Combination and combination in the new edition of the Labor Code of the Russian Federation. Theory of everything New edition of Article 282 of the Labor Code of the Russian Federation

ST 282 of the Labor Code of the Russian Federation.

part-time- performance by the employee of other regular paid work for
conditions of the employment contract in their free time from the main work.

The conclusion of labor contracts on 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
jobs, as well as other employers.

IN employment contract it is obligatory to indicate that the work is a part-time job.
It is not allowed to work part-time for persons under the age of eighteen, at 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 this Code and other federal laws.

Features of regulation of part-time work for certain categories
workers (pedagogical, medical and pharmaceutical workers, cultural workers)
in addition to the features established by this Code and other federal laws,
may be established in the manner determined by the Government Russian Federation, taking into account
opinions of the Russian tripartite commission for the regulation of social and labor relations.

Commentary on Art. 282 of the Labor Code of the Russian Federation

1. An employee has the right to conclude employment contracts for part-time work with any employers, both legal and individuals(Article 60.1 of the Labor Code of the Russian Federation).

In part 1 of the commented article, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as a special type of labor contract. characteristic features part-time jobs are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. Exception from general rule specified in the Decree of the Ministry of Labor and social development Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to sub. "in" clause 1 of the said Resolution, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational organizations for advanced training and retraining of personnel in the main work time with preservation wages at the main place of work. For pedagogical, medical, pharmaceutical and cultural workers, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without employment position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly payment in the amount of not more than 300 hours. in year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours. in year;

e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty educational organization with additional payment by agreement between the employee and the employer;

f) pedagogical work in the same organization of secondary vocational education, in a preschool educational organization, in an educational organization general education, organizations additional education children and other children's institution with additional payment;

g) work without holding a full-time position in the same institution and other organization, including the fulfillment by teachers of educational organizations of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational organizations, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

h) work in the same educational organization or other children's institution in excess of the established norm of hours of pedagogical work for the wage rate teaching staff, as well as accompanists, accompanists for the training of artists;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the said Resolution).

2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.

3. There is a difference between internal (at the place of the main job) and external (with another employer) part-time job. With internal part-time employment, in addition to the main employment contract, a second employment contract is concluded with the employee - on part-time work - and a separate order is issued on hiring part-time.

Internal and external part-time employment is allowed for the same position, profession, specialty in which the main work is performed (letter of the Federal Service for Labor and Employment dated April 21, 2011 N 1048-6-1). Exceptions are established for employees whose work is directly related to driving vehicles or traffic control Vehicle(part 1 of article 329 of the Labor Code of the Russian Federation), and persons working in jobs with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as harmful or dangerous (part 5 of the commented article).

Part-time work is prohibited:

persons under the age of 18 (part 5 of the commented article);

municipal employee replacing the position of the head of the local administration under a contract, except for scientific, teaching and other creative activity(Clause 2, Article 14 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation");

judges, except for pedagogical, scientific and other creative activities (clause 5, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation");

prosecutors, except for pedagogical, scientific and other creative activities (clause 5, article 4 of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation");

employees of the Investigative Committee of the Russian Federation, except for pedagogical, scientific and other creative activities (part 5 of article 5 of the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation");

members of the Federation Council and deputies of the State Duma, except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation ");

deputies, elected officials working on a permanent basis, except for teaching, scientific, other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum citizens of the Russian Federation");

employees of federal bodies of state protection, except for teaching, scientific and other creative activities (if it does not interfere with the execution official duties), except in cases where the combination is caused by official necessity (clause 4, article 19 of the Federal Law of May 27, 1996 N 57-FZ "On State Protection");

employees of the personnel of the foreign intelligence agencies of the Russian Federation, with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 No. N 5-FZ "On foreign intelligence");

employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank, with the exception of teaching, research and creative activities (Article 90 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia) ");

citizens undergoing alternative civilian service - with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This formulation allows additional work on the terms of internal combination;

heads of internal affairs bodies, departments, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of the Russian Federation and their deputies, with the exception of creative, scientific and teaching activities(Clause 4 of Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions for part-time service (work) in the system of the Ministry of Internal Affairs of the Russian Federation").

Federal Law No. 24-FZ of March 2, 2007, amended a number of regulatory legal acts, in accordance with which it is specified that teaching, scientific and other creative activities, which such persons are engaged in part-time, cannot be financed solely at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty or the legislation of the Russian Federation. This applies to judges, prosecutors, employees of the investigative committee, employees of internal affairs bodies, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, employees of federal courier communications, employees customs authorities, military personnel, deputies of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation, municipal employees replacing the position of the head of the local administration under a contract, state civil servants.

With regard to civil servants, the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" replaced the previously existing ban on part-time work with a restriction. In particular, according to paragraph 2 of Art. 14 of this Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of a governing body commercial organization on a paid basis (with the exception of cases established by federal law).

Similar rules have been established for municipal employees (clause 2, article 11, clause 1, article 14 of the Federal Law "On Municipal Service in the Russian Federation").

It is not allowed to work part-time at jobs with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code of the Russian Federation provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, dangerous), to submit a certificate of the nature and working conditions at the main place of work, which is issued on the basis of a card special evaluation working conditions. Such a certificate cannot be replaced by an extract from the work book, since the name labor function does not always reflect the working conditions of the employee with the necessary completeness.

To a certain extent, the right to work part-time of the head of the organization, who can work for another employer only with permission, is limited. authorized body legal entity either the owner of the organization's property, or a person or body authorized by the owner (see Article 276 of the Labor Code of the Russian Federation and commentary thereto). Some federal laws specify the procedure for such approval. So, the combination of the director, CEO, members of the board or directorate joint-stock company positions in the management bodies of other organizations is allowed only with the consent of the board of directors (supervisory board) of the company (clause 3 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies").

The most strict rule is established by paragraph 2 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". Supervisor unitary enterprise shall not be entitled to hold positions or engage in other paid activities in government bodies, organs local government, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

An athlete, coach have the right to work part-time for another employer as an athlete or coach only with the permission of the employer at the main place of work (see Article 348.7 of the Labor Code of the Russian Federation and commentary thereto).

5. A feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code of the Russian Federation allows, by agreement of the parties, to conclude fixed-term employment contracts with persons entering a part-time job.

