Internal combination is allowed. Combination and combination: problems of legislative regulation and law enforcement practice. Nuances and limitations of work on combination and part-time work

Part-time work has become more and more popular in recent years. It is understandable. On the one hand, there is a clear shortage in the market qualified personnel, and on the other hand, the desire of employers to get a competent employee cheaper. Part-time work just makes it possible to fulfill these two desires. Labor legislation regulates part-time work quite superficially, which entails many questions.

Introductory information

First, let's define terminology. Very often two different forms of performance by an employee are confused additional responsibilities- Compatibility and combination. The main difference between them is whether an additional labor contract is drawn up with the employee. When combining this document, this document is not needed (an additional agreement to an existing contract is enough), and when combined, it is fundamental (Article 282 of the Labor Code of the Russian Federation).

There are other differences as well. So, combination is possible only within one organization, but part-time employment can be both internal and external. In addition, the employee performs work on a combination basis “in parallel” with his main job, that is, within the framework of “one” working time. Whereas part-time work involves working beyond the usual working day. That is why very strict conditions for the number of working hours are established for part-time jobs (Article 284 of the Labor Code of the Russian Federation).

So in some cases, it will probably be more profitable to register an employee precisely by combining - this will also reduce the number of personnel documents, and eliminate the need to carefully monitor the time spent on the second position. Yes, and restrictions on part-time work, such an approach can help to get around.

Prohibition of partnership

Let's dwell on the topic of prohibitions on part-time work in more detail. Speaking of this, it must be borne in mind that in most cases these prohibitions are actually relevant only for internal part-time jobs, that is, when a part-time contract is concluded with the same employer, which is the main one for the employee. The fact is that most of the prohibitions are related to the work already performed by the employee at the main place. And according to the rules for hiring part-time, an employee is not required to provide the employer with a work book or other information about his main job (with the exception of hiring for harmful and dangerous work when Article 283 of the Labor Code of the Russian Federation obliges to require a certificate from the employee). This means that the employer, with all the desire, will not be able to control the legality of the employee's employment.

However, in order to finally protect yourself from claims from regulatory authorities, when applying for external part-time workers, we recommend that you fill out an application for employment, a separate paragraph in which there will be an indication that the employee has no grounds that make part-time work impossible (directly listing all these conditions; see below for more on this). Accordingly, by putting his signature under such a statement, the employee relieves the organization of responsibility for his unlawful employment.

Part-time work book

By general rule, part-time work is not reflected in the work book. Indeed, according to Article 66 of the Labor Code of the Russian Federation, in order for a part-time record to be included in the work book, the employee must take the initiative. To do this, he must bring to his main employer an employment contract for part-time work and an employment order certified by the employer - "part-time job". In addition, he must write an application with a request to enter this information in the work book.

However, the very procedure for making such an entry in the legislation is spelled out very sparingly (the last paragraph of paragraph 3.1 of the Instruction, approved by the Decree of the Ministry of Labor of the Russian Federation of 10.10.03 No. 69). And the further fate of this record when an employee is dismissed from his main job is generally covered in fog. Therefore, we recommend that you make a part-time entry in the work book only if the employee really insists on this. And first, the employee must be explained that he may have problems with employment for another job, since upon dismissal from the main employer, the record of part-time work will not be “closed”.

Dismissal and change of status

With order of registration work book Closely related is another, perhaps the most significant, layer of issues related to changing the status of a part-time worker. Let's consider possible situations.

Situation 1. The part-time worker quit his job. The main question here is whether he can continue to work part-time in this case? The answer to it will be positive. The fact is that although the very definition of part-time work, given in Article 282 of the Labor Code of the Russian Federation, implies that the part-time worker also has a main job, such a reason for dismissing a part-time job is his dismissal from the main place of work Labor Code does not provide. This means that the employer has legal grounds to terminate employment contract with a part-time worker in this situation does not arise.

Situation 2. The part-time partner must be registered for the main job. AT this case The first thing a part-time worker needs to do is quit their main job. Indeed, for employment in the main job, a work book, “closed” by the previous employer, will already be required. Further registration of the work book by the new employer is no different from accepting an employee “from the street” - the organization’s stamp is placed and a record of employment is made indicating the position, details of the order, etc.

But the personnel documentation in this case can be issued in different ways. The first way is to conclude an additional agreement to the employment contract for part-time work, making it an employment contract for the main job. That is, an order is issued to hire an employee (not a transfer!), And the corresponding changes are simply made in the personal card.

But in our opinion, a more correct way of registration would still be the complete termination of relations in combination with the termination of the contract and the issuance of a dismissal order. And the subsequent hiring of an employee for the main job with the signing of a new employment contract. Let's explain why.

From the point of view of the Labor Code, part-time work and the main job are inherently different areas of regulation of legal relations that arise between an employee and an employer. These relations are very specific and are regulated by different norms of the Labor Code of the Russian Federation (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation). Therefore, the termination of some legal relations and the transition to others, in our opinion, is not enough to formalize only by order. So, you need to terminate the part-time agreement and conclude new treaty at the main place of work.

