee, when concluding a part-time contract, may provide for other conditions of remuneration (for example, payment at increased tariff rates).

If a part-time worker has received a standardized task (for example, to complete a certain amount of work on a working day, shift), payment for his work is made based on the final results for the amount of work actually completed.

A standardized task should be understood as the total amount of work that an employee must complete per unit of working time (hour, working day, shift).

Article 285 of the Labor Code of the Russian Federation guarantees that part-time workers retain regional coefficients and bonuses. The regional coefficient and bonuses are set taking into account (proportionally) the working hours worked.

Remuneration for persons working part-time in accordance with the letter of the Ministry of Education of the Russian Federation dated June 3, 1999 No. 20--55--2780/20--3 “On the procedure for calculating northern wage supplements for persons working part-time” is made taking into account regional coefficients and northern allowances.

Leave when working part-time (Article 286)

Persons working part-time are granted annual paid leave simultaneously with leave for their main job. If an employee has not worked for six months at a part-time job, then leave is provided in advance.

If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.

Part-time workers enjoy the right to annual paid leave, which is provided simultaneously with the corresponding leave for their main job. In this case, part-time workers (although their working hours are usually less than for their main job) receive annual leave of the same duration as employees performing this job (position) as their main job.

For example, two employees holding similar positions or performing similar work will have the same duration of annual leave (despite the fact that one of the employees is a part-time employee).

At the same time, Art. 286 of the Labor Code of the Russian Federation established a rule according to which annual leave is granted to a part-time worker in advance if he has not worked for 6 months at a part-time job.

If an employee has a part-time vacation of shorter duration than his main job, the employer, at the request of the employee in accordance with Art. 286 of the Labor Code of the Russian Federation provides him with leave without pay for the corresponding duration.

In this case, the part-time worker’s leave will consist of two parts: paid (for the combined position) and unpaid, which makes up the difference between the duration of the leave for the main and combined work.

However, it remains unclear what to do if the duration of leave for the main job is less than for the part-time job (for example, in the case when a civil servant works part-time as a university teacher). Apparently, in this case, the employee cannot apply for continued leave (without pay) for his main job.

Guarantees and compensations for persons working part-time (Article 287)

Guarantees and compensation for persons combining work with study, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.

Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

This article regulates guarantees and compensation for persons working part-time.

If a part-time employee combines work with study, guarantees and compensation in connection with studies are provided to him only for his main job. This applies to study leaves, payment of expenses for moving to the place of study, etc.

A similar rule has been established for persons working in the Far North and equivalent areas. They are also provided with guarantees and compensation only for their main work. This applies to length of service, salary bonuses, etc. (for more information on this, see the comments to Articles 313-317 of the Labor Code of the Russian Federation).

In the above cases, it should be assumed that we are essentially talking about the non-extension of guarantees and compensation to part-time work.

In all other cases, except those listed in § 1, when the current legislation, other regulations, collective agreements, agreements, local regulations provide guarantees and compensation, they fully apply to part-time workers.

It seems that those established in Art. 287 of the Labor Code of the Russian Federation, restrictions on the provision of guarantees are still not strictly mandatory for employers for combined work. By agreement with the part-time employee, these restrictions may be partially or fully restored to the level provided for employees in their main job.

Additional grounds for termination of an employment contract with persons working part-time (Article 288)

In addition to the grounds provided for by this Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer warns in writing the specified person at least two weeks before the termination of the employment contract.

Part-time workers who have entered into employment contracts for an indefinite period are subject to general rules governing the grounds for termination of an employment contract with them (Article 77 of the Labor Code of the Russian Federation). At the same time, Art. 288 of the Labor Code of the Russian Federation provided for a specific additional basis for terminating an employment contract with them. It concerns cases when, instead of a part-time worker, another person is hired for his place of work (position), for whom the specified work will be the main one. The employer warns the part-time worker about this in writing at least 2 weeks before the termination of the employment contract.

In light of the above, the question arises whether a part-time worker has an advantage if he wishes to switch or apply for a combined job as his main one. Article 288 of the Labor Code of the Russian Federation and other regulatory legal acts do not provide for such an advantage. Consequently, the employer himself decides with whom to conclude an employment contract - with a new employee or with a part-time worker who has decided to leave his main job.