Another feature of part-time work is part-time work. Since the regime of work and rest for a part-time worker does not coincide with the generally accepted in this organization, the labor contract of a part-time worker must establish a condition on the time of work of a part-time job.

Full text of Art. 282 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 282 of the Labor Code of the Russian Federation.

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

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of employees (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.

Commentary on Article 282 of the Labor Code of the Russian Federation

1. Part 1 of the commented article contains a definition of the concept of "part-time employment". Based this definition, part-time work is, first of all, the performance of other work in free time from the main work. From this definition, we can conclude that part-time work always implies the presence of the main job, which should be understood as labor activity, which the employee performs during most (main) part of the working time. In addition, the definition of the concept of "part-time work" contains an indication of a very important condition that characterizes part-time work, which consists in the fact that part-time work is another job in free time from the main job. In other words, part-time work should not interfere with the main work.

Part-time work, like the main job, is paid.

2. Part 2 of the commented article implies the right of the employee to perform an unlimited number of part-time jobs, that is, the conclusion of employment contracts for part-time work with an unlimited number of employers, depending on their capabilities and abilities to perform other work.

This right is based on the provisions of the Constitution of the Russian Federation that everyone has the right to freely dispose of their abilities to work (Article 37 of the Constitution of the Russian Federation).

From part 3 of the commented article, the conclusion follows that there are two types of part-time jobs:
- internal - performance by the employee of other paid work for the main employer;
- external - performance by the employee of other paid work for other employers.

Any work, including work in a similar position, specialty, profession, performed at the place of main work (see the Cassation ruling of the Krasnodar Regional Court of August 18, 2011 in case No. 33- 18868/11).

3. In part 4 of the commented article, an element of the content of the employment contract on the performance of part-time work is fixed. In an employment contract for part-time work, there must be a provision stating that the work performed under this employment contract is part-time work.

It should be borne in mind that if the employee stopped labor Relations with the employer at the main place of work, then part-time work does not automatically become the main one for him (this conclusion is contained, for example, in the Cassation ruling of the Krasnodar Regional Court of August 18, 2011 in case N 33-18868 / 11).

4. Part 5 of the commented article defines the categories of workers who are prohibited from working part-time:
- minors;
- employed in work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions;
- other categories may be established by the Labor Code of the Russian Federation and other federal laws.

For example, official duties the head of a state or municipal educational organization, a branch of a state or municipal educational organization cannot be executed concurrently (Article 61 of the Federal Law "On Education in the Russian Federation"); employees of the Investigative Committee are not entitled to combine their main activities with other activities on a reimbursable basis, except for pedagogical, scientific and other creative activities (Article 5 of the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation"), etc.

5. Part 6 of the commented article contains a blanket rule regarding the peculiarities of regulating part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers). These features are established in the manner prescribed by federal law. So, according to the Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers", the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers are determined by the Ministry of Labor and social protection of the Russian Federation in agreement with the Ministry of Health of the Russian Federation, the Ministry of Culture of the Russian Federation and the Ministry of Education and Science of the Russian Federation and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

These features are established by the Decree of the Ministry of Labor and Social Development of the Russian Federation of June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers", according to which, in particular, the duration of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers within a month is established by agreement between the employee and the employer.

Consultations and comments of lawyers on Article 282 of the Labor Code of the Russian Federation

If you still have questions about Article 282 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

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Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free 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. The employment contract must indicate that the work is part-time. It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws. Features of regulation of part-time work for certain categories of employees (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.

Legal advice under Art. 282 of the Labor Code of the Russian Federation

Evgenia Blinova

2 labor \ 2 jobs .. I work 13 at the main job which I am never going to change =) I would like to get another 1 job, but there only officially under LABOR (under a contract, etc. they don’t take it) Actually Question .. . How to make 2 work book? can it pop up? And what could it be... I'm afraid they'll get fired from the first =(

• Lawyer's response:

  First, from January 1, 2002, the "insurance period" was introduced - the total duration of periods of work and (or) other activities taken into account when determining the right to a labor pension, during which insurance premiums were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance experience; Secondly, the calculation of the insurance period required to acquire the right to a labor pension is carried out in a calendar order. If several periods specified in Articles 10 and 11 of this Federal Law coincide in time, one of such periods is taken into account when calculating the insurance period at the choice of the person who applied for the establishment of the said pension. Thirdly, the Rules of Mandatory Individual (Personalized) Registration of Citizens in the Pension Insurance System currently in use make it meaningless to enter fictitious records of length of service in the work book that are not confirmed by the information of the Pension Fund of the Russian Federation. At the same time, such records can serve as a basis for attracting officials organizations and employees to liability in accordance with the legislation of the Russian Federation. Thus, if you get a part-time job somewhere, then it is more expedient to conclude an "employment contract (labor agreement)" with the obligatory indication in it that the work is a part-time job. And on the basis of this agreement, at your request, an appropriate entry can be made in your work book at your main place of work. Which is what would be best for you to do. P.S. For more information about part-time work, see articles 282-288 Labor Code Russian Federation

Claudia Danilova

I am on maternity leave, working at work, there is an opportunity to earn extra money, but only officially, of course I don’t want to quit, +. what to do, can I start a second labor or is it illegal ??? 7

• Lawyer's response:

  Answer: 1. Colleagues have already answered you correctly about part-time employment - it can be internal, that is, within your enterprise, and external, that is, at any other firms. 2. Art. 282 - 288 of the Labor Code of the Russian Federation. Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free 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. 3. In judicial practice many times I have seen people have from 2 to 5, 7, etc. work books. To put it mildly, "illegal" and not good. It is better not to do this, but to do this: 1.) you can conclude an infinite number civil law contracts for the provision of specific services, registration of a work book is not required. 2.) you can conclude an infinite number of civil law contracts - almost the same as the "provision of services", registration of a work book is not required. 3.) fixed-term employment contracts or open-ended employment contracts, depending on labor discipline enterprises. Just say in "their personnel" that the work book is located at the main place of work, and bring a copy of the work book certified by your main employer so that they "do not doubt". Good luck. Sincerely, lawyer, candidate legal sciences, Zinkovsky M. A. (Belgorod)

Konstantin Raskolnikov

Is it possible, referring to the production need, to convince the employee to refuse part-time work at another job? Our child Center works on Mon, Tue, Thu, Fri full day, Sat - until 14h. Weekends - Wed and Sun. Our employee at the Security Council got another job on an urgent TD, she should start working there from September 14th. We have her main place of work. Instead of her, there is no one to put to work in the Security Council in our center. The search for new employees on the Security Council during the summer was not successful. I, as a leader, ask the employee to stay at the main job in the Security Council. They themselves do not want to go to work part-time, but want to work in the Security Council with us. But there she signed the TD, and the new leader screams that they were counting on her, that she was letting them down, etc. And the employee, out of guilt and duty, decides to move to a new place, leaving our center in the Security Council without a teacher. What can be done in this situation? Can I issue an order on the production necessity for her to work in the Security Service? Can she terminate the contract at a new place of work without any consequences? What is the right thing for me to do as a leader (I am an ind. entrepreneur) in this situation? Thank you.