Situation 3. The main employee must be made a part-time worker. This situation is essentially a mirror image of the previous one. But, unlike her, it does not imply different options for the design of personnel documentation. This is due to the fact that for such a “transfer”, the employer will have to “close” the employee’s work book. After all, only the main employer can keep a work book.

So there is only one option for action - dismissal and subsequent admission. This, by the way, additionally confirms that in the previous case it is better to act in this way.

How much to pay

And at the end of our excursion into part-time work, a few words about the remuneration of part-time workers. Here the most common question is whether they can be paid more than half of the salary provided for staffing? The roots of this issue are that the maximum amount of time that a part-time worker can spend at his workplace is equal to half the weekly norm (Article 284 TKR F).

Let's consider this question in more detail. Article 285 of the Labor Code of the Russian Federation states that the work of a part-time worker can be paid not only in proportion to the time worked, but also on the conditions determined by the employment contract. This gives us a formal basis to set a part-time salary in any amount - both more than half of the “staff” and less.

However, here is a nuance that must be taken into account. Based on the provisions of Article 22 of the Labor Code of the Russian Federation, employees holding the same position should receive the same pay for their work. It turns out that if, in addition to the part-time worker, the main employee also holds the same position, then the establishment of an increased salary for the part-time worker will violate the rights of the main employee. Conversely, the establishment of a reduced salary will violate the rights of a part-time worker. These situations are already fraught with a fine of 50 thousand rubles under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The way out here may be, for example, the introduction of a separate position in the staff list, which will be occupied only by a part-time job.

Who can not be taken in part-time

According to Article 282 of the Labor Code of the Russian Federation, employees under the age of 18 cannot be taken as part-time employees (the employer can obtain this information from the passport), persons employed in hard work, work with harmful and (or) dangerous working conditions, if part-time work is associated with the same conditions (this information will be in the certificate brought by the part-time worker).

Next on the list of prohibitions on part-time employment are workers whom the employer can no longer check. These are people whose work is directly related to management vehicles or vehicle traffic control, if at their main job they perform similar work (Article 329 of the Labor Code of the Russian Federation), managers (Part 1 of Article 276 of the Labor Code of the Russian Federation), state and municipal employees, judges, lawyers, prosecutors and police officers, military personnel and even security guards (Article 12 of the Law of March 11, 1992 No. 2487-1 “On Private Detective and Security Activities in the Russian Federation”).

In addition, it is impossible to work part-time for the heads of state and municipal educational institutions, their branches (departments), as well as all other teaching staff, together with medical, pharmaceutical and cultural workers (clause 1 of the Decree of the Ministry of Labor of Russia dated 30.06.03 No. 41 “On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers).

part-time - performance by the employee of other regular paid work on the terms of an employment contract in his spare 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.

In other words, the work performed by the employee is considered part-time if:

- an employment contract is concluded with an employee who is already in an employment relationship;

under this employment contract, other work is performed, in addition to the main one, and the work is regular and paid;

this work is performed by the employee in his spare time from the main job.

Article 60.1 of the Labor Code of the Russian Federation provides for two types of part-time jobs:

domestic - work outside the normal hours of work for their employer. Internal part-time employment is possible if the same employer has vacancies;

external - work outside of your working hours with another employer.

Previously, work on the terms of internal combination was allowed only in another profession, specialty or position. Now there are no such restrictions. The norm of Article 60.1 of the Labor Code of the Russian Federation gives the employee the right to conclude employment contracts on the performance of other regular paid work in his free time from his main job, without specifying that this work should be in a different profession, specialty or position.

Working on an external part-time job does not require additional permissions, except for permission for the head of the organization and members of the collegiate executive body organizations, if for them federal laws, founding documents features of labor regulation are established (Articles 276, 281 of the Labor Code of the Russian Federation).

Part-time work requires the conclusion of a written employment contract. For employment contracts with part-timers apply General requirements established by the Labor Code of the Russian Federation for employment contracts (chapters 10 and 11 of the Labor Code of the Russian Federation). The employment contract must indicate that the work is part-time.

The term of the employment contract for part-time work is established by agreement of the parties.

In accordance with the provision of Article 283 of the Labor Code of the Russian Federation, when applying for a part-time job with another employer, an employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a 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.

When hiring a part-time worker, we recommend that you form his personal file in general order provided for the management personnel office work. In addition to the documents listed in Article 283 of the Labor Code of the Russian Federation, the personal file must contain: a copy of the employment contract, an employment order and other documents that determine the nature of the employment relationship between the employer and the part-time worker.

For persons working part-time (internal or external), there is a limit on the duration of working hours established by the employer - no more than four hours a day (Article 284 of the Labor Code of the Russian Federation).

It should be noted that the norms of working hours for part-time work have been significantly changed, in the direction of increase. Now, instead of the “maximum weekly norm - 16 hours”, the norm “within one month (another accounting period)” is applied, the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norms of working hours for another accounting period) established for the relevant category of workers. At the same time, on days when the employee is free from work at the main place of work job duties, he can work part-time full-time (shift), that is, more than four hours a day.

At the same time, the norms of working hours when working part-time 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 the Labor Code of the Russian Federation or has been suspended from work in accordance with parts two or four of Article 73 of the Labor Code of the Russian Federation.

