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

The conclusion of employment contracts for part-time work is allowed 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 work is part-time.

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

(Part Five as amended by Federal Law No. 90-FZ of June 30, 2006)

Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social labor relations.

(Part six as amended by Federal Law No. 90-FZ of June 30, 2006)

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 vocational training or their duly certified copies, and when hired for hard work, work with harmful and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 284

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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

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

Article 285

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

When establishing persons working part-time with time wages, standardized tasks, wages are paid according to end results for the amount of work actually done.

Persons working part-time in areas where district coefficients and allowances to wages, remuneration is made taking into account these coefficients and allowances.

Article 286

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

If at a part-time job the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him leave without saving wages appropriate duration.

Article 287. Guarantees and compensations for persons working part-time

Guarantees and compensations 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.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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

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

Federal Agency for Education of the Russian Federation

State educational institution

higher professional education

"Moscow State Law Academy"

(department of labor law and law social security)

Graduate work

Features of the legal regulation of labor of persons working part-time

Introduction

Chapter I. Unity and differentiation of legal regulation of labor relations of part-time workers

§1.1 Features of the legal regulation of the labor of part-time workers as a manifestation of sectoral differentiation of labor law

§1.2 History of the development of legislation on part-time employment

§1.3. Essence and concept of combination

Chapter II. Features of the work of part-timers

§2.1 The procedure for concluding and the content of the employment contract

§2.2 Peculiarities of legal regulation of working time and rest time

§2.3 Remuneration. Guarantees and compensations for persons working part-time

§2.4 Peculiarities of termination of an employment contract

Conclusion

List of sources used

INTRODUCTION

Russia's transition to a multiform market economy, the establishment of the principle of freedom of labor and the need effective development social production demanded a change in the legal regulation of the labor of persons working part-time.

In this regard, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) for the first time appeared special rules governing labor specified workers. For many years, part-time employment in Russia has been regulated by by-laws, a variety of regulations and instructions. In the Labor Code of the Russian Federation, which entered into force on February 1, 2002, for the first time at the legislative level, legal regulation part-time jobs. However, the Labor Code of the Russian Federation did not resolve all issues of the institution of part-time employment. In this regard, errors arise, both in theory and in practice. Such errors are associated with a number of restrictions on the rights of employees.

In the regulation of the labor of persons working part-time, the unity and differentiation of labor law finds expression. In this regard, it is of interest to determine the signs that allow us to talk about the unity in the legal regulation of the labor of part-time workers, and about the grounds for their differentiation.

The reform of labor legislation affected not only the norms devoted to the work of part-time workers, but also those relating to the regulation of combining professions (positions), expanding service areas and increasing the volume of work, and fulfilling the duties of a temporarily absent employee. In this regard, it is of great practical importance to study the common features and differences of part-time employment and the performance of the duties of a temporarily absent employee, the combination of professions (positions). The often contradictory practice of applying the legislation on the legal regulation of the labor of part-time workers, which is beginning to take shape, also requires analysis.

These and other topical issues of legal regulation of the labor of persons working part-time attracted the attention of the author and determined the choice of topic.

The purpose of this thesis- consider the features and legal regulation of part-time employment in the labor law of the Russian Federation.

to characterize general approaches to solving the problem of ensuring unity and differentiation in labor law, including, for example, the regulation of the labor of part-time workers;

analyze the legal regulation of labor relations in combination;

reveal the essence and give the concept of part-time employment, show its differences from the combination of professions (positions);

characterize the procedure for concluding and terminating an employment contract, as well as the peculiarities of regulating working hours, rest time and remuneration for part-time jobs;

analyze the procedure for providing guarantees and compensations to persons working part-time;

consider the features of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, as well as cultural workers).

As society democratizes, part-time work begins to be regulated directly by the Labor Code of the Russian Federation and other laws. The role and importance of by-laws in ensuring the legal regulation of part-time employment is significantly reduced. This undoubtedly contributes to the strengthening of the legal regulation of the labor of persons working part-time.

The theoretical basis of the study is the works of legal scholars in the field of labor law: K.N. Gusova, Yu.N. Korshunova, A.F. Nurtdinova, Yu.P. Orlovsky, V.N. Tolkunova, and others. The dissertation of the senior lecturer of the department of labor law and social security law of Moscow State Law Academy L.A. Pedchenko for the degree of candidate of legal sciences on the topic “Features of the legal regulation of the labor of persons working part-time”, which was defended at the Moscow State Law Academy in 2003.

The structure of the thesis is determined by the purpose of the study. The work consists of an introduction, two chapters, seven paragraphs, a conclusion and a list of references.

CHAPTER I. UNITY AND DIFFERENTIATION OF LEGAL REGULATIONS

§1.1 Features of the legal regulation of the labor of part-time workers as a manifestation of sectoral differentiation of labor law

The Labor Code of the Russian Federation is the most important act of labor legislation, reflecting socio-economic changes in the country, taking into account the practice of applying labor law norms and new scientific approaches, as well as determining the prospects for the development of labor legislation. One of the advantages of the Labor Code of the Russian Federation in this edition is the presence in it of a special and very voluminous section (Part IV, including, in total, 16 chapters and 101 articles) with the title "Peculiarities of labor regulation of certain categories of workers", in which for the first time at the level of the main Labor law in the Russian Federation enshrined these features. Including, features of labor regulation of persons working part-time (Chapter 44).

There is no doubt that the effectiveness of the application of the provisions of this section and the mentioned chapter of the Labor Code of the Russian Federation (in relation to the work of part-time workers) largely depends on the solution of the problem of unity and differentiation of the legal regulation of labor.

So, also A.E. Pasherstnik wrote, "the unity of labor law not only does not contradict the differentiation of legal regulation, but, on the contrary, presupposes it." At the same time, the features of the legal regulation of labor are based on the general principles of labor law, the equality of basic rights and obligations for all employees. Differentiation contributes to the unity of labor law, and unity creates the conditions for labor regulation.

The factors that are associated with ensuring the unity of labor law include its general principles, such important legal features as the general goals of legal regulation, the specificity of legal means of influencing social relations that are the subject of labor law regulation, equality of rights and opportunities for workers, as well as establishing limits on the differentiation of labor law.

Let us briefly dwell on the characteristics of these legal features.

The general (single) goals of regulating labor relations in the Russian Federation are reflected in Article 1 of the Labor Code of the Russian Federation. They consist in establishing state guarantees of labor rights and freedoms of citizens, creating favorable working conditions, protecting the rights and interests of workers and employers. The main (that is, again general or unified) tasks of labor legislation are the creation of the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as the legal regulation of labor relations and other directly related relations. The unity of labor law is also supported by the establishment of a unified system of labor legislation (including legislation on labor protection), consisting of the Labor Code of the Russian Federation, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms. The hierarchy of normative legal acts containing labor law norms established in Article 5 of the Labor Code of the Russian Federation and the requirement that labor law norms contained in other federal laws and normative legal acts comply with the Labor Code of the Russian Federation allows us to say that this one system reflects such an important position as the supremacy of laws over other normative legal acts and the supremacy of the Labor Code of the Russian Federation over other laws containing labor law norms. According to part 3 of article 11 of the Labor Code of the Russian Federation, all employers ( individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other relations directly related to them with employees must be guided by the provisions of labor legislation and other acts containing labor law norms. This requirement of the Labor Code of the Russian Federation fully applies to persons working part-time; which is also a confirmation of the unity of labor law.