• Lawyer's response:

  You do not have the right to restrict an employee in her desire to work part-time. She has the right to do so in accordance with Article 282 of the Labor Code. But the main place is the main one. And she is obliged to observe, first of all, the mode of operation of her main workplace, and at part-time work - in her free time from her main job. Therefore, you can bring an employee to disciplinary responsibility if she is suddenly absent from work during working hours. So give her a choice...

Vera Efimova

external combination in the position of deputy head. I work as a paramedic on an ambulance. Can I be an external part-time deputy head in another organization?

• Lawyer's response:

  Dear Anna! The Labor Code, article 282 of the Labor Code of the Russian Federation, allows concluding employment contracts in combination with an unlimited number of employers. And so that the inspection and regulatory authorities have fewer questions, they are concluded in accordance with.

Margarita Dorofeeva

IN kindergarten worked as a senior educator from 0.5 rate of a teacher-psychologist. Now they have appointed me the manager.. Should I cancel these 0.5 rates myself???

• Lawyer's response:

  Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers In accordance with Article 282 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, part I Article 3) and Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (Collected Legislation of the Russian Federation, 2003, N 15, Art. 1368) Ministry of Labor and social development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation decides: 1. Establish the following features of part-time work of pedagogical, medical, pharmaceutical and cultural workers part-time job - performance of other regular paid work on the terms of an employment contract in time free from the main job at the place of their main job or in other organizations, including in a similar position, specialty, profession, and in cases where a reduced working time is established (for with the exception of works for which regulatory legal acts Russian Federation established sanitary and hygienic restrictions) ; b) the duration of part-time work of these categories of workers during the month is established by agreement between the employee and the employer and for each employment contract it cannot exceed: working time for the main job is less than 16 hours per week - 16 hours of work per week; - for cultural workers involved as teachers of additional education, concertmasters, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration working week; f) pedagogical work in the same institution of primary or secondary vocational education, in preschool educational institution, in an educational institution of general education, an institution of additional education for children and other children's institution with additional payment; g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational institutions, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.; h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists; i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position. Performance of work specified in subparagraphs "b" - "h" is allowed during regular working hours with the consent of the employer. Well give your consent! ! Who else can give?

Veronika Tsvetkova

Dear personnel officers, please tell me whether it is possible to register a person part-time with a contractual salary?

• Lawyer's response:

  Part-time employment, according to Article 282 of the Labor Code of the Russian Federation, is the regular performance by an employee of other paid work during the time free from the main job. When applying for a part-time job, an employment contract is no different from a regular employment contract and is drawn up in exactly the same way. However, this agreement must specify that this work is a combination. Part-time work can be performed both in the same organization, for example, in another structural unit as well as in another organization or company. In any of these cases, part-time work is necessarily performed on the basis of an employment contract, which is concluded between the employee and the employer. The employee has to conclude as many employment contracts for part-time work as he wants. However, the law limits the daily part-time workload to four hours and the weekly to sixteen. Termination of the employment contract for part-time work occurs on common grounds and regulated by the labor code. To enter a part-time job, an employee must present the following documents to the company administration: passport; document on education received; documents confirming special skills, if any; information about the main place of work; health certificate, if required. An entry about part-time work is entered in the work book at the request of the employee. In this case, the entry is made by the main employer on the basis of the certificate of part-time employment provided by the employee. Payment for part-time work is made in accordance with Article 285 of the Labor Code of the Russian Federation and is accrued according to one of several options: in proportion to the time worked or piecework (upon the fact of the work performed). If the employment contract defines other conditions for calculating wages, then it is calculated in accordance with the contract. If an employee of a certain profession or a certain area is entitled to wage bonuses, then the same bonuses should be accrued when performing part-time work. When working part-time, an employee is often worried about the question annual leave. How should it be calculated in this case? Annual paid leave is granted to an employee working part-time, simultaneously with leave at the main job (Article 286 of the Labor Code of the Russian Federation). If the number of days worked part-time is not enough to provide the employee with vacation (the employee works for less than six months), then the employer is obliged to provide him with paid leave in advance. The order of payment of assistance for pregnancy and childbirth when working part-time deserves special attention. Assistance is paid to a person working part-time on the basis of a copy of the disability certificate for pregnancy and childbirth, issued in the prescribed manner and certified at the main place of work. The employee must also provide a certificate of average salary from the main place of work. The amount of payment at the main place of work and part-time work cannot exceed the maximum amount of the monthly salary from which the insurance premiums were paid. Restrictions may apply to part-time work. Restrictions may be established in connection with the state of health of the employee or specific requirements for the profession, working conditions. Restrictions for part-time work are established for pregnant women. It is forbidden to perform part-time paid work, except for pedagogical, scientific and creative activities, for certain categories of employees: civil servants, judges, prosecutors, etc. A ban on part-time work is also introduced for persons under 18 years of age. Today, one of the most common cases of part-time work is the work of an accountant. One accountant can combine work in two at once.

Veronika Volkova

Please tell me about the translation! We have a part-time worker, we want to make him work on his main job in the same organization! What is needed for this! Thank you in advance!

• Lawyer's response:

  federal Service for Labor and Employment (Rostrud) in letter No. 4365-6-1 dated 10/26/2007. gave the following explanations on this issue: “Based on the definition of part-time work given in Article 282 of the Labor Code of the Russian Federation, part-time work is work under another employment contract in free time from the main job. In order for part-time work to become the main one for the employee, it is necessary that the employment contract at the main place of work be terminated, with an appropriate entry in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. An employment contract concluded at a part-time job must be amended (for example, that the work is the main one, and also if the employee's working hours and other conditions change). In addition, only with the consent of the employee, it is possible to terminate the employment contract for part-time work (for example, by agreement of the parties, by own will), and then the conclusion of an employment contract with other conditions. At the same time, appropriate entries are made in the work book of the employee.