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 the Labor Code of the Russian Federation and other federal laws " (Article 282 of the Labor Code of the Russian Federation).

According to Article 276 of the Labor Code of the Russian Federation, the head of an organization can work part-time for another employer only with the permission of the authorized body legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner.

Article 288 of the Labor Code of the Russian Federation establishes an additional basis for terminating an employment contract concluded for an indefinite period with part-time workers: if for workplace occupied by a part-time worker, an employee is accepted for whom this place of work is the main one, the employer has the right to dismiss the part-time worker. In addition, the employer must writing notify the specified person at least two weeks before the termination of the employment contract.

By agreement of the parties, an employee working part-time may be hired for the main job in this organization. In this case, the employment contract for part-time work is terminated, and another employment contract is concluded under new conditions.

Combination- this is the performance by the employee, along with his main job, provided for by the employment contract (job description), additional work in another profession at the same enterprise or institution at the allotted time for the main job by the voluntary consent of the employee, that is, the employee is not released from his main job.

This is allowed if the combined position is approved by the staffing table and is vacant. It should be noted that work under the conditions of combining professions (positions) is very easy to confuse with similar types of employment relations, such as performing the duties of a temporarily absent employee, increasing the volume of work. It is very important to clearly distinguish between these types of labor relations, since personnel documentation, the procedure for remuneration, taxation, the calculation of "sick leave" and vacation pay depend on the correct determination of status.

Consider these types of labor relations.

Fulfillment of the duties of a temporarily absent employee without release from the main duties provides for the fulfillment official duties an employee for a period of illness, vacation or business trip, and for other reasons, when a place of work is retained for him, is usually prescribed in job description and issued by order of the enterprise.

An increase in the scope of work is the performance, along with one's main job, stipulated by an employment contract, of an additional scope of work in the same profession or position.

	part-time Art. 60.1, art. 282 - 288 of the Labor Code of the Russian Federation	Combination Art. 60.2, Art. 151 Labor Code of the Russian Federation
concept	- this is the performance by an employee of other regular paid work in his spare time from his main job on the terms of an employment contract. Possibly with the same employer internal combination), and different (external 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 duration of the working day (shift). Perhaps only with the same employer.
Employee Consent		The consent of both parties is required - both the employee and the employer
Decor	Separate employment contract, order of the employer	Written consent of the employee for the term, content, volume of additional work, order of the employer
Timing, duration	An employment contract for part-time work can be fixed-term and for an indefinite period (Articles 58, 59 of the Labor Code of the Russian Federation) 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. The restrictions on 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 the Labor Code of the Russian Federation or has been suspended from work in accordance with parts two or four of Article 73 TK RF.	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.
Payment	Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other terms of the employment contract.	When combining professions (positions) without exemption from work specified in the employment contract, the employee is paid an additional payment. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.
Positions held	At external combination It is permissible to occupy both different and identical positions. With internal combination - it is possible to occupy different positions. The legislator has not unequivocally resolved the issue of occupying identical positions with internal combination of jobs.	By combining professions (positions), additional work is performed in another profession (position).
Termination of work	In addition to the grounds provided for by the Labor Code of the Russian Federation 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.	The employee has the right to early 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.

Documents required when applying for a part-time job:

The main documents are a passport, a copy of the work book (with an external part-time job),

- documents on education, if the position of a part-time job requires special knowledge and skills (for example, a medical worker or teacher).

When applying for a job with harmful working conditions, they may ask for a medical certificate (its copy from the main place of work) and a certificate from the main employer for how many hours you work, because. it is impossible to exceed the established norms of work with harmful working conditions that can be harmful to health.

Of course, taking a part-time driver requires a driver's license of the appropriate category and a medical certificate, and a diploma of education is not required.

If you want to earn extra money as a watchman, janitor or office cleaner, you only need a copy of your work and passport.

There is no regulated list of required documents for part-time employment.

Elena Kovaleva

Why did the employer, who set the employee an additional payment for combining, could not withdraw it? Why was the employer forced to return the full amount of work to an employee who could not cope with her duties? Why did the part-time employee work during the main job and who was to blame for this? Again and again, practice returns to the issues of a clear distinction between combination and part-time work.

And although this problem has been discussed in the legal press more than once, state labor inspectors continue to identify violations in this matter, the solutions to which may not be so unambiguous.

A bit of theory

Combination and combination - the concepts are so different that it would seem impossible to confuse them with each other.
But in practice, even an experienced personnel officer makes mistakes.

To begin with, part-time work and combination are concepts that are used only in relation to the labor branch of law. But that is where their commonality ends.

In accordance with Art. 60.1 of the Labor Code Russian Federation part-time work - this is the second job, in which a second employment contract is drawn up, a second order for employment is issued, a second vacation is granted, a time sheet is kept for part-time work, at the request of the employee, an entry is made in the work book.

In accordance with Art. 60.2 of the Labor Code of the Russian Federation, combination is the performance by an employee, with his written consent, of additional work along with the work determined by the employment contract, during the established duration of the working day (shift).

Thus, if part-time work is a second job, then combination is not a separate job, but only an additional obligation to the main job. Therefore, if a part-time job can exist without the main job, then the combination does not imply this: the combination can only be in the presence of the main job, the combination itself is impossible.

