A person’s desire to receive more money to satisfy his material needs is a completely natural phenomenon. To implement his plans, the employer often offers part-time and combination of professions and positions. Is there any difference between these concepts? Maybe these terms mean the same thing?
It turns out that such concepts as combining and combining do not have the same meaning. What is the difference? The Russian Federation regulates these two aspects with various articles of the current Labor Code. However, both of these concepts mean a side job. What is the difference between combination and combination? Consider this topic in more detail.
Relevance of the issue
The concept of "combination and combination" is well known to those who in organizations and enterprises engaged in the selection of personnel. The fact is that one of the primary tasks of any company in modern economic conditions is the search for optimal solutions for the use of existing labor resources. In this case, there is a need to coordinate the interests of the enterprise with the interests of the employee. One of the best options in this case is combining and combining. In labor law, both concepts are enshrined in law. Such a distribution of responsibilities is beneficial not only for the employee, who ultimately has the opportunity to replenish his budget, but also for the organization itself. Indeed, sometimes an employee quickly copes with the amount of work assigned to him. In this regard, he has free time during the working day, which can be taken up by completing an additional range of duties.
With the development of market relations in our country, labor contracts on work performed in combination or part-time jobs are not uncommon. People realized the full advantage of the opportunities provided to them, and employers save money on wages. Such relationships are relevant not only in enterprises, but also among individual entrepreneurs.
Regulatory legislation
The Labor Code of the Russian Federation in its articles enshrines the concept of "combining and combining." The difference lies primarily in the fact that the definition of the first of them is in Art. 60.2, and the second - in Art. 60.1 TC.
The Labor Code of the Russian Federation clarifies that combining involves additional work during a shift or work day. At the same time, the employee is not exempted from fulfilling the assigned basic duties. Combination is used by the employer only in case of economic feasibility of such a person’s workload. This management decision should not affect the quality of products or services.
Combining and combining - what is the difference? The second concept is a part-time employee in his spare time. In other words, part-time work is a completely different, not basic for a person employment. The contract for its implementation is concluded on the initiative of the employee and by agreement with the employer.
Main criteria
Combining and combining - what is the difference between these concepts? The main criteria for the first are:
- conclusion of labor agreements with any number of employers;
- performance of official duties both at the main place of work and at other enterprises;
- an indication in the employment contract of the type of performance of work (part-time).
Some legislative acts of the Russian Federation contain restrictions for such a side job. So, for 5 tbsp. 282 of the Labor Code of the Russian Federation, it is forbidden to engage in such activities for persons under the age of eighteen, as well as municipal and state employees, in addition to their participation in the creative, scientific or pedagogical field. Such contracts for the performance of hard and harmful work are not concluded if the main workplace has the same characteristics. Part-time work is not permitted in some other cases, which is enshrined in the Labor Code of the Russian Federation and various federal laws.
We now consider the second concept. What's the Difference? Combining from part-time labor code of the Russian Federation helps to distinguish. This document indicates that there is:
- the actual combination, which is the parallel execution of work on its core business and on another similar to it;
- expansion of the service area when the volume of work performed by an employee within the framework of his main specialty increases;
- the performance of those duties that are assigned to an employee who is temporarily absent at the moment, in his or her other profession.
All of the above types of work relate to combination. Moreover, they are made only if the employee confirmed his decision with written consent. Pre-negotiated and the term combination. At the same time, the employer must also assure him with written consent.
When considering the concepts of "combining and combining" what is the difference in the issue of employee employment? In the first form of part-time work, a person works under a separately concluded contract in his free time. Combination, however, implies the performance of additional duties only during the shift. Moreover, it is possible to refuse such a load ahead of schedule. You should only warn in writing about your decision to the head. This must be done in 3 business days.
Documenting
In order to make it economically feasible to carry out certain works, the enterprise management may decide to introduce a combination and combination practice. What is the difference in the registration of labor personnel in a particular case? This issue is regulated by law. So, to combine just the order of the head. The basis for its signing must be a written assurance of the employee, which indicates the period, amount and content of the additional duties assigned to him. This is indicated by articles 151 and 60.1 of the Labor Code of the Russian Federation. If these rules are not followed, combination is impossible. Before starting part-time work, an additional agreement to the labor agreement should be drawn up. Based on this document, the order of the tenant is drawn up. As for the additional entries in the employee’s work book, there is no need to make them.
If you compare how combined and combined take shape, what is the difference between these forms of part-time work? When answering this question, one should turn to ch. 44 of the Labor Code of Russia. Registration of combination jobs is regulated much more and more strictly than the expansion of service areas or combination. What are the reasons for such increased attention to dual jobs? The fact is that with such an extra job a person exceeds the time limit for labor established by the Labor Code of the Russian Federation. That is why the employer should adhere to certain rules contained in Resolution No. 41 of June 30, 2003 of the Ministry of Labor of Russia. This document relates to part-time employees of cultural institutions, teachers, doctors and pharmacists.
For the inspectors of the personnel department, the difference between combining and part-time lies in the fact that the last of them is drawn up using a separate labor contract. Moreover, this document has its own characteristics. It must necessarily indicate that a person will work for this employer on a part-time basis. If desired, a record of this can be entered in the work book. One caveat. The personnel inspector at the main job makes such a record.
Termination of a part-time agreement is made according to general rules. There is only one exception that applies to the employer. He has one more reason for the termination of labor relations.
Place of work
The concept of "combination and combination" - what is the difference between them? When combining posts or professions, the employer remains the same. In combination, the contract is concluded either with the same or with a completely different employer.