Egor Savvinsky

What is the difference between combination and combination? I get confused all the time when I write orders. Like when right?

• Combination is the performance by the employee, along with his main work, provided for by the employment contract ( job description), additional work in another profession at the same enterprise or institution in the allotted ...

Evgeny Kurganov

Representatives of what privileged professions cannot work part-time? I am interested in construction and installation works: foremen, craftsmen, welders, etc.

• Lawyer's response:

  (on part-time workers) 1. The Labor Code of the Russian Federation prohibits part-time work for persons under eighteen years of age, as well as heavy work, work with harmful or dangerous working conditions, if the main work is associated with the same conditions. Currently, there are a number of federal laws that prohibit part-time work, except for scientific, teaching (pedagogical) and other creative activities: members of the Government of the Russian Federation (Federal constitutional law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation" - SZ RF 1997. N 51. Art. 5712); civil servants (Federal Law No. 119-FZ of July 31, 1995 "On the Basics public service of the Russian Federation "- SZ RF. 1995. N 31. Art. 2990); municipal employees (Federal Law of 08.01.98 N 8-FZ "On the Fundamentals of Municipal Service in the Russian Federation" - SZ RF. 1998. N 2. Art. 224); judges (Law of the RSFSR "On the Status of Judges of the Russian Federation" - Vedomosti RSFSR. 1992. N 30. Art. 1792). Restrictions on part-time work are also established for employees of the Bank of Russia (Federal Law of 02.12.90 N 394-1 "On the Central Bank of the Russian Federation (Bank of Russia)" - SZ RF. 1995. N 18. Art. 1593), for managers security companies and security guards (Law of the RSFSR "On private detective and security activities in the Russian Federation" - Bulletin of the RSFSR. 1992. N 17. Art. 888).

Margarita Stepanova

how to work part-time? I want to get another job, working at the first job, what documents should I provide for a new place. If everything is officially registered there? Do I have to pay any taxes?

• Lawyer's response:

  In accordance with Art. 282 of the Labor Code of the Russian Federation, you have the right to work part-time - that is, to perform other regular paid work on the terms of an employment contract in your free time from your main job. To do this, you just need to conclude an employment contract for part-time work with your new employer (have a passport and diploma with you). The duration of your working hours, by virtue of the provisions of art. 284 of the Labor Code of the Russian Federation will not have to exceed four hours a day, and payment will be made in proportion to the time worked (or under other conditions established in the employment contract). You do not need to start a new work book. Your main work book is maintained by the employer at the main place of work, in which he can also make an entry about your part-time work on the basis of documents confirming such work (for example, an employment contract for part-time work, a copy of the order.) Vacation is provided simultaneously with vacation main job. B / l is paid both for the main job and part-time. Income tax of 13% of your earnings will be withheld from you, and the employer will make deductions to the Pension Fund, Social Insurance Fund, Compulsory Insurance Fund for you.

Vera Lebedeva

question to the comrades from the personnel department inside. I’m getting a job, I can’t give my work book, I want to get another job, they take it officially

• Lawyer's response:

  You have the right to conclude an employment contract for external part-time work on the performance of other regular paid work on the terms of an employment contract in your free time from your main job. (Article 282 of the Labor Code). In this case, the work book is with the employer at the main place of work. At your request, they can make a record of part-time work in it. Leave is granted at the same time at the main place of work. Salary is proportional to hours worked.

Viktor Brovkin

How to dismiss an internal part-time worker without his consent?

• Lawyer's response:

  According to Article 282 of the Labor Code - part-time employment - 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. Part-time work can be performed by an employee both at the place of his main job (internal part-time job), and for other employers (external part-time job). According to Article 288 of the Labor Code, 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 the specified person in writing for at least two weeks before the termination of the employment contract. Prepare a written notice of dismissal two weeks in advance and after these weeks, a letter of resignation.

Larisa Sorokina

Can I work two jobs?

• well, if the need for sleep is gone, then yes, yes, if it doesn’t harm health for at least three Article 282 of the Labor Code of the Russian Federation

Evgeny Miloserdov

Labor law .. Combination can only be with an employee working in this organization (internal), and part-time with an employee of another organization (external)?

• Lawyer's response:

  No, not true. Part-time employment is regulated by Chapter 44 of the Labor Code of the Russian Federation. Article 282 of the Labor Code of the Russian Federation. General provisions on part-time work Part-time work is the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. invalidated since 2006 T. o. , part-time work can be internal and external.

Lilia Alekseeva

When working part-time without the main place of work, is an insurance policy issued in the organization where you are combined

• Lawyer's response:

  According to Article 282 of the Labor Code - part-time employment - 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. There can be no combination, without the main place of work. The personnel department (with the consent of the management) must issue additional agreement to the employment contract in the part that this work is the main one for the employee and only after that issue a medical policy.

Boris Raskoshnykh

I am on maternity leave and work part-time in another place, can I be fired under the article. they don’t take it back and force them to write applications on their own or they will be fired under the article. I work for individual entrepreneur

• Lawyer's response:

  The employer is wrong. Do not write a letter of resignation. As defined in Part 2 of Art. 282 of the Labor Code of the Russian Federation, the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers. At the same time, the employee is not required to coordinate with the employer at the main place of work the number of part-time jobs.

Svetlana Popova

is the part-time employee a full-time employee? We have in staffing the position of a designer is provided - 1 staff unit. The designer works, but part-time (we don’t have a labor one). Is he a staff member??? I need to understand this, because. we need to provide information to the SRO about full-time employees ...

• Lawyer's response:

  Compatibility is regulated. In accordance with Article 282 of the Labor Code of the Russian Federation, part-time employment is the performance by an employee of another regular paid job 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. An employee has the right to conclude an employment contract with another employer to work on the terms of an external part-time job, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws. For example, according to Article 276 of the Labor Code of the Russian Federation, the head of an organization has the right to work part-time for another employer only with the permission of the authorized body of the legal entity, or the owner of the property of the organization, or the person (body) authorized by the owner (Article 276 of the Labor Code of the Russian Federation). Thus, an external part-time worker is a full-time employee if an employment contract has been concluded with him on part-time work.

