When applying for a job, one of the essential conditions of the contract is the duration of the shift (working day). According to general rules, an eight-hour day is set. However, many employees combine activities in primary and secondary positions. When determining the length of the day for part-timers, the rules of Art. 284 of the Labor Code of the Russian Federation. Read the comments on this norm below.
General information
Part-time job is the regular performance by an employee of professional duties other than the main ones in their free time. According to general rules, a citizen can conclude additional labor contracts with an unlimited number of tenants, unless otherwise provided by federal law.
Features of combination
A person can work part-time at both the main and a third-party enterprise.
The legislation provides for a number of restrictions. In particular, it is forbidden to involve minors in harmful activities, for harmful or dangerous objects. The law may establish other restrictions.
In the contract with the employee, there must be an indication that the activity is carried out concurrently.
For certain categories of workers, in addition to the duties enshrined in the Labor Code, the Government may establish other specific rules with the consent of the tripartite commission regulating social and labor relations.
Paid holiday
It is mentioned in article 286 of the Labor Code.
For subjects carrying out part-time activities, annual leave (paid) shall be relied upon simultaneously with the leave provided for in the main job. If a citizen fulfills additional duties for less than six months, he shall receive days of rest in advance.
If a part-time vacation is shorter than at the main enterprise, the employer, at the request of the employee, can provide a vacation of an appropriate duration without saving earnings.
Shift duration
According to Art. 284 of the Labor Code of the Russian Federation, part-time work cannot exceed 4 hours / day. However, exceptions are allowed from this rule.
According to paragraph 1 of Art. 284 of the Labor Code of the Russian Federation, if an employee is free from his main job, he can work part-time full time.
Throughout the month in another accounting period, the duration of working hours cannot be more than 1/2 of the monthly norm provided for the corresponding categories of employees.
The restrictions enshrined in the first paragraph of Art. 284 of the Labor Code of the Russian Federation, do not apply if an employee suspended his activities in accordance with part 2 142 of his article or was removed from his duties on the basis of part 2 or 4 73 of the Code.
Explanations
When analyzing the comments to Art. 284 of the Labor Code of the Russian Federation should pay attention to the following. The legislator has reduced the norm of working hours by half in comparison with the generally accepted one. If the duration of the daily shift should not be more than 4 hours, then the weekly time may not exceed 20 hours.
With summarized accounting, the total duration of shifts of a part-time job should be less than half the monthly norm. At the same time, an indicator is taken for a different accounting period - a year, a quarter. At the same time, the requirement of the maximum duration of a daily shift must be observed.
Special rules
The provisions of Art. 284 of the Labor Code of the Russian Federation allow you to set the mode of operation for combiners of different categories. A full shift, for example, can be envisaged on days off from the main activity of the days, during vacations without saving earnings, for the period of care for a minor, and in other cases when a citizen is free from duties. The only exception is annual paid leave. In Art. 284 of the Labor Code of the Russian Federation stipulated that it should be provided along with rest at the main job.
Special cases
As a general rule, enshrined in Art. 284 of the Labor Code of the Russian Federation, the monthly duration of work of part-time workers should not be higher than the norm established for the corresponding categories of employees. However, full-time work is allowed. The law provides for the following cases:
- Suspension of work by an employee in the main position due to delayed payment of salaries by more than 15 days.
- Suspension of an employee from work due to his refusal to transfer to another position in accordance with a medical certificate or in the absence of a suitable job for the employer.
Special rules for specific categories
When considering labor disputes under Art. 284 of the Labor Code of the Russian Federation, courts should take into account that special provisions are provided for some employees (for employees of healthcare institutions, cultural and educational organizations, as well as pharmacists). The duration of combining jobs for them during the month can be established by agreement with the employer. However, at the same time it can not be more:
- 16 hours / week - for pharmacists and doctors, half the norm per month for which at the main job does not reach 16 hours;
- 1/2 of the monthly norm, calculated in accordance with the established duration of the week - for other pharmacists and health workers.
The last rule applies to:
- doctors, as well as mid-level medical staff in cities, districts and municipalities lacking these specialists;
- junior pharmaceutical and medical staff;
- educators, trainers and trainers.
It should be noted that the duration of combining jobs in specific positions in organizations, institutions of federal, regional or municipal subordination is determined by the rules established by the executive bodies of the corresponding level.
If half the norm per month for employees of educational institutions, trainers, trainers and teachers does not reach 16 hours / week at the main job, the duration of part-time work cannot exceed the same number of hours.
Cultural workers working as educators add. of education, choreographers, accompanists, choirmmasters, artistic directors, accompanists, the working hours are set in accordance with the Ministry of Labor Resolution No. 41 of 2003. According to sub. b 1 of the clause of this normative act, it cannot be more than the monthly norm of time calculated on the basis of the duration of the working week provided for these persons.
Also, special rules are enshrined for health workers of healthcare institutions who carry out professional activities and live in urban settlements (urban-type settlements) and rural areas. For these citizens, the part-time duration per day is increased to 8 hours, that is, it constitutes the usual labor standard for all. The weekly duration of additional labor activity is 39 hours. The relevant provisions are enshrined in Government Resolution No. 813 of 2002.
Conclusion
The need to combine posts may be due to various reasons. Usually this is due to the insufficient amount of money received at the main job. At the same time, citizens have free time that can be used. Most often, citizens take the additional workload at the main enterprise. From a practical point of view, this is convenient. However, in any case, the employer must comply with legal requirements. Serious sanctions are provided for violations of regulations.