In accordance with Art. 273 of the Labor Code of the Russian Federation, part-time employment is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job. We emphasize: in free time from the main work. This means that for an employee working in the same organization on an internal part-time basis, two time sheets are kept: for the main job and part-time. Let's assume that the main job in the organization is the employee - "educator", and on the terms of part-time employment contract is concluded for the position of "music director". In one time sheet, his working days as an educator are noted, in the other - as a music director. In this regard, it is necessary to distinguish between maintaining a time sheet for an employee performing work on a combination basis. Based on the foregoing, if part-time work is performed in free time from the main job, then work on a combination basis is performed within working hours - therefore, it is not additionally reflected in the timesheet. And if wages are paid for work on a part-time basis, then an additional payment is established for work on a combination basis. When during compliance checks labor law state labor inspectors investigate this issue, often there is a problem in the interpretation of the documents provided: for example, an employee, according to an employment contract, performs work on a part-time basis, and only the main job is reflected in the timesheet, and therefore it is not clear why the employee does not goes to work part-time and for which in this case he is paid wages. Or vice versa: an employee works during the day, say, as a janitor, at night he goes to work as a watchman.

And the time sheet is kept alone, wages are paid alone, while an additional payment for combining is established, although in fact there are signs of working on a part-time basis, since the second job (watchman) is performed in his free time from the main job.
Since part-time work is a second, independent job, the employee should be paid wages for it, along with all allowances, regional coefficients (in those regions where they are provided), surcharges, bonuses.

For the combination, an additional payment is established, the amount of which, in accordance with Art. 151 of the Labor Code of the Russian Federation, is established by agreement of the parties. This fee is only part of wages, but not salary in full.

	part-time	Combination
Decor	The order of acceptance to work; labor contract	Combination order
Employment working time	Outside the established working hours	Within the established working hours
Labor relations initiative	Employee initiative	The initiative of the employer with the written consent of the employee
Time sheet	Separate time sheet working hours for work at the same time	One timesheet
Payment	Wage	Surcharge, the amount of which is determined by the parties
Vacation	Second vacation granted	Separate leave for the performance of additional duties is not granted.
Termination	Order to terminate the employment contract	Order to withdraw additional payment for combination in connection with the termination of the performance of additional duties
Legal rationale	Art. 60.2, Art. 151 of the Labor Code of the Russian Federation	Art. 60.1, art. Art. 282–288 of the Labor Code of the Russian Federation

All of the above can be summarized in a table see above).

What will practice say?
Consider several situations that have arisen in practice for different employers.

Combination or combination?
Employee promoted to junior researcher. An employment contract was concluded with him, in accordance with which the worker is set to work at 1.5 rates.
Based on the employment contract, an employment order was issued, according to which the employee was hired government agency for the position of junior researcher for 1 rate and 0.5 part-time rate. At the same time, an employment contract on part-time work with the employee was not concluded. At the same time, in fact, the employee performed work within the limits of the norm of working hours, one time sheet was kept for him, which are signs of work on the terms of combination, and not part-time work. By order, based on the personal application of the employee, the surcharge in the amount of 0.5 rates was canceled.

In this situation, a dispute arises: on what conditions - combination or part-time work - does the employee work?
Firstly, according to Art. 68 of the Labor Code of the Russian Federation, the order for employment must comply with the employment contract, which is not observed in this case: in the employment contract - 1.5 rates; in the order for hiring 1 rate - for the main job and 0.5 rates for part-time work.
Secondly, there is an obvious inconsistency. On the one hand, the order for employment contains a direct indication that work in the amount of 0.5 rates is a part-time job. On the other hand, the absence of a second order (for part-time work) on hiring, the absence of an employment contract on part-time work, the actual performance of work by the employee within working hours indicate that the work was performed on a combination basis. It seems necessary that in this matter the parties bring the documents in the proper form, deciding on the conditions under which additional work is carried out. We are inclined to believe that additional work in this case is performed on a combination basis, since it takes place within the framework of one working time, for which the employee was not paid wages, but an additional payment of 0.5 times the rate.

Main job or part-time job?
No less confusing was the situation in another budget institution- school.
The employee was hired by the school for the position of head teacher, in accordance with the employment contract of 2003. In accordance with this employment contract this work is the main one.
In 2006, the employee was transferred to 0.5 of the head teacher's rate and worked on such conditions until 2009. At the same time, in violation of Art. 72 of the Labor Code of the Russian Federation, an agreement to change the terms of an employment contract with an employee was not properly executed.
Thus, from 2006 to 2009, the employee actually developed labor Relations under the terms of an employment contract for 0.5 head teacher rates. This fact is also confirmed by the pay slips, its billing for the relevant years, from which it follows that the worker was charged with a load of 0.5 times the rate and wages were accrued in the same amount. Considering that, in fact, the parties continued their labor relations under such conditions for 3 years, we can say that it was on such conditions that these relations developed, although they were not properly brought into line with the law.

At the same time, by agreement with the employer, the employee begins to teach lessons in grades 10-11 in the amount corresponding to the salary rate of a teacher of secondary schools - 18 hours a week, for this a part-time employment contract is drawn up with her.

