Can a person hold two leadership positions. Are all employees eligible to work part-time? Is it possible to hold two leadership positions in different enterprises? Information from the explanatory dictionary of D.N.

Is it legal to hold two jobs at the same time?

Is it possible in one employment contract contract with a health worker, indicate the two main positions (each part-time), given that the work in both positions will be performed during full-time work?

According to articles 15 and 16 of the Labor Code of the Russian Federation labor Relations arise on the basis of an employment contract and imply personal performance by the employee for a fee labor function.
The labor function must be indicated in the employment contract (Article 57 of the Labor Code of the Russian Federation).

At the same time, labor legislation does not provide for the possibility of specifying several labor functions in one employment contract.
Under the labor function in Art. 15 and Art. 57 of the Labor Code of the Russian Federation is understood as either work by position in accordance with the staff list, profession, specialty, or specific view work assigned to the employee.

In the case under consideration we are talking about about the positions provided for by the staffing table.
This means that the labor function in this case is work in a specific position in accordance with the staffing table.
We get the following ratio: one employment contract - one labor function - one position from the staff list.

Thus, in an employment contract concluded with an employee, only one specific position, named in staffing organizations.

Note that the Labor Code of the Russian Federation does not define such a thing as a rate. Based on the meaning given to this term, work in any particular position during the entire normal working hours is considered to be full-time work. Accordingly, if an employee works part-time, then it is assumed that he must work half of the normal working time, that is, work in this position part-time (a week). Indirectly, our opinion is confirmed in the letter of the Ministry of Labor of the Russian Federation and the Ministry of Science of the Russian Federation of August 23, 1994 N 1623-RB \"On the establishment of additional payments for degrees doctor of science and candidate of science \".

Thus, the condition of working full-time or part-time determines only the length of working time, but does not affect the terms of the employment contract on the labor function. Two part-time jobs do not constitute one full-time job.
Performing work for the same employer also in the second position, in terms of labor law, is either a combination of positions, or an internal part-time job, depending on what time such work is performed.

Let's consider both cases in more detail.

1. The combination of professions (positions) is the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation).
Hence, extra work in a combined position is performed at the same time as the work in the main position. In other words, the condition of combining positions does not increase the length of working time.

Recall that an assignment to an employee of additional work in another position is possible only with his written consent. In this case, the employee is paid an additional payment, the amount of which is established by agreement of the parties to the employment contract, taking into account the content or volume of additional work (Article 151 of the Labor Code of the Russian Federation).
The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days (part four of article 60.2 of the Labor Code of the Russian Federation).

2. An internal part-time job is understood as the performance by an employee, in his spare time from his main job, of another regular paid job for the same employer under a separate employment contract (Article 60.1 of the Labor Code of the Russian Federation).
Thus, the performance of duties in two positions, one of which the employee occupies as a part-time worker, is carried out at different working hours.
Features of the regulation of the work of part-time workers are established by Chapter 44 of the Labor Code of the Russian Federation.
Part-time workers are paid in proportion to the time worked, depending on the output, or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation).

The employment contract must indicate that the work is a part-time job (Article 282 of the Labor Code of the Russian Federation).
When formalizing labor relations with a part-time worker, it should be remembered that Article 282 of the Labor Code of the Russian Federation prohibits part-time work for persons under the age of 18, in hard work, work with harmful or dangerous working conditions, if the main work is associated with the same conditions, and also in other cases provided for by the Labor Code of the Russian Federation and other federal laws.

Features of regulation of part-time work medical workers established by the Decree of the Ministry of Labor of the Russian Federation of 30.06.2003 N 41 \"On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers \".

Prepared answer:
Legal Consulting Service Expert GARANT
Verkhova Nadezhda

Checked answer:
Reviewer of the Legal Consulting Service GARANT
Kikinskaya Anna

November 6, 2009

Are all employees eligible to work part-time? Is it possible to have two leadership positions at different companies?

It should be borne in mind that in relation to employees of certain professions and positions with special conditions and labor regime, whose additional work may entail consequences that affect their state of health or production safety, the heads of organizations, together with the trade union committee, may impose restrictions on part-time jobs. Restrictions may be set for workers employed in work with harmful conditions labor. In the event of a decision to limit part-time work for specified workers an order must be issued in the organization with a list of industries, workshops or specific professions, positions in which part-time work is not allowed.

It is forbidden to perform part-time work for persons under 18 years of age and pregnant women in order to protect their health.