The peculiarity of legal means of influencing social relations that are the subject of labor law is manifested in the establishment of minimum guarantees at the state level, both for employees and the employer, as well as in providing significant freedom to the parties to these legal relations in their contractual regulation. Moreover, the expansion of contractual regulation of labor relations is feature modern labor law. In addition, it is necessary to note the wide participation of the team of workers in the establishment of local norms and the need, in certain cases, to take into account the opinion of trade unions or other representative bodies workers. The unity of labor law is facilitated by the legal mechanism provided for in Chapter 1 of the Labor Code of the Russian Federation, designed to exclude the possibility of establishing working conditions that are contrary to law. Thus, according to Article 9 of the Labor Code of the Russian Federation, collective agreements, agreements, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, they cannot be applied.

The unity of labor law is also ensured, as noted above, by one of the basic principles of labor law - the principle of equality. First, equality consists in the equality of all before the law. This constitutional principle, as Yu.P. Orlovsky, underlies labor personality, which is the same for all citizens, regardless of age, gender, nationality, race, physiological and other characteristics. Secondly, the principle of equality is reflected in the equality of the parties employment relationship manifested in the realization of the right to work by concluding an employment contract, establishing general order transfers to another job by agreement between the employee and the employer, and in other elements of the employment relationship, resolved in a contractual manner. Thirdly, equality, as a principle contributing to the unity of labor law, is also provided by the general grounds for the emergence, change and termination of labor relations.

The unity of labor law is ensured, among other things, by differentiated regulation. "Differentiation, if determined by objective criteria, promotes unity, but the establishment of the limits of this differentiation is required."

Differentiation of labor law is understood as differences in legal norms due to the place, working conditions, legal status of the organization with which the employee has an employment relationship, gender and age characteristics of the employee and other factors.

Differentiation is manifested in legislation, where there are norms with a comprehensive scope and norms, the effect of which is limited to a certain circle of persons or a certain circle of relations. The Labor Code of the Russian Federation, which is a clear evidence of the unity of labor law, also reflects the differentiation of the legal regulation of labor.

In particular, the presence in the Labor Code of the Russian Federation of legal norms that establish exceptions from general regulation by introducing additional means of legal influence, on the one hand, and the non-distribution of certain provisions of the Code to certain categories of workers, on the other, allow us to say that the unity of labor legislation is inextricably linked with its differentiation.

At the same time, the procedure for establishing such differentiation is determined by the sectoral codified regulatory legal act (that is, the Labor Code of the Russian Federation), which again manifests the unity of the legal regulation of the labor of workers. In other words, the Labor Code of the Russian Federation establishes the possibility of establishing differentiation in the legal regulation of the labor of certain categories of workers, including part-time workers. So, according to part 5 of article 11 of the Labor Code of the Russian Federation, the specifics of the legal regulation of the labor of certain categories of workers (heads of organizations, persons working part-time, women, persons with family responsibilities, youth and others) are established in accordance with this Code. At the same time, Article 252 “The grounds and procedure for establishing the features of labor regulation” of Chapter 40 “ General provisions» Section XII “Peculiarities of regulation of labor of certain categories of workers” of the Labor Code of the Russian Federation (as amended by the Federal Law of June 30, 2006 No. 90-FZ “On Amendments to the Labor Code of the Russian Federation, Recognition of Certain Normative Legal Acts of the USSR as invalid on the territory of the Russian Federation and invalidated some legislative acts (provisions of legislative acts) of the Russian Federation”) specifies the provisions of part 5 of the above article 11 of the Labor Code of the Russian Federation. In particular, Article 252 of the Labor Code of the Russian Federation determines that the features of labor regulation in connection with the nature and working conditions, the psychophysiological characteristics of the body, natural and climatic conditions, the presence of family responsibilities, as well as other grounds are established by labor legislation and other regulatory legal acts containing labor norms. law, collective agreements, agreements, local regulations.

At the same time, the peculiarities of labor regulation, which entail a decrease in the level of guarantees to employees, restriction of their rights, increase in their disciplinary and (or) liability, may be established exclusively by the Labor Code of the Russian Federation, or in the cases and in the manner provided for by it.

In the opinion of the author of the thesis, in this new edition article 252 of the Labor Code of the Russian Federation, the legislator partially took into account the proposal of L.A. Pedchenko, expressed by her in the previously mentioned dissertation, about the inappropriateness of duplicating one legal norm in different sections of the Labor Code of the Russian Federation (it was, in fact, about repeating the content of part 5 of Article 11 in the content of Article 252 of the Labor Code of the Russian Federation and she proposed to exclude Article 252 from the Labor Code of the Russian Federation) . However, the legislator, seeing this duplication, did not exclude Article 252 from the Labor Code of the Russian Federation, but outlined the grounds and procedure for establishing the features of labor regulation of certain categories of workers in this article in a different edition; and, according to the author of the thesis, is clearly more qualified.

If we continue to talk about part-time workers more specifically, then an example of the differentiation of the legal regulation of their work is the above-mentioned chapter 44 of the Labor Code of the Russian Federation “Peculiarities of regulating the labor of persons working part-time”. However, the differentiation of the legal regulation of the labor of part-time workers cannot be reduced only to this chapter. The norms devoted to the peculiarities of the work of part-time workers are also reflected in other chapters of the Labor Code of the Russian Federation - along with the general norms that apply to all workers. Thus, the newly introduced article 60.1 “Part-time work” of the Labor Code of the Russian Federation indicates the right of an employee to work part-time and notes that the specifics of regulating the labor of persons working part-time are determined by Chapter 44 of the Labor Code of the Russian Federation. Article 59 "Fixed-term employment contract" of the Labor Code of the Russian Federation contains a rule according to which a fixed-term employment contract, by agreement of the parties, can be concluded with persons working part-time. On the basis of Article 66 "Labor Book" of the Labor Code of the Russian Federation, at the request of the employee (precisely and only at will - the author's note), information about part-time work is entered in the work book at the main place of work on the basis of a document confirming part-time work. The Labor Code of the Russian Federation also has Article 276 “The work of the head of the organization in combination”, the content of which will be discussed below.

Thus, based on the provisions of the updated Labor Code of the Russian Federation (in particular, the new version of Article 252), it should be indicated that the general basis for the differentiation of the legal regulation of the work of part-time workers is, in the opinion of the author of the thesis, the nature and conditions of their work, which should be considered special; because part-time workers objectively work more during the day, rest less, often work in different teams, even during one working day, which clearly affects their psychophysiological state. There is also whole line other signs indicating the special nature and working conditions of part-time workers.