On September 1, 2009, the employee was transferred to 0.25 of the head teacher's rate, which is confirmed by her billing for the 2009–2010 academic year. year, personal account. The employee, also in accordance with the procedure established by law, did not appeal against this change in the terms of the employment contract. The parties continued their employment relationship on such terms for another year. We believe that this can be regarded as the employee's oral consent to change the terms of the employment contract, which, again, in violation of the law, were not properly executed. At the same time, the employee continued to teach lessons in the amount of 18 hours a week.

Finally, in September 2011, by order of the director, 0.25 of the head teacher's salary was removed from the employee and transferred to another employee. The employer motivated this by the fact that the employee does not cope with the labor function of the head teacher, did not draw up a school schedule in a timely manner, and did not draw up a number of necessary methodological documents. But this time, the employee wrote on the order that she did not agree with this order, and the employer was forced to return the original position: “return” to the employee 0.25 of the rate.

What do we get as a result? Initially, the load on the main job was reduced from the volume of the wage rate to 0.25 of the wage rate. The circumstances allow us to say that in fact both parties agree to this, no one appealed against the changes in labor relations, and the parties worked on these conditions for a long time. If the employer had removed the last 0.25 of the rate, then the employee would not have been provided with work at the main place of work in violation of Art. Art. 21, 22 of the Labor Code of the Russian Federation, which guarantee the employee the right to provide work on a conditional labor function and at the same time oblige the employer to provide the employee with work. In fact, labor relations for the main job would have ceased, but, knowing the previous development of history, it can be safely assumed that no one would have formalized this again properly.

In addition, in the end, the parties came to the conclusion that at present the main work in the position of head teacher for the employee has developed in the amount of 0.25 of the rate, and part-time work in the position of a teacher - in the number of hours corresponding to the salary rate of an average teacher secondary school. And this, under these conditions, allows us to talk about the substitution of types of employment contracts: the main and part-time. It would have been more logical back in 2009 to bring the actual conditions of labor relations into the proper form: to arrange the work of the head teacher part-time in the amount of 0.25 of the rate, and the work of the teacher as the main place of work in the amount of the wage rate.

Part-time during the main job?

The employee was accepted by the loader to the employer both at the main place of work and part-time. The part-time employment contract states that the working hours for the employee are established in accordance with the Rules of Internal work schedule, which, in turn, had a condition on a five-day working week for employees of the enterprise from 08.00 to 17.00. At the same time, according to Art. 282 of the Labor Code, part-time work is performed in free time from the main job.
Thus, it is not clear at what time the employee was supposed to work if, when working part-time, the working day began for him when he ended. In fact, the employee worked from 08.00 to 17.00.

Then the employer issued an act of absenteeism of the employee to work from the date of conclusion of the employment contract in combination and canceled the employment contract in combination. And this was done in order not to pay sick leave: in connection with an accident at work, the employee presented a sick leave for payment at both places of work. The employee worked within the time limits established by the Internal Labor Regulations, to which the employment contract referred to part-time, but in fact it was in working time set for the main job.

If we assume that the employee performed this work on a combination basis (during the main working hours), and not on a part-time basis (outside working hours), then he should have paid an additional payment for combining, which would have been included in average earnings employee at his calculation. However, this was not done either. At the same time, it was not clear from the terms of the part-time employment contract at what time the employee should go to work part-time, and he went to work in accordance with the Internal Labor Regulations. We add that in the court of first instance, the employee could not prove the fact of part-time work. The employee has filed a cassation complaint.

Internal part-time work as an escape from overtime work?

In private security company The State Labor Inspectorate carried out an inspection of compliance with labor legislation on the complaint of one of the employees. The worker complained about the huge overtime. During the audit, this fact was confirmed: the guards really worked 200 or more hours a month. The State Labor Inspector issued an order to pay employees for overtime hours, in accordance with Art. 152 of the Labor Code of the Russian Federation, in an increased amount.

The employer explained that he had a newly opened enterprise and would not be able to pay employees in this amount for overtime work. However, he complied with the order, and henceforth he formalized labor relations with the security guards both for the main job and for work on the conditions of internal combination. Then the same 250 hours of work per month as a result were drawn up as follows: 178 hours - the norm of hours per month, which the employee worked out, and the remaining 72 hours - this is part-time work, which was paid in proportion to the time worked in a single amount.

Often, working on an internal part-time basis becomes a way to avoid overtime pay at an increased rate. In accordance with the Labor Code overtime work paid in one and a half (the first two hours) and then - in double size. Part-time work - in proportion to the time worked - in a single size.

Therefore, the employer, taking into account that the employee works the established norm of hours for him every month, draws up a part-time employment contract with him and these hours become not overtime hours, but hours of part-time work.

In practice, such cases often occur with workers who work in the positions of security guards, watchmen, boiler house operators - that is, workers working in shifts.

Combination under the terms of an employment contract?

When the combination is included in the employment contract, it sometimes becomes a real headache for the employer. And only he is to blame.
The employee is accepted into the organization by an accountant.