Conclusion of an employment contract for a period of up to two months (Article 289)

When hiring for a period of up to two months, no testing is imposed on employees.

Article 289 of the Labor Code of the Russian Federation established the rule that when concluding an employment contract for a period of up to 2 months, no probation is imposed on employees. This provision of Art. 289 of the Labor Code of the Russian Federation is fully consistent with the provisions of Art. 70 of the Labor Code of the Russian Federation, which established the testing period for hiring for no more than 3 months. It is quite obvious that if such a test were provided, the employee would be in the state of being tested throughout the entire work.

Since the Labor Code of the Russian Federation does not contain articles regulating the work of temporary workers, and does not even define the very concept of such a worker, it should be assumed that from now on the category of temporary workers has lost its former meaning. Therefore, at present, when concluding an employment contract, it is not enough to refer to “temporary work”, to the “temporary nature of the work”, etc.

The wording in this case, apparently, should be indicated either by writing that the employment contract is concluded for a period of up to 2 months (without specifying a specific period), or by indicating a specific period (but within 2 months).

Engagement in work on weekends and non-working holidays (Article 290)

Employees who have entered into an employment contract for a period of up to two months may, within this period, be required, with their written consent, to work on weekends and non-working holidays.

Work on weekends and non-working holidays is compensated in cash at least double the amount.

General rule on attracting employees to work on weekends and non-working holidays Art. 290 of the Labor Code of the Russian Federation also applies to those with whom an employment contract has been concluded for a period of up to 2 months. However, such involvement is possible only with the written consent of the employee. This means that the employer does not have the right, using his economic power, to issue a corresponding order without receiving the written consent of the employee. The reference to “oral consent”, “lack of objection”, etc. has no legal significance.

It is further important to note that engaging these workers to work on weekends and non-working holidays is possible only in exceptional cases, the list of which is given in Art. 113 of the Labor Code of the Russian Federation (see commentary to this article).

Work on weekends and non-working holidays is compensated in cash at least double the amount. The collective agreement and employment contract may also provide for a higher amount of compensation.

Paid holidays (Article 291)

Employees who have entered into an employment contract for a period of up to two months are provided with paid leave or compensation upon dismissal at the rate of two working days per month of work.

Unlike previous legislation, Art. 291 of the Labor Code of the Russian Federation provides for the provision of paid leave to employees who have entered into an employment contract for a period of up to 2 months. Such leave is provided at the rate of 2 days per month of work.

Upon dismissal of these employees who did not use vacation in kind, monetary compensation is paid based on the same calculation. Average earnings in this case should be calculated taking into account all days of actual work.

Termination of an employment contract (Article 292)

An employee who has entered into an employment contract for a period of up to two months is obliged to notify the employer in writing three calendar days in advance of the early termination of the employment contract.

The employer is obliged to warn an employee who has entered into an employment contract for a period of up to two months about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing against signature at least three calendar days in advance.

An employee who has entered into an employment contract for a period of up to two months is not paid severance pay upon dismissal, unless otherwise established by federal laws, a collective agreement or an employment contract.

Article 292 of the Labor Code of the Russian Federation regulates the specifics of terminating an employment contract with an employee who has entered into such an agreement for a period of up to 2 months.

If the initiator of termination is an employee, he is obliged to notify the employer in writing 3 calendar days in advance of the early termination of the employment contract.

As for the employer, Art. 292 of the Labor Code of the Russian Federation obliges him to warn him about the upcoming dismissal only in two cases: a) in connection with the liquidation of the organization; b) when reducing the number or staff of employees. Such a warning must be given to the employee in writing against signature at least 3 calendar days before dismissal.

Although Art. 292 of the Labor Code of the Russian Federation has established a rule according to which employees who have entered into an employment contract for a period of up to 2 months are not paid severance pay, however, it does not exclude this possibility if labor legislation, a collective agreement or an employment contract provides for the payment of severance pay to this category of workers.

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