How to work two jobs officially – legal regulation and registration procedure

Home / Labor Law / Employment / Hiring

Back

Published: 07/20/2016

Reading time: 9 min

0

3092

Flexible and flexible schedules, as well as shift work, give many workers the opportunity to achieve self-realization and earn money from two jobs at once, combining or alternating them.

This method allows you to be involved in different areas, earn more income and use the available time profitably. Therefore, it is worth considering in more detail the employment of two jobs from the point of view of current legislation, as well as providing answers to some frequently asked questions.

• Legislative regulation
• Types of work Internal
• External

Legal regulation

The Labor Code is the main document defining the right of citizens to dual employment. According to the first paragraph of Art. 60 of the Labor Code of the Russian Federation, an employee has the right to perform part-time paid work in his free time from his main job function. Part-time and part-time work, as well as main employment, are regulated by the relevant agreement with the employer.

The features of regulating part-time work are described in detail in Chapter No. 44 of the Labor Code. This section defines the general provisions regarding employment in two jobs, the documents required for employment, the specifics of remuneration and the restrictions imposed by law.

Types of jobs

Part-time employment is usually classified into external and internal. In accordance with Art. 282 of the Labor Code of the Russian Federation, an employee can work part-time at the place of permanent employment or with another employer. The law allows you to conclude employment contracts with any number of employers (in addition to a number of exceptions provided for by federal laws).

Table 1. Classification of works.

Official work in two places involves employment at different enterprises, that is, external part-time work. This type of labor relationship has a number of features that need to be taken into account by both the employer and the applicant in order to avoid violations.

Watch the lawyer's advice in the video:

Take care of yourself

Before you embark on this difficult path of a permanent worker, it is worth remembering the main rule: replenishing your own strength is one of your most important priorities. If you forget to have lunch (or sleep), then soon the productive worker you were just beginning your heroic journey will be nothing but a shadow. What will happen in this case? Right. There will be no one to work. And at the next turn of fate, one may well expect long trips to the doctors in attempts to cure diseases that have worsened and re-emerged due to the hellish schedule. Therefore, timely fulfillment of your own physiological needs should be no less important for you than getting from the office to the client’s apartment at eight in the evening in metropolitan traffic jams. Even if such a need is jogging, you should not regard it as a whim. The stronger you are physiologically, the more successfully you will cope with the tasks.

Stretching for the back, exercise for the eyes: how to protect yourself from “office” ailments

Rounding down: what is cashback and how banks calculate it

70% of Russians are missing: how much Russians do not have enough to pay their salaries

Internal part-time job

The main feature of part-time work is that it is only possible if the employee has a main position. In the absence, the employer cannot legally hire a part-time worker, even if it is a short-term part-time job or an activity with a free schedule.

This type of part-time job, despite the fact that the employee is located within the same enterprise, is accompanied by the execution of an additional employment contract (in addition to the main one). There is a work schedule, a list of tasks and functions, and deadlines for completion if the agreement is urgent.

Important! An employee cannot work more than 20 hours a week or more than 4 hours a day. Full-time work is allowed only if it is a day off.

In the contract drawn up, the employer must indicate that the employee is working part-time. This is relevant for both external and internal employment. In addition, the manager is obliged to issue a corresponding order and provide the employee with a number of additional documents, including a job description and an approved schedule.

Learn to say no

Without this precious skill, combining two or more jobs will be extremely difficult. Think for yourself: now your employment will increase significantly. But you won't have an extra pair of arms or legs. And you cannot be in two points of space at the same time, no matter how much you might want to. Still, even performing such a superhuman task as simultaneous work in several places must fit within the framework of a person’s physical capabilities. Therefore, only your schedule should be a guide in the sea of ​​​​things - and not a Saturday party or Aunt Avdotya’s request to babysit your niece. This is the only way to maintain balance and precious time.

“2021 will be better than 2020”: Bill Gates identifies two reasons for optimism

Uniqueness and profit: a room for stress relief - is it worth opening a business?

How to Talk to Your Boss About Mental Health Without Ruining Your Career

And here the following problem arises: what will you have to give up in order to be able to continue working at this pace? This could be a Saturday party, or attending a second cousin’s birthday party, or refusing to perform extra work duties for which the boss is not going to pay you. Remember: by saying “no” to what is currently stopping you, you are saying “yes” to your goals, for the sake of which you are now doing the impossible.

External part-time job

The procedure for registering part-time workers is not much different from internal ones. Employment is accompanied by the execution of a contract and accompanying documentation with a note that the employee is employed in a combined position. Employment in a second position can be considered official only if this agreement is in place.

Important! The manager from the main place does not have the right to prohibit an employee from working externally in his free time. Violation of this norm is grounds for contacting the labor inspectorate with a corresponding complaint.

Under what conditions is part-time work not allowed?

Some categories of citizens cannot officially work two jobs. Violation of this prohibition is fraught with fines and other forms of administrative penalties for the employer.