When applying for a job, the employer offered her, while the cashier's position is temporarily vacant, to perform additional and labor function cashier until the employee is accepted for this rate. The employee agreed, and a condition was introduced into her employment contract that she was given an additional payment for combining in the amount determined by the parties, while no clarification was made that this additional payment was paid to the employee only if she performed additional duties.
The employee performed this additional work, for which she received her additional payment.

After some time, she was no longer paid this additional payment, since in fact the performance of these additional duties by the employee ceased, about which an appropriate order was issued.

But the employee, not agreeing with this order, turned to the State Labor Inspectorate. State Inspector labour, given that the surcharge was established by the employment contract, and removed unilaterally by order of the employer, while in violation of Art. 72 of the Labor Code of the Russian Federation, an agreement was not concluded on changing the terms of the employment contract determined by the parties, issued an order to the employer to pay this additional payment to the employee, and cancel the order to withdraw it as issued in violation of Art. 72 of the Labor Code of the Russian Federation.

We believe that in this case, the employer had to draw up a condition on establishing an additional payment for combining not an employment contract, but a separate order. Any document can be changed, canceled only by a document of the appropriate level: an employment contract - an agreement to an employment contract, since this is a bilateral act, an order - an order. Therefore, by changing the order of the terms of the employment contract on the additional payment for the combination established for the employee, the employer acted unilaterally. In connection with the foregoing, we believe more expedient condition to establish a combination not in an employment contract, but in an order.

So for proper execution in practice of combination and combination it is recommended:

- in order to avoid documentary confusion, it is necessary to immediately determine at what time the employee will perform additional work: within working hours - then we are talking about combining (relevant order / instruction, employee consent, additional payment, one time sheet); in our free time from the main job - we draw up part-time employment (an employment contract, an order for employment, a separate time sheet, a separate salary, a separate vacation with its payment, etc.);

- draw up a combination not by making a condition in the employment contract, but by issuing a separate order, since you can cancel, change the order by order, and an agreement between the two parties is required to change the terms of the employment contract;

- if the combination order contains a specific period for which the condition for combining workers of professions (positions) with the calculation of the corresponding additional payment is valid, then the condition for combining terminates with the expiration of this period, while issuing a separate order to stop the employee from fulfilling the duties of combining and removing no surcharge required. If the order was issued for an indefinite period and the parties did not initially discuss the term (for example, “work for now, and it will be seen there”), then in order to remove the surcharge and terminate additional obligations for combining, it is required to issue a separate order with prior notification of the second party no later than for three days.

Russian labor legislation in its articles separates the concepts of combination and combination.

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The nuances and differences in them are obvious, but in practice questions often arise, because the length of service, payment for vacations and sick leave, and the provision of another vacation depend on their correct definition. Therefore, below we consider all possible situations associated with these concepts. Let's start with those dictated by the Labor Code of the Russian Federation.

Let's dot

The concept of combination (internal and external)

Chapter 44 of the Labor Code regulates in sufficient detail the rights and obligations of part-time employees.

This is what must be done according to the job description at a time when the main work is completed or the employee has a day off.

Not during the breaks between them, and not during the current working day, but precisely at the end of it or on weekends that fall on the main work.

At the same time, Article 60.1 of the Labor Code of the Russian Federation distinguishes between two different concepts combinations: internal and external.

The first means working with a single employer for longer than the established working time limits and this requires the presence of vacancies.
The second means working also outside the established limits. labor day, shifts, but at another enterprise, in an organization.

Previously, there was a restriction, which was not always respected by both parties, that the work should be in a profession other than the main specialty. There are currently no such restrictions.

What is a combination according to the Labor Code of the Russian Federation?

Expanding service areas, increasing the amount of work of a particular employee or employee, we get the following concept labor law like a combination. This part of the relationship has recently been regulated by Article 60.2.

The employer instructs to perform duties during a shift or a working day of additional work, without interruption from the main specialty.

This is paid additionally, in addition to the amount that is paid to the employee at the basic rate. This is possible only with the consent of the employee, in writing. During what period of time and what volume will be carried out, it is decided by agreement of the parties and issued by order.

An employee may refuse additional work at any time, and before the due date when the absent employee starts work. However, he must write an application addressed to the director and notify of his refusal no less than 3 days in advance.

What is better for the employee?

It is difficult to name a more advantageous position for an employee due to the difference between the concepts of part-time work and combination.

The advantages of the first are:

the opportunity to work in another profession;
a more stable position in the labor market;
a higher level of wages than with a combination.

The advantages of combining are:

the opportunity to receive higher wages from one employer for one shift or working day;
improve qualifications by replacing a higher-ranking employee;
show your own loyalty to the employer, relieving him of the need to accept a temporary employee “from outside.

Combination and part-time employment in labor law

The legal field of the concepts under consideration according to the Labor Code of the Russian Federation is clearly defined, but most often it is mixed up when the priority is chosen between internal combination and combination. What is the difference between the studied forms of labor organization?

The combination is within the framework of one employment contract. His payment and terms are determined by the order created after reaching an agreement with the employee, formalized by his written statement or additional agreement.

Part-time employment creates a new, full-fledged employment contract, in compliance with all norms and rules of the law. Article 282 does not limit the employee in the number of contracts concluded, and as a result, in the number of third-party employers. Special legal regulations determine the possibility of part-time work for doctors, pharmacists, teachers and employees in the field of culture and education.