Time to work
Has the combination and combination of the main differences in the Russian Federation and the number of hours provided to complete a given amount of work. In the first case, labor duties are performed in free time. In this case, the employer must take into account the regulations of the Labor Code. This document provides that the working time of a part-time employee should not exceed 4 hours during the day. This is indicated by Art. 284 of the Labor Code of Russia. An employee has the right to establish another mode of work for himself. Nevertheless, during the accounting period chosen by the organization (month, quarter, year), the number of hours during which the part-time worker worked should not be higher than half the standard working time established for employees of this category. For example, it can be twenty hours during a five-day week (with a working day of 8 hours). With more hours worked, they are considered overtime. An exception can be made only in those cases when a person does not fulfill his duties at the main enterprise for some time due to non-payment of salary by the employer or if he is completely removed from them for medical reasons.
At the time of execution, the combination and combination significantly differ. The main differences here lie in the fact that in the second case, the employee is always given eight hours. He must use them both for work and for part-time work. Moreover, he fully performs not only his duties, but also those that are provided for the absent colleague.
Salary
What other nuances have a combination and combination? The main differences in payment should also be taken into account when deciding on the choice of one or another form of part-time work. Those and other conditions are stipulated in the Labor Code of the Russian Federation (Article 285 and Article 151).
Those who work part-time, wages are calculated in proportion to the hours worked. In this case, all conditions stipulated by the employment contract are taken into account. If a person working part-time has been hired for a job where the tasks are normalized, then when calculating wages, the amount of work actually done by him will be taken into account. For part-time workers working in the territory where the district allowances and salary factors are established, they are also taken into account.
In a completely different way, payment for combination is calculated. In this case, its size is agreed upon by agreement of the parties. This takes into account the amount of additional work and its content. It is worth considering that neither the minimum nor maximum sizes of such surcharges are limited by law.
Suppose that the combination is formalized for a position that has a piece-rate wage. In this case, the employer takes into account the number of human-made products, as well as the rates established on it.
The time surcharge is calculated in one of the following ways:
- as a percentage of the salary that the employee has at his main job;
- in solid cash equivalent;
- in an amount equal to a certain percentage of the salary of the position to be replaced.
Vacation
Combining and combining - what is the difference between them in this matter? They are also covered by the Labor Code of Russia (Article 286). As for those people who work part-time, they are entitled to leave only for their main labor activity. Another thing - part-time workers. Here, the Labor Code of the Russian Federation considers some features. So, in a paid annual vacation, the part- time worker should go simultaneously to the main and additional work. And what to do if there is a mismatch in the number of days provided for rest? In this case, the employee may ask his second employer to provide him with days at his own expense.
Compensation and Warranty
Despite having a second job, a citizen of the Russian Federation does not lose social benefits provided by federal legislative acts. All necessary guarantees and compensations remain with him. For example, these are increasing coefficients for those who combine work with training, as well as for those who work in the Far North and in territories equivalent to them. It is only worth bearing in mind that such guarantees for part-timers are provided only at the main place of work.
There are other social benefits that are provided for by labor laws and existing
collective agreements adopted at the enterprise. These compensations are paid both in combination and in full combination. This concerns, for example, sick leave and maternity. Due payments must be paid by employers both at the main and at the additional place of work.
Probation
What else are the differences between combining and combining? In the first case, Art. 70 of the Labor Code of the Russian Federation allows the employer to establish a probationary period. The decision is made by the head. In the case when the position for which the person is drawn up provides for this, the test is assigned to the part-time worker in the general manner. The employer can also make such a decision in case of doubt about the qualifications of the new employee. Such a moment is necessarily prescribed in the employment contract. As for the combination, then no probationary periods are established for him .
Internal combination
Many citizens of our country, seeking to earn money, get additional work directly at their enterprise. If at the same time agreements are concluded and official duties are performed in non-core time, then this type of activity is an internal part-time job. In what cases is it appropriate? For example, a company needs to temporarily replace an employee who is absent for any reason. In this case, the easiest way is to agree on the fulfillment of his duties with his own employee, whose qualifications and competencies do not raise any doubts with the employer. How to arrange an employment relationship in this case? For this, internal combination and combination are suitable. What is the difference between these forms of extra work?
First of all, it is necessary to consider cases in which internal part-time employment is possible. For example, this applies to the situation when the head of a small enterprise performs the functions of an accountant. Of course, such internal combining is possible only with the permission of the body that is responsible for the activities of this company.
Often, additional work on internal part-time work is arranged by cultural workers and medical institutions, teachers and pharmacists. Those employees who have sufficient experience and high qualifications can become internal part-time workers for the same positions as theirs, if there are no restrictions on it in the current legislation.
But sometimes situations arise in an enterprise when an employee works in combination. Moreover, this type of activity may either coincide with his specialty or not. What is the difference between combination and part-time work? In the first case, additional tasks will be performed by the employee only with his written consent.
Certain benefits are possessed by internal combination and combination. What is the difference between these two types of part-time jobs for an employee and an employer? The main difference between internal combining and combining is the time taken to complete an additional range of duties. In the first case, the employee will have to work when he is not busy with the main work. This is fundamentally different from fulfilling responsibilities when combined. In this case, they are performed within the time established by law for the main work.
The differences between these types of side jobs are also in their design. For employment of an employee for internal part-time work, a package of documents is drawn up for him, a list of which is provided for by the current procedure for office work. First of all, an employment agreement is signed between the employer and the employee. It stipulates all the nuances of performing an additional range of duties and the legal status of the employee, defined by labor legislation (rest and work regime, rights and obligations of a newly adopted person, safety rules, etc.).
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