Lyubov Nikitin

can the employer meet halfway and not enter data into the labor, that is, conclude a TD?

• Why can't you work part-time at the same job? Article 282 of the Labor Code of the Russian Federation The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided ...

Antonina Novikova

How many temporarily absent employees can receive an additional payment per employee

• for one! and everything else is at the discretion of your manager, if you can do the job for three, then the payment is appropriate! Article 282 of the Labor Code of the Russian Federation The conclusion of employment contracts for part-time work is allowed with ...

Valentin Voevoda

Can an infectious disease doctor work part-time in the same position? Yes, this is work with VUT, but the Decree of June 30, 2003 N 41 approved the features of part-time work of medical workers, according to which all medical workers employees, including those with reduced working hours in harmful and difficult working conditions, can work part-time (with the exception of those jobs for which sanitary and hygienic requirements are established).

• The contrary is not established in the norms of the law of the Russian Federation. Therefore, there are no obstacles.

Larisa Dmitrieva

Is sanity sick?

• Daria Tsvetkova

  Friends, it is clear that you are against Putin. You write for whom you are and why. And then some verbiage one!

  • for anyone. Everything will be decided in the 2nd round For Zyuganov. I don't like capitalism. I'm for myself! And because I know well who I am for! "History teaches people that history has taught people nothing." Mahatma Gandhi (02/10/1869 - 30/01/1948...

Leonid Keldyushev

Tell me please! How can school teachers work in two schools? Do they have two work books or what?

• concurrently cannot concurrently. There is only one work book, the director at the main place of work, at the request of the employee, writes it down in the same labor work concurrently simply, concurrently. We read the Labor Code of the Russian Federation Article 282 ...

Bogdan Yakovunyk

What should be a part-time employment contract

• Compiled in accordance with article 57 of the Labor Code of the Russian Federation. And the features are indicated in accordance with articles 282-288 of the Labor Code of the Russian Federation. The employment contract must indicate that the work is part-time. Article 282 of the Labor Code of the Russian Federation. AND...

• Tribunal....Yanukovych has already jumped, this is the next What kind of tribunal, what fighters?

Anastasia Krylova

please help answer this question!! what articles in the code. Worker Gornostaev turned to the employer with a request to work part-time for 4 hours a day. the employer gave his consent, but on the condition of providing part-time work for 2 hours a day, motivating this by the fact that work outside the standard working hours cannot exceed 4 hours for 2 days in a row. Is the employer correct in this case?

• Lawyer's response:

  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. Limitations on the length of 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 this Code or has been suspended from work in accordance with parts two or four of Article 73 of this Code. part-time workers are spelled out in articles 282-288 of the Labor Code of the Russian Federation. See the edition of the TC after 2006.

Vladimir Maleinin

Is it possible for a person to get 2 jobs at the same time, that is, to work officially there and there?

• Can. One work according to a work book, the other under a contract, yes, you can, at least 3 - the law does not prohibit wells if your health is enough. One place is the main one (with a work book). Any number of others - part-time. in one place...

Oleg Napiersky

Question about part-time work. I work as a seller officially by labor in a supermarket. They offered me a part-time job as a merchandiser in the same supermarket from an external employer. To draw up a contract, you need an insurance certificate, tax number, a copy of your passport. Q: Is it legal to work two jobs officially?

Irina Lazareva

how to transfer a part-time worker to a permanent staff? A person is accepted by a part-time job at 0.5 without an entry in the labor. after his dismissal at the main job HOW to transfer him to the main place on a full-time basis? a transfer order will not work because the labor record of acceptance should be ....

• Through layoffs. We dismiss from part-timers and accept in the staff.

Elizabeth Gromova

• Yes. To use drugs and be Russian is an incompatible concept. You're right!

Roman Ogarkov

help answer the question. whether additional leave is due to an employee working part-time for an irregular working day.

• Lawyer's response:

  According to Article 282 of the Labor Code - part-time work - the employee's performance of other regular paid work on the terms of an employment contract in his spare time from his main job. And according to article 284 of the Labor Code - working hours 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 the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of workers. What irregular day can we talk about? Definitely - no.

Denis Sinezubov

What is the name of a two-way job?

• Combination Compatibility. Article 282 of the Labor Code of the Russian Federation. in Russian part-time work

Vasily Kalenkov

Tell me pzhl .... Sources of Law of Ancient Babylon

• Custom was an ancient source of law in the states of Mesopotamia. Along with custom, another source of law appears very early - the law. The laws of the cities of Larsa, Eshnunna, Isin are known. One of the most significant stages in the development of law...

Eduard Trityakov

Why are there huge queues of people wishing to obtain Russian citizenship at the Russian embassy in Ukraine?

• because!

Ludmila Grigorieva

Dear personnel officers and lawyers .. tell me how part-time workers are registered for work? an employment contract is concluded with them, is an entry made in the work book? whether the employer is obliged to provide the original work book at the main place of work for registration as a part-time person in another company. thanks to all.

• Lawyer's response:

  In addition to the answers: In the order and in the employment contract, do not forget to indicate "part-time". This is also useful: The Labor Code of the Russian Federation - Article 282. General provisions on part-time work The employment contract must indicate that the work is part-time work. Article 283. When hiring part-time for another employer, the employee is required to present a passport or other document, certifying identity. 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 training or their duly certified copies, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate of the nature and conditions of work at the main place of work. Article 284. Working hours when working part-time Working hours 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 the monthly norm of working hours (norms of working hours for another accounting period) established for the relevant category of workers. Article 285. Remuneration of labor of persons working part-time labor of persons working part-time, is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract.

Kristina Soboleva

Do they have a right? Wouldn't it be considered recycling? District pediatrician, the norm of hours per day is 7.5 hours. . Also, 4-5 shifts per month + urgency in pediatrics a week per month + permanent urgency in neonatology. Initially, according to neonatology, they put COMBINATION, that is, you come in the morning at 1.5-2 hours. / 5 days examination of newborns, then to the site. Now they have set a PART-time job, that is, those 1.5-2 hours that were in the morning will need to be worked out after the main reception time. Of course, this time will not be paid.

