Any adult Russian can work part-time. The legislation does not prohibit conducting activities in several positions and even in various fields. Such employees are considered full members of the team. They have the same responsibilities as their colleagues, but with some features. Read more about how to arrange internal part-time job at the company, read on.
Essence
If an employee performs tasks not only those that are laid to him by the official salary, but also has additional responsibilities, then he is a part-time job. That is, has secondary employment. In order to formalize the work on internal part-time employment should be permanent, paid, drawn up by contract. If one person performs work in two positions at the same time, then we are talking about internal part-time work. If an employee works at once at two firms, then there is an outward combination.
Part-time job may be within the same position, but with a double salary. In this case, the employee simply takes on additional hours of work.
Legislation
According to the Labor Code of the Russian Federation, any citizen has the right to take on additional labor duties in his spare time from work. This type of relationship is called a combination. It means that the employee formally takes on additional responsibilities.
“Combining” and “combining” are different concepts. In the first case, we are talking about the fact that a person takes extra hours of work, and in the second, that the employee must fulfill all duties during working hours for an extra charge.
Who can NOT become a part-time?
Before properly registering an employee’s internal job combination, you need to make sure that he is not included in the exclusion group. The fact is that not every citizen can be a part-time worker. Exceptions include:
- minors (persons under 18 years of age);
- representatives of professions with a high level of responsibility (lawyers, judges, transport workers, special services);
- employees of state and municipal organizations;
- military personnel;
- persons working in difficult conditions;
- members of the Government of the Russian Federation.
If a company has a vacancy, the employer may offer a particular employee to become a part-time job. The last word will remain with the employee.
How to arrange internal part-time: preparation
Since internal part-time employment provides for an increase in wages, this type of activity should be formalized on the basis of a written agreement. The TC provides clear guidelines for concluding an agreement. First, the employee concerned must write a statement addressed to the employer. A sample document can be taken in accounting. Secondly, before applying for an internal job with one employer, the personnel department may require documents confirming that the employee has qualifications. But they do not have the right to re-require a passport or labor demand. The employee provided these documents upon initial application.
Contract
If the application is approved by the director, a special labor contract will be concluded with the employee . It should indicate that the written agreement relates exclusively to part-time work. You should also indicate:
- opening hours for a new position;
- list of responsibilities;
- rest mode;
- the procedure for receiving a salary;
- terms of termination of the contract;
- validity period of the document;
- vacation period.
Such a document is valid for a limited time. At the end of the specified period, you will need to re-pass the registration procedure. Fixed-term contracts are executed for the period:
- seasonal work;
- performance of another's duties;
- emergency response;
- work outside the country.
A fixed-term contract can be concluded not only with a part-time job, but also with employees who:
- perform seasonal work;
- sent to work abroad;
- works in a small enterprise of up to 35 people;
- are retired.
The TC does not spell out how to register it in the contract. The maximum term of the contract may not exceed 5 years. As a limitation, the document specifies the end date or a specific event, for example, the employee’s exit or the completion of seasonal work. The wording "Until manager Petrov comes to work with administrative leave" is allowed, etc.
Supplementary agreement
Sometimes the combination is drawn up by an additional agreement. It cannot exist without a basic contract. The combination provides for the implementation of the amount of work in excess of the norm during working hours. Additional agreement may be required if second jobs become the main work. But in this case, it is more correct to first complete a complete dismissal, and then accepting for a new position.
From a legal point of view, the signing of an employment contract is not assigned to the employee a new status. For the changes to take effect, it is necessary to issue an order for internal combination.
Order
In order to properly execute internal part-time work, you need to issue an order stating:
- director passport details;
- number and date of order;
- employee data
- Job title;
- work department;
- contract time;
- operating mode, hourly normalization;
- reference to the main employment contract.
The document must be signed by the director and employee. Each party to the transaction should have its own copy. Three working days are allocated for the registration procedure.
Part-time employment
There are situations when a position remains vacant for a long period of time, and the company has employees who carry out this work with sufficient experience. qualifications and skill sets. In this case, you should ask how to arrange internal part-time employment with one employer for one position.
If the second position is identical, then the issue of combining jobs will cause a lot of difficulties due to amendments to the Labor Code. Under the law, part-time is understood as the execution by an employee of a process that is different from the position held. That is, both works should be opposite to each other. Therefore, employers draw up this operation at their own risk. If the company is subject to inspection by the labor inspectorate, such cases will be checked in detail. If the inspection determines that the employer intentionally deprives the employee of the right to additional wages, then penalties will be imposed on the organization.
In order to protect themselves from such situations, the leader must rely on objective grounds when registering part-time jobs. Working conditions should be beneficial for the employee. It is equally important to properly draw up documentation so that additional hours of work do not overlap with the main employment. Labor must be paid in the amount of at least 1/2 of the salary of the additional position, including all allowances and surcharges. The employee must retain all social benefits and letting go, and for both posts.
Limits
The number of jobs of part-time workers is not legally limited. The length of the day of the part-time worker may not exceed four hours per day. If an employee is relieved of his main job one day, he will engage in additional activities full time. But for a month, the duration of work should not exceed 1/2 of the standard time established for this category of employees.