When it's possible?

Most often, a combination of professional, official duties enters into force when, by the will of circumstances, it is necessary for a short or long period to replace an employee who has gone on vacation, a decree, on a sick leave.

The increase in the volume of work usually occurs in a profession adjacent to or close to the main specialty. Anyone who combines positions and specialties without interrupting their main job and without increasing the number of hours worked is issued with a written consent and a corresponding order from the main employer.

The part-time worker gets a job as an independent unit payroll, with all the ensuing consequences. And this is registration, payment, another vacation and an employment contract, regardless of whether it is external or internal.

Restrictions and prohibition

There are certain categories of persons with whom it is forbidden to conclude a part-time contract:

under 18 years of age, in accordance with paragraph 5 of Article 282.
Working in hazardous harmful conditions at the main place of work in the case when part-time work involves similar working conditions.
Vehicle operators or managers coordinating the movement of vehicles, part 1 of article 329 of the Labor Code of the Russian Federation.
Civil servants, the list of which is given in the Resolution.

When combining such restrictions and prohibitions, there are no such restrictions, since the employee combines professions that are close in duties within the normal duration of work.

The work of the personnel service

The personnel management service or the personnel department conducts workflow for the admission, training, advanced training, transfer and dismissal of employees. From the ability to correctly qualify situations with personnel that arise during the period of his work at the enterprise, the vital activity of the team and the absence of problems with supervisory authorities depend.

Registration of part-time and combination: what's the difference?

Personnel documentation for combining professions begins with the Regulation on remuneration and bonuses, which prescribes the amount and procedure for payment for combining.

Further, the head of the department in which it is necessary to carry out a combination for the employee, verbally agrees all the conditions with a possible applicant. And after reaching an agreement, he prepares a memo addressed to the head. On its basis, an order is made and the employee assigned to work on the combination writes with his own hand that he agrees, puts the date and signature.

Part-time employment begins with the fact that the employee provides the documents necessary for the execution of an employment contract, gets acquainted with local acts and signs an order for employment as a part-time worker. The existing concept of “combination with part-time employment” is drawn up in a work book, an order and an agreement as a dual profession, for example, “an accountant with the duties of a cashier”.

Accounting and personal cards

The personal file of an employee working in combination is opened once. All the necessary data is entered there, including the features of the work.

A part-time worker working additionally for the same employer is counted twice in the timesheet under different numbers and two personal cards are entered on him, each with complete package documents necessary for work in the specialty.

When counting average headcount it is counted twice, a whole unit or a part, depending on the length of the working time.

An external part-time worker occupies a position or profession according to the staffing table at another enterprise, respectively, a personal file is opened for him. The work book is stored at the main place of work and, if desired, on the basis of a certificate from the main place of work, an entry will be made in it under the next number about part-time work. When combined, the employee works on the basis of an order from the organization.

Leave for these categories

Consider how this vacation is paid.

The next paid leave for a person combining professions is provided in full accordance with the vacation schedule. When the amount of the surcharge is taken into account in the calculation.

The legislation requires the part-time worker to notify the employer about the vacation period at the main place of work so that the vacation at the additional place is issued for the same period. If the leave is longer at the main place of work, then the “additional” employer must arrange leave without pay for the missing days.

Dismissal or exemption from additional work

The term "dismissal" in this article applies to part-time workers, external or internal. You can dismiss them for various reasons specified in the Labor Code of the Russian Federation, but there are also reasons that are suitable only for them.

This is an admission to the place of an employee occupied by a part-time employee, for whom the work will be the only and main one.

It is worth noting that the part-time worker himself has priority and, upon application, can remain at the workplace if he decides that it will be the main one for him.

Exemption from duties and additional work takes place for those who combine duties. This happens when an employee is ready to start work, who has been absent until now due to illness, a business trip or other good reasons. In this case, the employer notifies the employee. The latter can also initiate his release by also notifying the administration three days in advance.

For CEO

The head of the enterprise has the opportunity to be external and internal part-time(Article 276 of the Labor Code), provided that this is approved by a higher body: a meeting of founders, a board of directors, an owner on the basis of a written application CEO and is documented.

Then there is a standard procedure for hiring, indicating in the contract and order the wording "part-time". There are no restrictions for combining, and this applies to a situation common in small businesses when a director combines the duties of a chief accountant.

For teaching staff

Companionship at school and kindergarten not prohibited by law, but there are subtleties here.

Pedagogical workers are subject not only to the norms of articles 282 and 60.1 of labor law, but also to the following acts:

Education Law.
Decree "On the peculiarities of work ..".
other federal laws.

According to them, teachers can work part-time at the main place or in another organization in their own, as well as in another specialty.

Time limits: no more than ½ of the norm per month, which is calculated based on the number of hours per week.

The Decree also contains a list of works, the performance of which does not qualify as part-time work.

Accounting Features

Accounting in the presence of part-time employees or those who combine positions and professions is not difficult.