At the same time, along with this general basis, there are a number of other grounds for differentiating the legal regulation of the labor of part-time workers (not directly indicated in the law), namely: the special nature of the legal relationship between the part-time worker and the employer, the part-time worker's belonging to a certain sector of the economy, personal characteristics of a part-time worker, a territorial sign of his labor activity; and so on.

Summing up this paragraph, and completing the analysis of the problem of differentiation of the legal regulation of the labor of part-time workers, we can conclude that there are two trends: the trend towards unity and the development of differentiation of the legal regulation of the labor of part-time workers. Confirmation of the existence of the first trend is the establishment of uniform basic principles of legal regulation of labor relations both for persons working at their main place of work and for part-time workers. An example of the second trend is the presence of peculiarities in the regulation of part-time work of pedagogical, medical and pharmaceutical workers, as well as cultural workers (this will be discussed below).

employment contract legislation part-time job

§ 1.2 History of the development of legislation on part-time employment

A retrospective analysis of the normative material that regulated part-time employment at different stages of the development of the Russian economy makes it possible to better understand the economic and social entity part-time jobs, to learn the methods of providing personnel for the organization on its basis, to designate the legal constructions used in the regulation of the labor of part-time workers. Thus, one of the documents of the 1950s on part-time work - Decree of the Council of Ministers of the USSR dated December 10, 1959 No. 1367 “On the restriction of part-time employment” legally limited access to part-time work for a significant contingent of workers and consolidated a selective approach to the organization of work of part-time workers. At the same time, part-time employment was defined as a temporary measure for an employee to occupy another paid position, which was allowed on an exceptional basis and was allowed only to persons "with extensive experience and high qualifications, provided that it is not possible to replace a vacant position with an employee of appropriate qualification who is not employed in another job" .

The prohibitive bias taken by the legislation on part-time employment concerned many workers. It was forbidden, for example, to work part-time in institutions, enterprises and organizations subordinate or controlled by each other; scientific and executive employees of research institutions - in other research institutions and in research departments (sectors) of higher educational institutions; it was allowed to manage a department, laboratory, department, sector in only one institution. Part-time work was allowed with the written permission of the heads of both interested institutions, enterprises and organizations (meaning external part-time work), agreed with higher-level organizations by subordination, the relevant trade union committees for the main and combined work. At the same time, the employer of the part-time job was obliged to inform the administration at the place of the main job of information about the position (work) to which the part-time job was enrolled, about the earnings he received (remuneration conditions), as well as about all subsequent changes related to the passage of part-time work.

Remuneration for work in a combined position was made on the basis of the salary (rate) established for this position in proportion to the actual workload, but not more than half of the full salary (rate) established for the combined position (work). When a part-time worker performed piece work, payment was made according to actual output. The payment of wages for two positions in the same organization was prohibited. Persons who were allowed to take part in work time, payment at the main place of work for hours of permitted part-time work was not made. Leave for combined work was granted simultaneously with leave for the main one, however, payment for leave or compensation for unused vacation on combined work were not performed. Persons working part-time did not use the benefits established for the main workers.

Thus, the main idea of ​​the legislator was initially aimed at restricting multiple jobs in principle. The regulations of that time emphasized that part-time work: a) is a temporary measure in the organization of social labor; b) is allowed as an exception; c) concerns a relatively narrow circle of employees; d) requires a certain procedure for registration and accounting; e) involves mandatory control over the combined work and its payment.

There were a sufficient number of reasons for limiting part-time work: saving Money; reserving vacancies for future workforce; zealous attitude to the work of a person in a “second” position; and others.

The general ban on multiple jobs had a negative impact, in particular, on the development of science, because access to the production of scientific personnel, employed mainly in research institutes, was blocked. As a result, scientific ideas and solutions were promoted to production for a long time, their implementation was unreasonably delayed, and sometimes blocked by formal bureaucratic circumstances associated with the registration of part-time jobs. Therefore, in the interests of scientific and technological progress, laws were adopted that weaken the rigid framework of part-time jobs and expand the circle of scientists involved in part-time work.

In the literature and in practice, more and more often proposals were made to abandon the view of part-time employment as an "evil" that must be fought. Proposals were put forward to develop a single consolidated act on part-time work, which was supposed to eliminate the multiplicity of conflicting regulatory decisions on this issue, to eliminate the inconsistency of legal means of regulating the work of part-time workers.

In the early 80s, an experiment began to expand the scope of part-time work, which provided for the legal regulation of part-time relations in the face of a shortage of personnel and mitigation of the process of wide release of labor force that had begun. The experiment was supposed to answer the question: does part-time work entail a deterioration in the attitude of the employee to the main job? Opponents of the expansion of part-time work believed that everyone should work well at their main workplace, and ensure the need for additional work (part-time work) by combining professions and positions - a kind of antipode of part-time work. At the same time, the emphasis was on such types of combination as the expansion of service areas and an increase in the volume of work performed, which was understood as the performance, along with one's main job, due to an employment contract, of an additional amount of work in the same profession or position within the normal working hours. .

Part-time employment, in most cases, was still considered as an undesirable phenomenon in the organization of labor. For many formal-bureaucratic obstacles remained in its application; it was required, in particular, to keep: a) accounting of the main and additional working hours, main and extra income; b) the regime for granting holidays; c) tracking the categories of employees not allowed to hold part-time jobs; d) execution of other numerous documents for permission to work part-time; And so on.

At that time, the following was already considered a successful solution to the problem of part-time employment - providing a solution to the issue of part-time employment by the participants in labor relations - employers, employees.

So, as the analysis showed, the institution of part-time work has been known to Russian labor law not so long ago, but, of course, with the adoption of the new Labor Code of the Russian Federation, the norms on part-time work have been significantly developed, since for the first time in a normative act of such a level as the Labor Code of the Russian Federation, the norms regulating work on part-time.

Considering the fact that a number of normative acts regulating the combination of professions (positions) were adopted long before the entry into force of the Labor Code of the Russian Federation, in practice there were justified claims of workers about the inconsistency of their individual provisions with the norms of the current labor law.