• Lawyer's response:

  Any work must be paid (Constitution of the Russian Federation, Article 37 of the Labor Code of the Russian Federation). Part-time work is not overtime work, since it is performed in free time from the main job, under a separate employment contract. That is, you have completed your main job, you are starting to perform part-time duties. Remuneration for part-time work is made in proportion to the time worked, but not more than half of the monthly norm of hours. For honey. employees, the working hours are determined by the Government, taking into account the position and (or) specialty of the medical worker and cannot exceed 39 hours per week (Article 350 of the Labor Code of the Russian Federation) part-time jobs as a neonatologist with remuneration in proportion to the hours worked. For the protection of your rights, you can contact the GIT. For Leonid. The Labor Code of the Russian Federation contains two different concepts - part-time work (Article 60.1 of the Labor Code of the Russian Federation), which is performed in free time from the main job and combination of positions (Article 60.2 of the Labor Code of the Russian Federation) - additional work that is performed during the main working hours.

Roman Sinepupov

Can theft be called misappropriation of funds?

• Any theft can be called "misappropriation of funds", but not all misuse is theft ...

Egor Levtsov

How is part-time work paid? I work internally. The director signed the order, with payment according to the staffing table. The payroll accountant is against it. He says that you cannot pay the full salary. only according to hours worked. This is half the salary.

• Lawyer's response:

  LABOR CODE Article 282 part-time work can be performed by an employee both at the place of his main job and with other employers. The employment contract must indicate that the work is part-time work. (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws. Article 284. Working hours when working part-time Working hours 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 the monthly norm of working hours (norms of working hours for another accounting period) established for the corresponding category of workers. Limitations on working hours when working part-time established part one of this article shall 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 this Code or has been suspended from work in accordance with part two or four of article 73 of this Code.T. E., a part-time job (internal or external) can only work 20 hours a week (with 40 hour work weeks.) And this is 0.5 rates. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without exemption from work specified in the employment contract With the written consent of the employee, he may be entrusted with performing, during the established working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of this Code). Additional work assigned to an employee in another profession (position) may be carried out by combining professions (positions). Additional work entrusted to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. To perform the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee may be assigned additional work both in another and in the same profession (position). The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee. The employee has the right to prematurely refuse to perform additional work, and the employer has the right to cancel the order to perform it ahead of schedule by notifying the other party in writing no later than three working days in advance.

  Ekaterina Alekseeva

  work accepted jointly resigned from the main month the slave is his place considered the main slave? what needs to be done to make it the main

  • Lawyer's response:

    The issue of transition from part-time to the main place of work is not clearly regulated by law. Therefore, there are two opinions: by drawing up an additional agreement to an employment contract. Based on the changes made to the employment contract, the employer issues an order (instruction) and makes an entry in the employee's work book. Second: through dismissal-hiring. It is necessary to issue an order to terminate the part-time employment contract, make an entry in the work book about the dismissal (if a part-time admission was made). At the same time, the employee needs to make a full settlement, pay compensation for unused holidays, if any. Then accept the employee at the main place of work (conclude an employment contract for the main job, draw up an order for employment and make an entry in the work book about employment. Those who adhere to the second option believe that a part-time contract is a special type of labor contracts, because part-time work has a number of features (in terms of work, payment (which accordingly affects the volume and nature of job duties), the procedure for granting leave, the lack of a number of benefits provided only at the main place of work, etc. ) Therefore, in the transition from part-time work to work at the main place (and vice versa), there is not just a change in one or two essential conditions of the contract, which is formalized by an additional agreement to the existing contract, the essential characteristics of the labor relations that bind the employee change In addition, the employee changes the main place of work, which is always formalized through dismissal-acceptance. Letter of the Federal Service for Labor and Employment of October 22, 2007 N 4299-6-1 The Legal Department of the Federal Service for Labor and Employment reviewed the letter of September 28, 2007 on the application of certain provisions of labor legislation. We inform you the following. Based on the definition of part-time work given in Article 282 of the Labor Code of the Russian Federation, part-time work is work under another employment contract in time free from the main job. the main place of work was terminated, with an appropriate entry in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. An employment contract concluded at a part-time job must be amended (for example, that the work is the main one, as well as if the employee's working hours and other conditions change). In the event that the employee’s work book did not contain an entry about part-time work, then in the employee’s work book, after the record of dismissal from the main place of work, the full name of the organization is indicated as a heading, as well as the abbreviated name of the organization (if any). Then an entry is made on the acceptance of the employee to work from the day the work began with a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time job. In the event that the work book of the employee contains an entry about part-time work made his time at the main place of work, then after the record of dismissal from the main place of work and the record of the full, as well as the abbreviated (if any) name of the organization, an entry should be made in the work book that from such and such a date work in the position such and such became the main one for this worker. In column 4, a reference is made to the relevant order (instruction). In addition, only with the consent of the employee, it is possible to terminate the employment contract for part-time work (for example, by agreement of the parties, at their own request), and then conclude an employment contract with other conditions. At the same time, appropriate entries are made in the work book of the employee

    I think no, I think yes. You need to study the character of your director well, and then you can find out. It's still not clear exactly how you fit into the two jobs. By

    • Lawyer's response:

      A part-time job is an internal or external part-time job. Internal part-time work is regulated by the same articles of the Labor Code of the Russian Federation as external part-time work (articles 60.1, 282-288, 329). In any case, it is drawn up by an employment contract on part-time work. In accordance with Art. 22 of the Labor Code, the employer is obliged to provide employees with work stipulated by the employment contract. In accordance with Art. 72.2 of the Labor Code of the Russian Federation, a temporary suspension of work for reasons of an economic, technological, technical or organizational nature is DOWNTIME. According to Article 157 of the Labor Code of the Russian Federation, downtime (Article 72.2 of this Code) through the fault of the employer is paid in the amount of at least two-thirds of the employee's average wage. Sources of information (here you can read more): 1) 2) http://www.zakonrf.info/tk/157/ Part-time work can be performed by an employee both at the place of his main job and with other employers. The employment contract must indicate that the work is part-time. 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 this Code and other federal laws. Features of regulation of part-time work for certain categories of employees (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations. Article 283. Documents presented when hiring a part-time job When hiring a part-time job for another employer, an employee must 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 document on education and (or) qualifications or a duly certified copy, and when hiring 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. Read the entire Chapter 44. Features of the regulation of labor of persons working part-time Of course, this is complete absurdity. Let her figure out where she has her main job, and where she has a part-time job. In addition, Article 284. Duration of working time when working part-time 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. Limitations 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 this Code or has been suspended from work in accordance with part two or four of Article 73 of this Code.