It is only necessary to know some aspects, for example:

in case of part-time work, the amount determined by the staffing table is paid in proportion to the hours worked;
when combining, according to the Regulations on wages and bonuses, an amount is added to the salary as a percentage of the salary of a temporarily absent employee or an allowance is negotiated in solid monetary terms.

Compensation for part-time workers

The salary of a part-time worker is calculated from the amount specified in the employment contract on part-time work.

Standard taxes deducted, added if any district coefficient and the employee receives the resulting amount in his hands or on a card. If he works part-time, part-time or piecework, then the salary is calculated in proportion to the time that was worked out.

Nuance: when paying for sick leave, you must provide a certificate of experience and a copy of the work book to the employer who does not have the opportunity to calculate the experience.

Vacation pay is accrued according to the general rules.

Taxation

The personal income tax deduction, if the employee has the right to it, confirmed by documents, is provided in the organization at the choice of the employee - an external part-time job.

Internal part-time workers receive a deduction from the entire amount of earnings. Other taxes are calculated according to general rules tax legislation.

What is the difference?

In conclusion, we present a small table in which we compare the main stages of the two forms of labor organization:

	Article 60/1	Article 60/2
Is a contract necessary?	Yes, there is a new one	No, interactions under the current contract
How to apply for a job?	Just like any newly hired employee	No reception, there is a written consent, an order for the enterprise
How to grant regular annual leave?	Provided simultaneously with leave at the main place	According to vacation schedule
How does a dismissal or termination of an employment contract take place?	For general reasons, plus when hiring an employee for whom it will be the main	For general reasons

At present, given the low level of salaries, many are trying to get additional income by working part-time or combining several types of earnings. In the article, we will try to figure out how combination differs from part-time employment, what are the benefits of each type and what are the disadvantages. Every citizen should be savvy in such matters, and our article will help with this.

So, let's dwell on the main points of the topic: "Combination and part-time work: the difference." The table below will clearly and in detail demonstrate the main differences between these types of additional employment.

Labor combination

In any country there is a Labor Code that regulates the relationship between an employee and the head of an enterprise or institution, and also describes in detail the rights of both parties. Chapter 44 of the Labor Code of our country contains detailed information on the rights and obligations of employees who decide to work part-time.

Already here you can see that there is a difference between combination and combination.

It must be taken into account that employees educational sphere are subject not only to articles 282 and 60.1 in the Labor Code, but also to the following acts:

Education Law.
Federal laws relating to this industry.

It is there that it is stipulated that the teacher can carry out part-time work not only in his educational institution, but also in another, as well as try your hand at another specialty, if there is confirmation of his skills and abilities in this area.

Part-time for healthcare workers

We examined what internal combination and combination are, what is the difference - we sorted it out, and now we will find out what standards exist for medical workers.

The Labor Code has article 350, which states that, by decision of the government of the Russian Federation, the length of the working day in combination medical workers that operate in countryside, can be increased. This is due to the fact that in these areas, as a rule, there is a sharp shortage medical personnel. In this case, both part-time work and combination are possible (what is the difference is not so important, since these types of employment are quite common in the village).

Nuances

If we consider pedagogical, medical employees and cultural workers, then for these categories of citizens the following works will not be considered part-time:

Implementation of various examinations with a one-time payment.
If the teacher conducts additional lessons on the conditions hourly pay but not more than 300 hours per year.
Conducting consultations in their organizations in the amount of not more than 300 hours per year.
Teaching activities in the same educational institution, if there is an additional payment for it.

A specialist can perform all these types of activities during his main working hours, but there are exceptions:

scientific and creative activity if there is no such staff unit;
organizing and conducting excursions without appointment to such a position.

But it must be clarified that the performance of any other work, if you are not currently engaged in the main activity, is permitted and does not require consent from the employer.

Termination of an employment contract

So, in the previous paragraphs, the following issues were considered in detail: combination and combination, difference (table), wages for these types of activities. Now let's figure out under what conditions the contract can be terminated with a part-time job.

If the employment contract is drawn up correctly, then it states for how long the applicant is hired. If such a situation arises, then the person working part-time must be warned in writing about the termination of the contract or agreement with him in two weeks.

But there is article 288 in the Labor Code of the Russian Federation, which spells out additional grounds for terminating an employment contract. This basis is the employment of a specialist who will consider this work as his main one.

The Labor Code also contains indications of the categories of persons who cannot be fired at the request of the employer:

if the employee is in legal leave or on sick leave;
you can not fire women who are in an interesting position or have babies under three years old.
a single mother who is raising a child under 14 or a disabled child;
guardians who are engaged in raising children in the absence of their own mother.

If an employee performs a certain amount of work to combine, then it is also possible to release him from this ahead of schedule. This usually happens when the specialist he replaced is ready to go to work and fully perform his duties. Usually, the employer must give a few days' notice.

The employee himself has the right to refuse to perform the duties of combining, only he must notify the management of this at least three days in advance so that a replacement can be found.

The article deals with the topic that is relevant today: "Part-time work and combination". What is the difference between them, we explained in detail. Now only the employee himself can choose which type of activity is suitable for him to improve his material well-being. Knowing all the nuances will insure the employee from unexpected and unpleasant surprises. Currently, every person should be legally savvy, this will definitely come in handy in life.