Thus, at the beginning of 2003, the Supreme Court of the Russian Federation repeatedly appealed to the provisions of the current legislation on the combination of positions by employees from among the heads of organizations, their deputies and assistants, heads structural divisions, departments, shops, services and their deputies. We are talking about the initially not very successful decision of the Supreme Court of the Russian Federation of January 21, 2003 No. GKPI 02-1359, which was later corrected by the Determination of the Cassation Board of the Supreme Court of the Russian Federation of March 25, 2003 No. KAS 03-90 “On the abolition of decision of the Supreme Court of the Russian Federation dated January 21, 2003 No. GKPI 02-1359”. The crux of the matter is that a certain citizen Poniatovsky A.V. applied to the Supreme Court of the Russian Federation with a request to recognize subparagraph “a” of paragraph 15 of the Decree of the Council of Ministers of the USSR of December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” as not complying with the federal law, in the part prohibiting the combination of heads of structural divisions , departments, workshops, services and their deputies, pointing out that the provision of the normative legal act disputed by him contradicts articles 2, 3, 5 of the Labor Code of the Russian Federation, violates his right to freely dispose of his abilities for work, to choose his occupation and profession. Ultimately, the Cassation Collegium of the Supreme Court of the Russian Federation, in its Ruling, in connection with this case, indicated that the federal law establishing the requirements that determine the restriction of the right of heads of structural divisions, departments, workshops, services and their deputies to combine professions (positions) , not available. Moreover, such a restriction cannot be considered as due to the state's special concern for the named persons. Therefore, the contested norm of the Decree of the Council of Ministers of the USSR in the existing edition, which limited the right of heads of structural subdivisions, departments, workshops, services and their deputies to combine professions (positions), was recognized as contrary to the norms of the Labor Code of the Russian Federation, violating the rights and legally protected interests of this category of workers, and therefore declared invalid.

Thus, the norms of the “old” labor legislation are gradually recognized as invalid. In particular, the result of this particular case considered was the recognition of the possibility of combining professions (positions) for heads of divisions, workshops, departments, services and their deputies.

At present, the main legislative act regulating the work of an employee in combination and combination is, as already mentioned above, precisely the Labor Code of the Russian Federation, which entered into force on February 1, 2002. However, labor legislation does not stand still, the realities of today require periodic revision of certain norms of labor law, the need to improve them. Therefore, in the Labor Code of the Russian Federation, the above-named Federal Law of June 30, 2006 No. 90-FZ, which entered into force on October 6, 2006, along with numerous others, were introduced, along with numerous others, two new fundamentally important articles - 60.1 and 60.2, which are devoted to part-time employment and combination of professions (positions), respectively. Article 60.1 of the Labor Code of the Russian Federation, which is purely devoted to part-time employment, has already been partially discussed above.

As for the combination of professions (positions), earlier in the Labor Code of the Russian Federation this concept was only briefly mentioned in Article 151 of the Labor Code of the Russian Federation, which regulated the procedure for remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee. The procedure and conditions for combining professions (positions) were described in Decree of the Council of Ministers of the USSR dated December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” and in the joint Instruction of the All-Union Central Council of Trade Unions, the USSR Ministry of Finance and the USSR State Labor Committee of May 14 explaining it 1982 No. 53-VL.

Modern norms on combination and combination can be called more democratic. For example, now labor legislation allows an employee to conclude labor contracts in combination with an unlimited number of employers, unless otherwise provided by the Labor Code of the Russian Federation or other federal law.

The additional payment for combining professions (positions) was previously rigidly charged, but now the parties can resolve this issue by agreement; and so on.

§ 1.3 The essence and concept of combination

On present stage, when part-time employment as a legal category received a legislative embodiment and became an integral part of Part IV “Peculiarities of regulation of labor of certain categories of workers” of the Labor Code of the Russian Federation in the form of a separate, already mentioned above, chapter 44 of the Labor Code of the Russian Federation, it becomes necessary to take a closer look at this institution of labor law with taking into account its new quality and those objective requirements that modern forms of labor organization impose on part-time work, and, in a discussion manner, consider possible directions for the further development of this institution of labor law.

In the legal literature, the concepts of combination and combination are sometimes confused. Meanwhile, it's completely different legal categories. Despite external similarities, these forms of labor organization differ significantly from each other.

Let's give definitions of combination and combination as legal categories.

The logical interpretation of Article 151 of the Labor Code of the Russian Federation allows us to conclude that combination is the performance by an employee of the same employer, along with his main job, stipulated by an employment contract, additional work in another or the same profession (position) or the performance of the duty of a temporarily absent employee without exemption from work determined by the employment contract. The performance by an employee of additional work in the same profession (position) is considered as an expansion of service areas or an increase in the volume of work performed. Examples of combining professions (positions) can be given: a) the main specialty of an employee is a bricklayer, but he can combine it with the specialty of a plasterer on his working day, and the employer instructs him to do this; b) the typist performs printed works during the working day and, at the same time, on behalf of the employer, acts as a secretary.

A similar definition was contained in the above-mentioned Decree of the Council of Ministers of the USSR dated December 4, 1981 No. 1145: “combining professions (positions) is the performance by an employee, along with his main job, stipulated by an employment contract, additional work in another or the same profession ( positions), and the performance of the duties of a temporarily absent employee, without being released from his main job.

It should be noted here that since workers are assigned a profession, and managers, specialists and employees occupy certain positions, in relation to workers we are talking about combining professions, in relation to other categories of workers - about combining positions if it is carried out within the same category.

As noted in the Decree of the Council of Ministers of the USSR, the combination of professions (positions) is allowed, as a rule, within the category of personnel to which the employee belongs (workers, engineers and technicians, employees, and others).

The official definition of part-time employment is given in Article 282 of the Labor Code of the Russian Federation: “part-time employment is the performance by an employee of another regular paid job on the terms of an employment contract in his spare time from his main job.” As can be seen from the above concepts, both combination and part-time work are, firstly, a form of labor organization.

Secondly, both combination and part-time work involve the performance of labor by the employee along with his main job. In this regard, the definition of the main work becomes important. The main work is understood as the work stipulated by the employment contract. The provision that the employee performs work along with his main job implies additional, along with the main, work.

Thirdly, as the analysis of the provisions of the Labor Code of the Russian Federation shows, both combination and part-time work are work on the personal initiative of the employee.

And now a special article 60.2 has appeared in the Labor Code of the Russian Federation (it was already mentioned above), which contains provisions on combining professions (positions). Note that in many respects this article duplicates the norms of the above acts. According to Article 60.2 of the Labor Code of the Russian Federation, an employee, with his written consent, may be assigned additional work. This work must be performed for additional pay during the established working hours, along with the work specified in the employment contract. As a rule, in order to characterize any additional work, the general term "combination" is used. However, in accordance with Article 60.2 of the Labor Code of the Russian Federation, three types of such work must be distinguished.

The first type is the actual combination of professions (positions). The employee is entrusted with additional work in another profession (position).

The second type is the expansion of service areas or an increase in the scope of work. Additional work is entrusted to an employee in the same profession (position) as his.

And, finally, the third type is the performance of the duties of a temporarily absent employee without exemption from the main job determined by the employment contract. Additional work is entrusted both for the same as that of the employee, and for another profession (position).

The combination of professions (positions), the expansion of service areas and the increase in the volume of work, the performance of the duties of a temporarily absent employee are always carried out for an additional payment, the amount of which is established by agreement between the employee and the employer. The amount of the surcharge is affected by the content and (or) scope of work. So it is said in the new edition of Article 151 of the Labor Code of the Russian Federation.

The term of additional work, its content and volume are established by the employer. But only with the written consent of the employee. In this case, the employee has the right to prematurely refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule. In this case, the parties must notify each other in writing no later than three working days in advance. Previously, this responsibility was only with the employer. He had to report planned changes in additional work at least a month in advance.

