Part-time work and its design in accordance with the law

When labor services are provided once or last for some time, but are not of a permanent nature, it is too early to say that part-time work is being carried out.

It is the constant nature of work not at the main place of employment, its regularity, that gives the right to conclude a part-time agreement. In addition, this work is not carried out during working hours, but in free time from it, even if you perform an additional amount of work where the main place of employment is located. The relations of the employee and the one who provides the work acquire such a nature when an agreement is concluded on the performance of part-time duties. This condition must be reflected in the contract.

When the nature of labor relations develops into part-time work

If at work, for example, a translator, they will conclude an agreement with you to translate an additional volume of characters, then this will not be part-time work unless they require, in addition to additional time, regular (non-one-time) performance of duties. Only when the contract will stipulate that the terms, amount and payment occur outside the scope of the main work - then the work can be considered a combination.

Types of work. A part-time job may be at the same job where the main work (internal) takes place, or it may be at another enterprise (external part-time job ).

Terms of the contract . The term of the contract must be indicated, as well as the fact that this is part-time work. The term may be limited by any date, or may be unlimited (unlimited). This is agreed by both parties. You can conclude a contract for part-time services with as many employers as you can afford. The law does not limit their number.

Documenting

Part-time work cannot be executed if a person works at work related to harmful conditions, and part-time work is also harmful. A worker who is not yet 18 years old may not be a part-time worker.

An entry in the work book about part-time jobs can be made, but if a person does not want to make an entry, then the legislation does not oblige him to this. The book will still be kept at the main work. The record is made in the place where the place of the main work is located (based on the presented certificate).

If a manager leaves for part-time work, then he must obtain written permission from a higher organization.

Holiday deals and work

Legislators combined vacation on the main job and laid vacation where the part-time job is located. Even if the vacation period has not yet come, they must add it to the main one. If an employee is entitled to benefits under labor law, they are also given to him where a part-time job is provided.

If a person works at the main job, carrying out someone else's duties instead of another employee, then this is not considered a combination. The same applies to the performance of someone else's duties. Usually, the performance of other people's duties also does not require additional time and is formalized by a simple order of the head. It is possible to perform part-time work, but this is always accompanied by the execution of the contract. Payment, its size and terms of payment are not specified by law.

The initial contract (of labor) for permanent work does not change in any way, even if part-time work occurs in the same work. The nature of the work, its execution and organization, the risks associated with its implementation, is assumed by the person who performs this work. The necessary security or equipment needed to carry out this amount of work is provided by the employer.

Source: https://habr.com/ru/post/K7179/


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