An employer cannot arrange a part-time job:

• 
  citizens who are under 18 years of age;

• persons employed in harmful or dangerous types of work;
• law enforcement officers;
• judicial workers, prosecutor;
• contract military personnel, intelligence officers;
• persons holding leadership positions;
• government members and deputies.

Exceptions are allowed within the limits of the law. For example, civil servants and intelligence officers have the right to perform teaching functions in public educational institutions.

Specifics of maintaining a work book

For the overwhelming number of part-time workers, the issue of maintaining a work book is the most problematic. To solve the problem, you need to refer to Article No. 283 of the Labor Code of the Russian Federation.

The article talks about the fact that a citizen applying for a second job is not required to provide a work permit if it is filled out at the main place of employment. It is also not necessary to issue a new book if the previous one was not opened legally.

Important! If necessary, the employee cannot obtain a work book from his main place of work. However, he can receive certified extracts or a duplicate against his signature.

Experience and benefits: combination possible

An employee who has several work records should remember that in the legislation there is no such thing as parallel work experience. Therefore, he will not be able to present both books to the Pension Fund - they simply will not be accepted.

Calculating the length of insurance and calculating benefits is no less important an issue for holders of several years of employment than the problem of registering a pension. As a general rule, the insurance period for determining the amount of benefits for temporary disability, pregnancy and childbirth includes periods of work of the insured person under an employment contract, work in the state, civil or municipal service, as well as periods of other activities during which the citizen was subject to compulsory social insurance. insurance in case of temporary disability and in connection with maternity (Part 1 of Article 16 of the Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”). And the required periods of work are confirmed by the work book (clause 8 of Order of the Ministry of Health and Social Development dated February 6, 2007 No. 91 “On approval of the Rules for calculating and confirming insurance experience to determine the amount of benefits for temporary disability, pregnancy and childbirth”, hereinafter referred to as Order No. 91) .

However, holders of several such documents may well take advantage of the rules set out in paragraph 2 of Article 16 of the Law “On compulsory social insurance in case of temporary disability and in connection with maternity” (Law No. 225-FZ of December 29, 2006). It states that if several periods coincide in time, counted in the insurance period, one of them is taken into account at the choice of the insured person. That is, payments for sick leave, as well as for pregnancy and childbirth (including a lump sum benefit), as well as parental leave, can be safely received only at one job. Otherwise, your actions will strongly resemble intent aimed at illegally obtaining money or an attempt at illegal enrichment...

“I warn all “two-book” workers who expect to receive a one-time allowance, as well as “children’s” money for both places of work: this is impossible,” confirms graduate student Galina Ivanova

(last name changed at the request of the latter. – Editor’s note). – After all, these benefits are accrued on sick leave, which is issued to a woman at a medical center or antenatal clinic. In turn, the sick leave note indicates which place of work it is for – the main or “additional” one. I was convinced from my own experience that in these institutions it is impossible to explain that you have two main places of work. In my case, the manager, whom I had to contact to resolve a situation that was so unusual in the opinion of the staff of the medical institution, immediately called Social Security, where they confirmed to her that two sick leaves addressed to different (and main) places of work could not be issued.”

However, there is another option for receiving an “increased” benefit - a kind of combination of data from both work books. To do this, you need to bring documents to the company that can confirm the fact of your work during certain periods (order No. 91). Confirmation of your words can be copies of orders on the basis of which a person worked in another company (or extracts from them), certificates from other employers, documents on the deduction of money for social insurance, etc.

Is it possible to have two jobs at the same time?

No law imposes strict requirements regarding the number of work books that a citizen can have. In this case, the more pressing question will be which copy will be considered current and original, since the procedure for calculating seniority will depend on it.

When working part-time, the book remains in the main place. At the request of the employee, entries from the place of the second job can be made. This rule applies regardless of how many jobs a citizen holds. In any case, the law establishes that only one place of work is the main one, while others are part-time.

Part-time job full time

Theoretically, external full-time work is not considered possible. Usually such work is considered as secondary, therefore full payment is not provided. In accordance with Art. 285 of the Labor Code of the Russian Federation, payment to part-time workers is calculated based on actual output or labor time.

Thus, the payment criteria are:

• number of manufactured units;
• volume of work performed (if the activity is not related to the production of goods);
• time worked.

There is an exception in which part-time full-time work is possible. We are talking about a shift work schedule. If such a regime allows an employee to perform the same amount of work at his main and additional jobs, then he can receive a full salary. But at the same time, the second job is still indicated in the employment contract as a part-time job.

Determine what is important to you

Most likely, you found a second job because you need an additional source of income. But don’t forget that besides money, career, experience, connections, and long-term goals also matter. If all this is connected with the first job, you need to do that first.

Sometimes there is a temptation to throw more effort into a part-time job to the detriment of your main activity in order to get money faster. But this is wrong, and such a choice can seriously come back to haunt you later. So it’s better not to miss deadlines, not to shirk and, first of all, to devote time to the work that is important to you in the long term.

Try it