How to arrange a combination? Combining is additional work for additional payment. This means that the initial terms of the employment contract on the labor function and on remuneration for the period while the combination lasts will change. According to the new wording of Article 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties can only be formalized by a written agreement. In addition, according to Article 60.2 of the Labor Code of the Russian Federation, it is possible to entrust an employee with additional work only with his written consent.

Therefore, if an employee is entrusted with additional work, then you must first obtain from him a written statement of consent to perform this work, issue an order or instruction and sign an additional agreement with the employee to the employment contract.

In contrast to the “combination”, which is carried out within the framework of the employee’s main working time, “part-time employment”, as noted above, is the performance of another regular paid job in his free time from the main job; that is, in the case of “part-time work”, the employee, having worked out the necessary working hours at the main job, then performs other work outside of it (part-time).

Currently, a clear delineation of part-time work has been introduced. According to Article 60.1 of the Labor Code of the Russian Federation mentioned above, it is divided into internal and external. Internal part-time work is considered to be work for the same employer, and external part-time work for another. However, there was a similar division before, but it was not so clear.

Internal combination is similar to combination. Therefore, it is necessary to distinguish between these concepts.

Firstly, with internal combination, in contrast to combination, an independent labor contract is required; regardless of the fact that the employee continues to work in the same organization, relationships are built with the same employer. Combination also requires documentation. However, it is not necessary to conclude a separate employment contract when combining.

Secondly, part-time work means working in your free time from your main job. While the combination is additional work within the limits of the employee's working hours. This basic difference between combination and combination has already been emphasized above.

And, thirdly, part-time work is a regular job. A combination - as a rule, a temporary addition to the main work.

For example, if the manager of the direct sales department, in addition to his duties, performs the functions of a temporarily absent employee in the same position, this is considered a combination. It is necessary to issue an order (instruction) and conclude a written agreement with the employee. And if Chief Accountant is also the head of the personnel department, this is an internal part-time job. In this case, you will need to conclude two employment contracts - for each of the positions. At the same time, the number of employment contracts concluded by a part-time worker is not limited.

Fundamental moment. Internal part-time employment is not possible in the same position, profession or specialty as in the main job. For example, an employment contract cannot be concluded with an accountant on the performance of work on vacant position an accountant in the same organization, in his spare time from his main job. Work performed for the same employer and in the same position is overtime or work on a weekend or holiday and must be paid at an increased rate (Articles 152 and 153 of the Labor Code of the Russian Federation). In all likelihood, this restriction is intended to stop the practice of using the labor of workers outside the normal working hours (overtime work) under the guise of part-time jobs without increased pay established by law.

The fact is that in the period until October 6, 2006, Article 98 of the Labor Code of the Russian Federation was in force, which clearly prohibited internal part-time employment in a similar position, profession or specialty. With the introduction of amendments and additions to the Labor Code of the Russian Federation by Federal Law No. 90-FZ of June 30, 2006, this article became invalid; on the other hand, the already repeatedly cited article 60.1 of the Labor Code of the Russian Federation appeared. There seems to be some uncertainty in this matter.

And immediately there appeared, during the second half of 2006 and in 2007, a mass of publications, even comments on the Labor Code of the Russian Federation, in which the authors began to assert that for internal combination, in connection with the abolition of Article 98 of the Labor Code of the Russian Federation, all restrictions were lifted. According to the content, they say, it has become similar to the external one.

And only at the end of 2007 and in 2008 more balanced comments of a different nature began to appear, including explanations by officials of the federal labor inspectorate, how in fact the meaning of Article 60.1 of the Labor Code of the Russian Federation should be understood in relation to internal multiple jobs, in its systemic connection with articles 72.1, 152 and 153 of the Labor Code of the Russian Federation. The essence of these explanations is that another job on the terms of internal combination with the same employer is precisely a job that is different in content, that is, work with a different labor function, which in no case should be confused with overtime work .. The truth, as it were here triumphed; but here changes made in the Labor Code of the Russian Federation in 2006 on internal part-time employment, probably, cannot be considered too successful if they caused such opposite opinions even among highly qualified lawyers.

The institute is secondary, because the legal norms that make up it are provided for regulating the labor of only a certain category of workers and should not be contained in Part III of the Labor Code of the Russian Federation, which contains legal norms regulating the labor of persons employed in the main job. The complexity of the institution is due to the fact that it is formed by norms that, by their legal nature, relate to different primary institutions (employment contract, working hours, rest time, wages, and so on).

The main features of part-time work are the following legal provisions: a) an employment contract for part-time work is concluded by a person who is already in labor relations with the same or another employer; b) the performance of work is carried out on the terms of an independent labor contract; c) the work is performed in free time from the main work.

Such signs of part-time work, as remuneration and regularity of work, are a consequence of the fact that part-time work is work on the terms of an independent labor contract. In this regard, L.A. Pedchenko proposes the following definition: “part-time employment is the performance by an employee on the terms of an independent labor contract in his free time from his main job of another regular paid job.”

And although the legislator, when adopting the updated Labor Code of the Russian Federation on June 30, 2006, did not take into account this proposal, retaining the concept of part-time employment in the Code in the previous version, nevertheless, this proposal is still relevant today, because, in the opinion of the author of the thesis, it most specifically reflects the legal the nature of partnership.

The main feature by which part-time work is distinguished from overtime work should be recognized not by the fact on whose initiative the work is performed, but by the fact that part-time work is carried out on the terms of an independent labor contract and, as a result, is permanent (systematic) character. While overtime work is episodic.

According to some researchers, part-time work is not part-time work, although under a second employment contract, but while the employee is on vacation at the main job. The fact is that the employee during this period does not fulfill labor duties under the first employment contract. The correct solution of this issue is of particular relevance today, in the context of the growing economic crisis, rising unemployment, primarily for people on leave without pay for their main job.

According to the author of the thesis, such a somewhat non-standard situation is precisely part-time work, because even while on vacation at the main job, the employee continues to be in labor relations with his “main” employer, received the so-called “vacation pay” when he left for vacation ”, for which the employer pays the unified social tax and other insurance payments. Therefore, there should be no doubts and hesitations here.

CHAPTER II. FEATURES OF THE WORK OF PART-TIME WORKERS

§ 2.1 The procedure for concluding and the content of the employment contract

The procedure for concluding a part-time employment contract is subject to the general rules of the Labor Code of the Russian Federation.

So, before signing the employment contract, the part-time worker must be familiarized with the internal labor regulations, other local regulations that directly relate to his activities, as well as with the collective agreement. This must be done by signature.

In addition, when hiring, a part-time worker must undergo an introductory briefing, an initial briefing at the workplace and, subsequently, repeated briefings on labor protection; and, if necessary, unscheduled and targeted briefings. This is the requirement of the Procedure for training in labor protection and testing knowledge of the labor protection requirements of employees of organizations, approved by a joint resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29.