The text of article 282 of the Labor Code of the Russian Federation in a new edition.

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

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of employees (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 282 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. In part 3 of Art. 282 the words "in other organizations" are replaced by the words "at other employers". This means that in addition to the main work under an employment contract, an employee has the right to conclude employment contracts with other employers, both with organizations (legal entities) and with individuals (individual entrepreneurs, etc.).

In the previous Part 5, the words "established by federal laws" were replaced by the words "provided for by this Code and other federal laws."

Part 5 Art. 282 became part 6, and the former part 6 became part 5.

The fact that the main, most significant features of the labor regulation of certain categories of workers are established by the Code and other federal laws is reflected in the content of the last (sixth) part of this article. Other features of the regulation of part-time work of pedagogical, medical and pharmaceutical workers, cultural workers may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

§ 2. The working conditions of part-time workers (features of labor regulation) were provided for by the Decree of the Council of Ministers of the USSR of September 22, 1988, with an addition of September 17, 1990 (SP USSR. 1988. N 33. Art. 93; 1990. N 26. Art. 127), and the Regulation approved by the Decree of the USSR State Labor Committee jointly with the USSR Ministry of Justice and the All-Union Central Council of Trade Unions on March 9, 1989, as amended on August 15, 1990 and November 25, 1993 (Bulletin of the USSR State Labor Committee. 1989. N 6).

The Code contains norms on part-time employment and provides for the possibility of regulating part-time employment by other federal laws, as well as in the manner determined by the Government of the Russian Federation (for certain categories of employees). In accordance with these acts, the specific conditions of part-time employment for each employee are determined by the employment contract. In this regard, the need to use the above regulatory legal acts is lost. Moreover, their main provisions were used in the preparation of Ch. 44 of the Code.

§ 3. Article 282 contains several general rules on concurrent employment:

1) the concept of combination is formulated;

2) the possibility of combining jobs with several employers is established;

3) two types of part-time employment are determined - internal (in the same organization with which the employee is already in labor relations under the main employment contract) and external - with another employer;

4) it is mandatory to indicate in the employment contract that this work is a part-time job;

5) provides for internal differentiation in the regulation of part-time employment for certain categories of workers;

6) a ban on part-time work is established for a number of categories of workers.

§ 4. In accordance with Part 1 of Art. 282, part-time work is understood as the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

§ 5. Internal part-time employment is possible if there is an agreement between the employee and the employer - the employee's application and the permission of the employer, the conclusion of a second (in relation to the main) employment contract between the same parties.

Signs of internal combination are as follows:

1) work for the same employer;

2) work in a different profession, specialty or position compared to the main job;

3) work outside the normal working hours (more precisely, outside the normal working hours established for the main job);

4) work under another employment contract existing in parallel with the main employment contract.

§ 6. In accordance with Part 2 of Art. 282 the conclusion of employment contracts for part-time work is allowed with several employers, unless otherwise provided by federal law.

Signs of external combination are:

1) work for another employer (other employers);

2) work can be in any profession, specialty, position, including similar to that which is performed at the main place of work;

3) work outside the normal working hours (standard working hours) for the main job;

4) work under another labor contract (other labor contracts) in addition to the main labor contract. At the same time, the main employment contract and employment contracts for part-time employment exist simultaneously.

It is not allowed to work part-time for persons under the age of 18, in hard 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 Code and other federal laws (h 5 article 282 of the Labor Code of the Russian Federation).

Currently, it is forbidden to perform paid work on a part-time basis (except for scientific, teaching and creative activities): municipal employees (see Federal Law of January 8, 1998 "On the basics of municipal service in the Russian Federation" // SZ RF. 1998. N 2. Article 224; 1999. N 16. Article 1933); judges (see Law of the Russian Federation "On the status of judges in the Russian Federation" dated June 26, 1992, with subsequent amendments // Vedomosti RF. 1992. N 30. Art. 1792; SZ RF. 1995. N 26. Art. 2399; 2001. N 51. St. 4834; 2004. N 35. St. 3607)) and to some other persons.

A civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest (part 2 of article 14 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" // SZ RF, 2004, N 31, article 3215).

Deputies working on a permanent basis, elected officials are not entitled to engage in entrepreneurial activities, as well as other paid activities, with the exception of teaching, scientific and other creative activities; deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation cannot hold other public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as public positions of the civil service and municipal positions of the municipal service, be deputies of other representative bodies of state power or representative bodies of local self-government; deputies of representative bodies of local self-government, elected officials of local self-government cannot be deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, and also hold public positions in the civil service and municipal positions in the municipal service. Other restrictions related to the status of a deputy, an elected official may be established by federal law (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation ", as amended by the Federal Law of August 22, 2004 N 122-FZ (SZ RF. 2002. N 24. Art. 2253; 2003. N 27. Art. 2711; 2004. N 35. Art. 3607, N 50. Article 4950, 2005. No. 27. Article 2708, No. 30 (Part I, Article 3104)).

The head of the organization may hold paid positions with another employer, but he needs to obtain permission from the authorized body of the legal entity or the owner of the property of the organization or a person (body) authorized by the owner (see part 1 of article 276 of the Labor Code).

Other restrictions are also established for the head of the organization (see part 2 of article 276 of the Labor Code).

Citizens undergoing alternative civilian service are not entitled to combine it with work in other organizations (see paragraph 4, clause 2, article 21 of the Federal Law "On Alternative Civil Service" dated July 25, 2002 N 113-FZ, as amended by the Federal Law No. 122-FZ of August 22, 2004 // SZ RF, 2002. No. 30. Article 3030; 2004. No. 35. Article 3607).

Features of regulation of part-time work for certain categories of employees are established by separate regulatory legal acts. Thus, the duration of part-time work in health care bodies of medical workers living and working in rural areas and in urban-type settlements is determined by Decree of the Government of the Russian Federation of November 12, 2002 N 813 (SZ RF. 2002. N 46. Art. 4595).

Features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers are determined by the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 (Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 8. P. 48).