Limits can not be respected if the employee in the main job:
- suspended activities due to delayed payment of salaries;
- suspended for health reasons for a maximum of four months;
- He is a director, deputy, chief accountant and holds another managerial position.
There are also separate job limits. In particular, they cannot work concurrently:
- director of a unitary enterprise;
- head of the security bureau;
- Head of state and municipal educational institution.
All other senior managers may work concurrently only with the permission of the authorized body or the owner of the organization.
If the organization still accepts an employee who is subject to exceptions, you need to fire him.
Termination of the contract
Having figured out how to get an internal part-time employee, we turn to the issue of termination of the contract. Dismissal of a part-time is executed in the usual manner. To terminate the employment relationship, one of the parties requires the termination of the contract. If the agreement was concluded for the period of seasonal or temporary work, then with their completion, the contract also expires.
If the organization does not plan to continue cooperation, then it is obliged to notify the employee at least 3 calendar days before the time of dismissal. The notice is made out in writing and is handed personally to the employee. If the employee refuses to sign the act of dismissal, then it is necessary to draw up the act of refusal and give it to the signature of two witnesses. This will serve as proof of receipt of notice. Next, an order is printed in which the details of the notice of termination of the contract are indicated as the basis. Already on the basis of this document, entries are made in the work book and the employee’s personal card.
How to issue internal part-time in 1C 8.3
Since April 1, 2015, Klimova I.N. has been accepted into the LLC as an accountant to work as a part-time job at 0.5 rate. The size of the full salary is 20 thousand rubles / month. Schedule - 5 weekdays for 4 hours. Let's consider how to issue internal part-time in 1C.
The first step is to add a new employee in the directory “Individuals”. To do this, click on the "Add" button and step by step enter the data: F. I. O., date of birth, gender and check the box "Staff member". The "Organization" field is filled in automatically, and the "Personnel number" after recording the card is placed next in order. It also lists the TIN, passport details, number of the pension certificate and other data, for example, a disability group, etc.
On the second tab "Place of work" all data on working conditions are filled . An “Employment Order” is automatically created. How to issue an internal combination? In the field "Type of employment" should indicate "Internal combination". It also indicates the unit of work, schedule (0.5 rates), the period of the probationary period. Correct filling of these fields affects the correct calculation of salaries in the future.
The details of the employment contract are assigned automatically. In case of execution under a fixed-term contract, the end date should be filled.
At the next stage, information about the charges is indicated: their type, size, list of premiums. If the part-time salary is set, then you need to select the calculation "Salary by the hour" and set the full rate. When calculating the salary, it will be recalculated based on the number of working hours.
How to issue an internal combination? After filling in all the data, click on the "Finish" button. Information about the employee will fall into the database of individuals. An employment order will be automatically generated. it remains to print and sign.
Payroll
Having figured out how to record internal part-time in 1C, let us determine how the salary calculation for an employee is carried out? For example, in April 2015, an employee worked 87 hours out of 175 full-time hours. Accrued salary will be: 20,000 / 175 * 87 = 9942.86 p.
All accruals will be carried out by the document "Calculation of employee salaries."
Internal combination: how to arrange a vacation?
The employee has the right to leave after six months of continuous work in the organization. Earlier this time, part-time vacation workers may be provided. that this period coincides with vacation at the main place of work. This is a part-time right, not an obligation. That is, he can go on vacation at his main place of work and continue to work part-time. And vice versa. If the number of days of rest at the main place of work exceeds the allowable part-time vacation, then the difference should be covered by the vacation "at your own expense."
According to the standard scheme, vacation pay is calculated if there is an internal combination. How to arrange a vacation?
At the first stage, the time of actual work is calculated. Holidays and non-working days are deducted from this period. Next, the total amount of the salary received on hand is determined, net of taxes and other deductions. Total earnings are divided by the actual hours worked for the previous calendar year. The average daily salary is multiplied by the number of vacation days.
Example
Since November 4, 2015, an employee of the company, who was employed back in 2012, took a second job at another enterprise. From the second of June, he has been granted annual leave of 24 days. As of the reporting date, the amount of his actual earnings amounted to 78 thousand rubles. in the main place and 12 thousand rubles as a part-time job. We calculate vacation pay.
The estimated period is the amount of earnings from June 2015 - May 2016. For the reporting year, 10 holidays fell.
Holidays at the main place of work = (78000 / (365-10)) * 24 = 219.72 * 24 = 5273.28 rubles.
When calculating vacation part-time will be taken into account the full months of work. Since the employee was employed in November, December 2015 - May 2016 fall into the reporting period. This period accounts for 8 holidays and non-working days.
Holiday part-time workers = 12000 / (182 - 8)) * 24 = 68.57 * 24 = 1645.68 p.
Benefits of Combining
The presence of additional time and the features of drawing up a part-time agreement give the employee the opportunity to "switch" between labor tasks, paying attention to the priority issue. This approach effectively affects the personal development of the employee.
If you register an employee on internal part-time work, then it will be possible to conclude any labor agreements with the employer, even if they change the type of employment.
If one of the occupied positions is liquidated, then the employee should be able to renew the contract with the employer, fixing the remaining position as the main one. That is, the combination allows the employee to obtain a certain financial and professional stability.
But the benefits of the combination is not only the employee, but his employer. In particular, he pays less taxes and saves payroll.