The employment contract, of course, must be concluded in writing. With a part-time job, as with any employee, a written employment contract is concluded, in which all the mandatory information of an informational nature and the conditions provided for in Article 57 of the Labor Code of the Russian Federation (both mandatory and additional) are entered.

Fundamental moment. In accordance with Part 4 of Article 282 of the Labor Code of the Russian Federation, an employment contract for part-time work must necessarily indicate that the work is part-time. Such a requirement is more than justified, since the employer must know that the employee is already employed in another job, and thereby respect his rights, based on the rules of the part-time institution.

In addition, part 5 of this article of the Labor Code of the Russian Federation prohibits part-time work for persons under the age of 18 years. Every possible employer must know about this, looking into the passport of a potential part-time job.

Further. An employment contract with a part-time worker is concluded for an indefinite period or for a period not exceeding five years. The conclusion of a fixed-term employment contract with a part-time worker from October 6, 2006 is allowed without taking into account the nature of the work to be done or the conditions for its implementation, as follows from the content of Articles 58 and 59 of the Labor Code of the Russian Federation. The main thing here is the agreement of the parties.

This short story of the Labor Code of the Russian Federation - on the possibility of establishing the urgent nature of an employment contract for part-time work (by agreement of the parties) - raises doubts about the existence of sufficient grounds for this. The science of labor law does not dispute the fact that with an employee, according to general rule must be an employment contract for an indefinite period. Therefore, in the opinion of the author of the thesis work, the norm of the law that provides the employer with the opportunity, upon reaching an agreement with a potential part-time job, to limit the term of the employment contract for part-time work without any specific reasons, is actually discriminatory, because the reason for setting the term is this case is not the urgency of the work itself, but the fact that it is performed on a part-time basis. In this regard, one should agree with L.A. Pedchenko, who believes that the limitation of the term of an employment contract on part-time work, that is, the conclusion of a fixed-term employment contract with a part-time job, even by agreement of the parties (and which employee, if he wants to get a part-time job, will refuse to sign a fixed-term employment contract by agreement of the parties, if the employer insists on this?) should take place only in cases where the work for which the part-time worker is accepted is really urgent or the legislation establishes limits on its duration.

It should be noted that fixed-term employment contracts can only be concluded with newly hired employees. If an agreement is concluded with the “old” part-time worker for an indefinite period, then it cannot be re-registered for a fixed-term employment contract.

Article 283 of the Labor Code of the Russian Federation contains an exhaustive list of documents to be presented when applying for a job in the order of external part-time employment. 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 and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work.

As a general rule, the employer does not have the right to demand other documents from the part-time worker. The fact is that with regard to part-time workers, Article 65 of the Labor Code of the Russian Federation, which lists the documents that an employee submits during employment, does not apply. At the same time, in order, for example, to enumerate correctly insurance premiums for compulsory pension insurance, the employer may ask the part-time worker for an insurance certificate of state pension insurance.

The employer is not entitled to demand a work book from a part-time worker. It is kept by the main employer. By the way, by law, an employee is not at all obliged to provide the employer with information confirming that he has a main job.

Thus, in the case of external part-time employment, the employer should rely only on the words of the employee himself, since the employee is not required to submit a certificate from the main place of work.

If in the future it turns out that the employee does not have a main place of work, then, according to the author of the thesis, the nature of the relationship between the parties should not change. The employee will remain a part-time worker with all the ensuing consequences. However, such an employee may well be dismissed in connection with the employment of a person for whom this work will become the main one.

The only exception is the case when a part-time worker enters hard work, work with harmful and (or) dangerous working conditions.

If part-time work belongs to one of the specified categories, then the external part-time worker must submit a certificate from the main place of work on the conditions and nature of the work. After all, according to Article 282 of the Labor Code of the Russian Federation, a part-time worker cannot be accepted for hard work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same working conditions.

But for employees whose work is directly related to driving vehicles or traffic control Vehicle, in accordance with the provisions of Article 329 of the Labor Code of the Russian Federation, part-time work directly related to driving vehicles or driving traffic is not allowed at all. The list of jobs, professions, positions directly related to driving vehicles or managing the movement of vehicles was approved by Decree of the Government of the Russian Federation dated January 19, 2008 No. 16.

It should be noted that the latest labor legislation partially removed certain issues of limiting part-time employment, but gave rise to other problems. In particular, one of the restrictions on part-time work is a ban on an employee from working in hard work and work with harmful and (or) dangerous working conditions part-time (as already discussed above), if he already performs such work at his main place of work. This is a perfectly fair limitation. However, to track such information, the legislator did not find any other way, how he “laid” into the law the requirement to present, when employed part-time for hard work, or work with harmful and (or) dangerous working conditions, a “certificate on the nature and working conditions at the main place of work” , which is a kind of tribute to the archaic system of labor organization and management of labor processes that operated in the recent past. The introduction of such a certificate does not save even the noble idea of ​​\u200b\u200bprotecting the health of an employee, because in our conditions, obtaining almost any certificate for a citizen, if he really needs it, is a very simple matter (it is no coincidence that so much is being said in the country now about the fight against corruption, but the truth is, more few concrete measures are taken to counteract this negative phenomenon). In this case, other, more effective, control measures are probably needed, including, apparently, using the latest information technologies yet to be implemented in the field of labor management.

In general, it must be emphasized that gradually various far-fetched restrictions for part-time work and for persons performing such work lose their force.

So, as a general rule, no permits are required for entering a job in the order of external part-time work, with some exceptions.

The first situation is when the head of the organization decided to earn extra money “on the side”. In this case, he must obtain the consent of the authorized body legal entity or the owner of the property of the organization, or a person (body) authorized by the owner. However, such consent must be obtained only if the manager is going to work for money. For unpaid work based on charitable or any other motives, the manager does not need to obtain permission. The second situation that is relevant for small and medium-sized businesses is when its head also combines a number of positions in itself, for example, the position of his deputy, chief accountant, or someone else. At the same time, it is necessary to remember about the restriction in this area provided for by labor legislation, which consists in the fact that the head of the organization cannot be a member of the bodies exercising supervision functions.<#"justify">CONCLUSION

In conclusion, we summarize the results of the study.

Using the example of part-time employment in labor legislation, one can clearly trace the solution to the problem of ensuring unity and differentiation in labor law. In the thesis this question considered in sufficient detail.

Part-time employment is the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. The main features of part-time employment include the following features: a) an employment contract for part-time work is concluded by a person who is already in labor relations with the same or another employer; b) the performance of work is carried out on the terms of an independent labor contract; c) the work is performed in free time from the main work. Such signs of part-time work, as remuneration and regularity of work, are a consequence of the fact that part-time work is work on the terms of an independent labor contract.

Part-time employment should be distinguished from combination, which is understood in labor law as the fulfillment by an employee of the same restrictions for the employee to work during that period of the profession (position) or the performance of the duties of a temporarily absent employee without being released from his main job.