It is also forbidden to perform part-time paid work (except for scientific, teaching and creative activities):

employees of the state apparatus (clause 2 of the Decree of the President Russian Federation dated 04.04.1992 N 361 "On the fight against corruption in the system public service");

civil servants (Article 11 of the Federal Law of July 31, 1995 N 119-FZ "On the Fundamentals of the Civil Service of the Russian Federation");

judges (clause 3, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges of the Russian Federation");

municipal employee (Article 60 of the Federal Law of August 28, 1995 N 154-FZ "On general principles organizations local government in the Russian Federation"), etc.

In accordance with the Regulations on the conditions of part-time work (clause 10), holding two managerial positions at the same time (except for the positions of a foreman) is not allowed, unless otherwise provided by law. This rule corresponds to the norm of the Decree of the Council of Ministers of the USSR of September 22, 1988 N 1111 "On part-time work" (paragraph 3, clause 1).

However, the decision Supreme Court of the Russian Federation of December 14, 2000 N GKPI 2000-1293, this paragraph was declared invalid due to the restriction of the rights of citizens guaranteed by the Constitution of the Russian Federation (Article 37) to free labor, to freely dispose of their abilities for work, to choose the type of activity and profession. Such restrictions may be established by federal law.

In particular, federal law dated December 26, 1995 N 208-FZ "On Joint Stock Companies" to CEO and board members joint-stock company a special procedure has been established for part-time work in two managerial positions, but with the obligatory consent of the Board of Directors (Supervisory Board).

Team management depends on the quality and professionalism of the leadership. Management tools used by persons called or chiefs. It is worth delimiting these concepts or putting an equal sign between them, we will try to figure it out.

Sources give different interpretations (formulations) of these two concepts. The observed unity of opinion is as follows.

The chief is a person appointed to a managerial position, endowed with administrative power and receiving remuneration for his work. determined by law and company regulations. Other persons (staff) are subordinate to him.

He has the following responsibilities:

• to give orders,
• manage the process (for example, labor)
• be responsible for subordinates

For the boss, personal characteristics and continuous improvement of acquired skills are important.

A leader is, as a rule, a profession of a person, a status provided by a formal position and informal positions. The status is determined depending on the duties, rights, conditions. The leader may perform, for example, the duties of:

• chairman of the board
• president

However, the obligations to achieve the result are performed both for remuneration and informally.

The concept of the head of the organization as an employee is defined Labor Code(Article 273). According to him, this individual that manages the organization.

The leader has the following responsibilities:

• manage, organize the work of the entrusted group
• make strategic decisions
• create conditions for the development of the company
• participate in the documentation, distribution of budgetary funds
• represent the team at a higher social level

The work of the head is regulated by the norms of both labor and civil law. Contacts with colleagues, exchange of experience, business meetings - all this is managed by the head. He must have management skills, developed intellect, working capacity, discipline.

From the history

Performing the duties of a leader is considered an ancient profession. Leaders were considered leaders, leaders. Previously, they managed not only the labor process, but also various areas Everyday life subordinates.

Under the authority of modern managers are employees of specific labor collectives(organizations). The profession is in demand in the labor market. The head of the division of the company acts simultaneously as a boss and a subordinate.

Information from the explanatory dictionary of D.N. Ushakov

The head in the dictionary is defined as an official, manager, leader of something. And the leader is like a person who leads something, a mentor.

Common traits of a boss and leader

In many sources, these two words are called synonyms. The line between them is thin, easily erased. The main thing is that both of them - officials involved in the management of the team, sphere, industry. In addition, in addition to educational and managerial skills, they should have the following features:

• creative warehouse (creativity)
• flexible mind
• ability to respond quickly (in critical situations)
• Ability to set goals and lead teams to achieve them
• correspondence moral principles, humanity
• leadership qualities, the ability to lead a group

Both the boss and the leader win if they stay in a positive way.

For both, the following factors are unacceptable:

• incompetence, rudeness
• indiscretion, lack of order
• pursuit of personal advantage
• lack of personal growth

Important for everyone is the correct self-esteem, the absence of excessive ambition and authoritarianism.

Differences in the implementation of rights and obligations

Despite the frequent identification of concepts, there are several points of difference.

Boss:

1. This is a position.
2. Performs duties for remuneration.
3. without participating in a managerial function.
4. Employed according to the contract approved by order.
5. He draws up his own requirements in the form of orders (instructions, instructions).

Supervisor:

1. This is a profession.
2. Performs duties for remuneration and informally.
3. Management function is required.
4. Can work on a voluntary basis (charitable project, children's association).
5. Requirements can be expressed in the form of consultations, proposals,.

Involves working with people. With all the differences, the boss and the leader for successful work are called upon to earn respect in the team, improve professional characteristics.

An effective leadership style also depends on the use of practical activities positive personal qualities.

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