§ 8. In the employment contract with a part-time job, as well as in the order (instruction) on hiring him, it must be recorded that this work is a part-time job. This is an essential condition of the employment contract.

No permits are required for entering work in the order of external part-time employment, unless otherwise provided by law.

The next commentary on article 282 of the Labor Code of the Russian Federation

If you have questions under Art. 282 of the Labor Code, you can get legal advice.

1. An employee has the right to conclude employment contracts for part-time work with any employers - both legal entities and individuals (Article 60.1 of the Labor Code).

In part 1 of the commented article, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as a special type of labor contract. The characteristic features of part-time employment are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. An exception to the general rule is indicated in the Decree of the Ministry of Labor and Social Development of the Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to sub. "c" Clause 1 of the said Decree, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational organizations for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work. For pedagogical, medical, pharmaceutical and cultural workers, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly payment in the amount of not more than 300 hours. in year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours. in year;

e) implementation by employees who are not on the staff of the institution (organization), management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational organization with additional payment by agreement between the employee and the employer;

f) pedagogical work in the same organization of secondary vocational education, in a preschool educational organization, in an educational organization of general education, in an organization of additional education for children and in another children's institution with additional payment;

g) work without holding a full-time position in the same institution and other organization, including the fulfillment by teachers of educational organizations of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational organizations, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

h) work in the same educational organization or other children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the said Resolution).

2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.

3. There is a difference between internal (at the place of the main job) and external (with another employer) part-time job. With internal part-time employment, in addition to the main employment contract, a second employment contract is concluded with the employee - on part-time work - and a separate order is issued on hiring part-time.

Internal and external part-time employment is allowed for the same position, profession, specialty in which the main work is performed (letter of the Federal Service for Labor and Employment dated April 21, 2011 N 1048-6-1). Exceptions are established for employees whose work is directly related to driving or driving vehicles (part 1 of article 329 of the Labor Code), and persons working in jobs with harmful and (or) dangerous working conditions, if the work is under the main employment contract also characterized as harmful or dangerous (part 5 of the commented article).

Part-time work is prohibited:

persons under the age of 18 (part 5 of the commented article);

municipal employees replacing the position of the head of the local administration under a contract, except for scientific, teaching and other creative activities (paragraph 2 of article 14 of the Federal Law of March 2, 2007 N 25-FZ "On municipal service in the Russian Federation");

judges, except for pedagogical, scientific and other creative activities (clause 5, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation");

prosecutors, except for pedagogical, scientific and other creative activities (clause 5, article 4 of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation");

employees of the Investigative Committee of the Russian Federation, except for pedagogical, scientific and other creative activities (part 5 of article 5 of the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation");

members of the Federation Council and deputies of the State Duma, except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation ");

deputies, elected officials working on a permanent basis, except for teaching, scientific, other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum citizens of the Russian Federation");

employees of federal bodies of state protection, except for teaching, scientific and other creative activities (if it does not interfere with the performance of official duties), except in cases where the combination of jobs is caused by official necessity (paragraph 4 of article 19 of the Federal Law of May 27, 1996 N 57 -FZ "On State Protection");

employees of the personnel of the foreign intelligence agencies of the Russian Federation, with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 No. N 5-FZ "On foreign intelligence");

employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank, with the exception of teaching, research and creative activities (Article 90 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia) ");

citizens undergoing alternative civilian service - with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal part-time work;

heads of internal affairs bodies, divisions, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of the Russian Federation and their deputies, with the exception of creative, scientific and teaching activities (clause 4 of Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions of service (work) part-time in the system of the Ministry of Internal Affairs of the Russian Federation").

Federal Law No. 24-FZ of March 2, 2007, amended a number of regulatory legal acts, in accordance with which it is specified that teaching, scientific and other creative activities, which such persons are engaged in part-time, cannot be financed solely at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty or the legislation of the Russian Federation. This applies to judges, prosecutors, employees of the investigative committee, employees of internal affairs bodies, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, employees of federal courier communications, customs officers, military personnel, deputies of legislative (representative) and executive bodies state authorities of the constituent entities of the Russian Federation, municipal employees replacing the position of the head of the local administration under the contract, state civil servants.

With regard to civil servants, the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" replaced the previously existing ban on part-time work with a restriction. In particular, according to paragraph 2 of Art. 14 of this Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of the management body of a commercial organization on a paid basis (with the exception of cases established by federal law).

Similar rules have been established for municipal employees (clause 2, article 11, clause 1, article 14 of the Federal Law "On Municipal Service in the Russian Federation").

It is not allowed to work part-time at jobs with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, dangerous), to submit a certificate of the nature and working conditions at the main place of work, which is drawn up on the basis of a special assessment card of working conditions. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

To a certain extent, the right to work part-time of the head of the organization, who can work for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person authorized by the owner, or body (see article 276 of the Labor Code and commentary to it) is limited. Some federal laws specify the procedure for such approval. Thus, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company (clause 3 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies").

The most strict rule is established by paragraph 2 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". The head of a unitary enterprise is not entitled to hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

An athlete, coach have the right to work part-time for another employer as an athlete or coach only with the permission of the employer at the main place of work (see article 348.7 of the Labor Code and commentary thereto).

5. A feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code allows, by agreement of the parties, to conclude fixed-term employment contracts with persons entering a part-time job.

Another feature of part-time work is part-time work. Since the regime of work and rest for a part-time worker does not coincide with the generally accepted in this organization, the labor contract of a part-time worker must establish a condition on the time of work of a part-time job.

Article 282 General provisions about part-time work

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

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of employees (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.

Article 283

When applying for a part-time job with another employer, the 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 document on education and (or) qualifications or a duly certified copy, and when hiring with harmful and (or) dangerous working conditions - a certificate of nature and working conditions at the main place of work.

Article 284

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.

Limitations on the length of 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 this Code or has been suspended from work in accordance with parts two or four of Article 73 of this Code.

Article 285

Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract.

When establishing persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed.

Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account these coefficients and supplements.

Article 286

Persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then leave is granted in advance.

If at a part-time job the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him leave without pay of the corresponding duration.

Article 287. Guarantees and compensations for persons working part-time

Guarantees and compensations to persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.

Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

Article 288. Additional grounds for termination of an employment contract with persons working part-time

In addition to the grounds provided for by this Code 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.