The main difference between part-time work and combination is that in the first form of labor organization (part-time work), work is carried out outside the normal working hours and on the terms of an independent labor contract, and in the second form (combination), additional work is carried out within the normal working hours of consent worker.

Distinguish between internal and external combination. In case of internal combination, the employee works for the same employer with whom he has concluded the main employment contract, but, as a general rule, performing a different labor function. In case of external part-time work, the employee works in his spare time from his main job for another employer in any position (profession) or specialty.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. At the same time, the employment contract must indicate that this work is part-time.

The Labor Code of the Russian Federation does not allow part-time work of persons under the age of 18, as well as heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Labor Code of the Russian Federation and other federal laws.

As for the peculiarities of regulating part-time work of certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), the Labor Code of the Russian Federation determines that they can also be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social labor relations. At present, these features are defined in the Decree of the Government of the Russian Federation of April 4, 2003 No. 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" and the Decree of the Ministry of Labor of Russia of June 30, 2003 No. 41 "On the features part-time work of pedagogical, medical, pharmaceutical workers and cultural workers.

In the Labor Code of the Russian Federation for the first time in recent history included a separate chapter No. 44 entitled "Peculiarities of labor regulation of persons working part-time". Apart from general issues about part-time work, described in paragraphs 2-3 of the conclusion of the thesis, this chapter also defines: a) features of registration for the work of part-time workers; b) the duration of their working hours; c) the peculiarities of remuneration of their labor, granting them vacations, as well as guarantees and compensations. In addition, this chapter establishes an additional ground for termination of an employment contract with persons working part-time, according to which 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 be the main one.

Based on the results of the study, the author of the thesis advocates the removal of unnecessary restrictions on the work of an employee during the period of time that is free for him from performing his main job, as well as for expanding the capabilities of the employee and further simplifying the procedure for him in employment on the terms of external part-time employment .

It is also meaningful to conduct a social and legal experiment in the field of organizing the work of part-time workers in a separate production (industry) or region of the country in order to test the effectiveness of the restrictions and prohibitions applied by labor legislation on part-time work.

LIST OF USED SOURCES

Normative legal acts:

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.The Code of Labor Laws of the Russian Federation, approved by the Supreme Council of the RSFSR on December 9, 1971 (as amended on July 10, 2001, as amended on January 24, 2002) // was not published in the latest edition. Lost force on February 1, 2002 due to the entry into force of the adopted Labor Code of the Russian Federation;

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.Federal Law of January 8, 1998 No. 8-FZ “On the Fundamentals of Municipal Service in the Russian Federation” // SZ RF. 1998. No. 2. Art. 224. Lost force on July 1, 2007 due to the entry into force of Federal Law No. 25-FZ of March 2, 2007 “On Municipal Service in the Russian Federation”;

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.Decision of the Supreme Court of the Russian Federation of October 3, 2001 No. GKPI 2001-1173 // Bulletin of the Ministry of Labor of Russia, 2002, No. 2;

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.Decree of the Federal Antimonopoly Service of the North-Western District of May 2, 2006 No. А56-18935/2005 // was not published; see SPS Consultant Plus;

.Decree of the Government of the Russian Federation of November 12, 2002 No. 813 “On the duration of part-time work in healthcare organizations medical workers living and working in countryside and urban-type settlements” // SZ RF. 2002. No. 46. Art. 4595;

.Decree of the Government of the Russian Federation of April 4, 2003 No. 197 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers” // SZ RF. 2003. No. 15. Art. 1368;

.Decree of the Government of the Russian Federation of June 15, 2007 No. 375 “On Approval of the Regulations on the Features of the Procedure for Calculating Benefits for Temporary Disability, Maternity and Childbirth of Citizens Subject to Compulsory Social Insurance” // SZ RF. 2007. No. 25. Art. 3042;

.Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the peculiarities of the procedure for calculating the average wage” // SZ RF. 2007. No. 53. Art. 6618;

.Decree of the Government of the Russian Federation of 19.01.2008 No. 16 “On Approval of the List of Works, Professions, Positions Directly Related to Driving Vehicles or Vehicle Traffic Control” // SZ RF. 2008. No. 4. Art. 268;

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part-time it is recognized that the employee, in his spare time from his main job, performs another permanently paid job with the same or another employer on the terms of an employment contract (Article 343 of the Labor Code).

Compatibility features are:

1) the presence of a part-time employee of the main labor relationship, in relation to which part-time work will be additional. The secondary importance of part-time work is directly confirmed by the requirement of the legislation on its implementation in free time from the main job. The priority of the main, or, as the Labor Code calls it, the main labor connection is indirectly confirmed by the existence of an additional reason for the dismissal of such a category of workers. In accordance with Art. 350 of the Labor Code an employment contract with a part-time worker in addition to the grounds provided for by the Labor Code and others legislative acts, may be terminated in case of hiring an employee for whom this work will be the main one;

2) the implementation of part-time employment within the framework of an employment relationship. This feature is indicated by such legal requirements as the permanently paid nature of the work and its execution by an employment contract.

Legal regulation of the labor of persons working part-time is carried out both by general and special norms of labor legislation. Special legal regulation of the labor of part-time workers is carried out by a separate chapter of the Labor Code (Chapter 32), as well as other acts of legislation.

Establishing part-time opportunities for a wide range of employees, the Labor Code and other legislative acts at the same time provide for some restrictions.

These restrictions are:

1. In accordance with Part 1 of Art. 348 of the Labor Code is not allowed to engage in government organizations on the terms of combining two management positions, except for the positions of foremen and foremen, unless otherwise provided by law. The content of the above norm must be interpreted systematically, taking into account the content of Chapter 18 of the Labor Code, which regulates the characteristics of the work of the head of the organization. Article 255 of the Labor Code prohibits the head of an organization from performing any paid work on a part-time basis, except for teaching, scientific or other creative activities, as well as medical practice. Thus, the head of an organization of any organizational-legal form and form of ownership, including state ownership, is prohibited from any combination of jobs, with the exception of various kinds creative activity. Other persons who do not belong to the category of heads of the organization, but occupy a leading position, are prohibited from working part-time in positions that involve a similar function both in the same and in another state organization (except for the positions of foremen and foremen).

2. In accordance with Part 2 of Art. 348 of the Labor Code prohibits part-time work: a) persons under eighteen years of age; b) at work with harmful and (or) dangerous working conditions, if the legislation provides for a reduced working time for the main job and part-time work. This ban was established to protect the health of workers.

3. In accordance with Part 3 of Art. 348 of the Labor Code, when concurrently working in state organizations, joint work of relatives associated with the direct subordination and control of one of them to another is prohibited. Such a ban was established in order to limit abuses in the financial sector and is a development of the general rule on limiting the joint work of close relatives in state organizations, enshrined in Art. 27 TK.

4. In accordance with Part 4 of Art. 348 of the Labor Code, it is not allowed to accept concurrently to financially responsible positions persons convicted of acquisitive crimes, if the conviction is not expunged or extinguished in in due course(Articles 45, 47-49 of the Criminal Code), as well as those positions or activities that are prohibited by a court verdict for certain categories of citizens. This norm duplicates a similar general restriction in the conclusion of an employment contract. Since a position is financially responsible, the functions of which include the direct maintenance of commodity and monetary values: their reception, accounting, storage, maintenance, distribution, processing, sale, transportation, etc., not only professional, but also some personal qualities are evaluated an employee applying for such a job, for example, his reliability, decency and responsibility.

5. For certain categories of workers, restrictions on part-time employment are established by special legislation. In particular, in order to ensure the independence of civil servants and create preconditions for their maximum focus on state interests, the Law of the Republic of Belarus of June 14, 2003 “On public service in the Republic of Belarus” establishes a ban on performing part-time work for the specified category of workers (except for work in state organizations, in the manner and under the conditions established by labor legislation). In accordance with Art. 122 of the Banking Code, officials and specialists of banks are also prohibited from simultaneously holding managerial positions or working in other commercial organizations, as well as engage entrepreneurial activity, except for the implementation of teaching, scientific and creative activities in accordance with the legislative acts of the Republic of Belarus, etc.

Features of the legal status of a part-time worker are manifested in: the content and procedure for concluding an employment contract; determination of working hours; the procedure for granting labor holidays and the existence of an additional ground for termination of the employment contract.

As already noted, in relation to the regulation of the labor of persons working part-time, general and special norms of labor legislation apply. Therefore, a person wishing to conclude an employment contract for part-time work is obliged to present the documents, the list of which is established by Art. 26 TK. The work book is not presented, since it is with the main employer. In accordance with paragraph 6 of the Instruction on the procedure for maintaining work books employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated March 9, 1998 No. 30, as amended. and additionally, information about part-time work is recorded by the employer at the request of the employee at the place of his main job on the basis of a document confirming part-time work (a copy of the order of the employer for whom the employee works part-time).

In the content of the employment contract for part-time work, in addition to the mandatory and additional conditions provided for in Art. 19 of the Labor Code, it must be indicated that it is a part-time job. In addition, since part-time work is a mandatory requirement for part-time workers, the content of the employment contract should reflect its mode: type (part-time and / or part-time work week), duration within the accounting period, specific start and end times.

Due to the additional nature of the employment relationship arising from part-time employment, Art. 350 of the Labor Code provides an additional basis for terminating an employment contract with the corresponding category of employees. So, in addition to the grounds provided for by the Labor Code and other legislative acts, an employment contract with a part-time worker may be terminated if an employee is hired, for whom this work will be the main one.

Article 345 of the Labor Code establishes the maximum working hours of part-time workers. It cannot exceed half of the normal (full or reduced norm) working hours. At the same time, the normal duration of working hours for the profession, specialty or position in which part-time work will be carried out is taken as the initial basis for the calculation.

Just like other employees, part-time workers have the right to work holidays and guarantees for their provision. In accordance with Art. 347 of the Labor Code, labor leave for part-time workers is granted simultaneously with labor leave for the main job. If an employee has not worked at a part-time job for six months, then labor leave is provided in advance. If the duration of the employee's labor leave at a part-time job is less than the duration of the labor leave at the main place of work, the employer, at the request of the employee, provides him with social leave of the appropriate duration without pay.

Other guarantees associated with the provision of holidays are the preservation of the previous job and average earnings for the period of the holiday, the use of vacation in kind, annual provision vacations, ensuring the right to continuous leave, etc. - are reserved for part-time workers in full.

Social leave for part-time employees is granted on a general basis. At the same time, it should be taken into account that, in accordance with Art. 349 of the Labor Code, guarantees and compensations provided for employees combining work with training, including those consisting in the provision of social leave in connection with training, are provided only at the main place of work.

In accordance with Art. 48 of the Labor Code, severance pay is not paid to part-time workers.

Similar information.

Article 282 of the Labor Code of the Russian Federation defines part-time employment. Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

The conclusion of employment contracts for part-time work in accordance with the Labor Code of the Russian Federation is allowed 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 in other organizations (Article 282 of the Labor Code of the Russian Federation).

The employment contract must contain a mandatory indication that the work is part-time. However, in practice this rule is practically not applied.

Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by the Labor Code of the Russian Federation 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 the regulation of social labor relations (Article 282 of the Labor Code of the Russian Federation).

The length of working time on a part-time basis should not exceed four hours a day and sixteen hours a week. This limitation is more inherent in internal combination than external.

Remuneration of labor of persons working part-time. Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract (part 1 of article 285 of the Labor Code of the Russian Federation).

When establishing for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed (part 2 of article 285 of the Labor Code of the Russian Federation).

Persons working part-time in areas where regional coefficients and wage bonuses are established are paid taking into account these coefficients and bonuses (part 3 of article 285 of the Labor Code of the Russian Federation).

Vacation while working part-time. Persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then leave is granted in advance. If at a part-time job the duration of the employee’s annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him leave without pay of the corresponding duration (Article 286 of the Labor Code of the Russian Federation).

For some categories of employees, part-time employment, with the exception of scientific, teaching or creative activities, is prohibited. These categories include, for example, state and municipal employees, as well as lawyers.

ON THE. Alimova
Great HR guide

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract (TD) in his free time from his main job.

The conclusion of contracts is allowed with an unlimited number of employers.

both at the place of his main job and with other employers.

In the TD, it is obligatory to indicate that the work is a part-time job.

It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Civil Code and other Federal Laws.

When applying for a job concurrently with another employer, the employee is required to present a passport or other identification document. When applying for a job that requires special knowledge, the employer has the right to require the presentation of a diploma or other document on education or professional training or duly certified copies thereof, and when applying for hard work, work with harmful, dangerous conditions - a certificate of the nature and working conditions according to main place of work.

Working hours when working part-time, should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month, the duration of working hours when working part-time should not exceed half of the monthly norm of working hours established for the corresponding category of employees.

Such restrictions on the duration of working hours do not apply in cases where the employee at the main place of work has suspended work or been suspended from work.

Annual paid holidays granted at the same time as leave from the main job. If at work part-time

1) the employee has not worked for six months, then the leave is granted in advance.

2) the duration of the annual paid leave is less than at the main place of work, then the employer, at the request of the employee, grants him leave without pay for the corresponding duration.

Guarantees and compensation persons combining work with study, as well as persons working in the regions of the Far North and equated to them, are provided only at their main place of work.

Other guarantees and compensations are provided in full.

In addition to the grounds provided for by the Labor 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 the specified person in writing at least two weeks prior to termination of TD.

Combination. This is the performance by the employee, along with his main job, stipulated by the employment contract, of additional work in another profession (position) without being released from his main job during the established working day (shift). Perhaps only with the same employer. The consent of both parties is required - both the employee and the employer.

Written consent of the employee for the period, content, volume of additional work, order of the employer. The period during which the employee will perform additional work is set by the employer with the written consent of the employee. The work is performed during the established duration of the working day (shift) along with the work specified in the employment contract.

The employee has the right to prematurely refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.