Part-time work: how to properly apply for hiring an employee

In general, the process of dismissing a part-time worker consists of several stages:

1. Receive or formalize grounds for dismissal.

• When resigning on his own, the employee himself writes a letter of resignation of his own free will.
• In case of staff reduction, a part-time employee must be given a corresponding notice 2 months in advance (in general).
• When hiring a main employee, a part-time employee must be given a 2-week notice.

2. Issue a dismissal order.

3. Make a note of dismissal in the employee’s personal card.

The work book must be kept at the main place of work, so a part-time worker does not need to make an entry.

What is part-time work

As follows from the provisions of Article 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee, in his free time from his main job, of other regular paid work under the terms of an employment contract. Part-time work can be internal and external (Article 60.1 of the Labor Code of the Russian Federation). In the first case, part-time work is carried out with the main employer (i.e. the main place of work and the place of part-time work coincide). In the second case, additional work is performed for another employer.

IMPORTANT

Regardless of the type of part-time job, it is always documented in a separate employment contract.

Concluding employment contracts for part-time work is allowed with an unlimited number of employers (Part 2 of Article 282 of the Labor Code of the Russian Federation). This means that an employee can have several part-time jobs. It is also not prohibited to draw up several additional employment contracts with the main employer.

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SZV-TD upon dismissal of a part-time worker

The SZV-TD report is filled out upon dismissal of both internal and external time workers, regardless of the choice of method of maintaining a work record book.

The procedure for filling out the SZV-TD form was approved by Resolution of the Pension Fund Board of December 26, 2019 No. 730p.

The form is submitted to the Pension Fund office at the place of registration of the employer as an insurer.

Who can and cannot work part-time

An absolute ban on part-time work is established for persons under 18 years of age. They can have only one main job (Article 282 of the Labor Code of the Russian Federation). Restrictions have been introduced for some other categories of workers.

Thus, drivers, dispatchers and other persons whose main work is related to driving vehicles or traffic cannot have part-time jobs. But only if the nature of the part-time work is similar to the nature of the main job. Exactly the same restriction applies to persons employed in work with harmful and (or) dangerous working conditions (Articles 282 and 329 of the Labor Code of the Russian Federation).

For lawyers, prosecutors and police officers, part-time work can only be related to scientific, teaching or other creative activities. Any other type of part-time work is prohibited for them (clause 1 of Article of the Federal Law dated 05/31/02 No. 63-FZ, clause 5 of Article of the Federal Law dated 17/01/92 No. 2202-1, clause 4 of Article of the Federal Law dated 30.11. 11 No. 342-FZ).

The following categories of employees require permission for part-time employment. This restriction applies to organizational leaders, athletes and coaches. They must obtain permission for part-time work from the main employer (Part 1 of Article 276 and Article 348.7 of the Labor Code of the Russian Federation).

Check the counterparty for signs of a shell company and the presence of disqualified persons

Also, with the permission of the main employer and in the absence of a conflict of interest, civil and municipal employees can work part-time (Clause 2 of Art. Federal Law dated July 27, 2004 No. 79-FZ, Clause 2 of Art. Federal Law dated March 2, 2007 No. 25-FZ ).

A special ban has been established for heads of state and municipal educational organizations, as well as their branches. According to the article of the Federal Law of December 29, 2012 No. 273-FZ, work in this position can only be basic. It is impossible to occupy it part-time.

Documents that are issued to a part-time employee upon dismissal

At the time of termination of the contract, the employer is obliged to issue the following documents to the dismissed part-time worker:

• a copy of the dismissal order;
• salary certificates prepared in the appropriate form;
• extracts from SZV-M and SZV-STAZH;
• work book (if an internal part-time worker quits both the main and additional work);
• STD-R (if the resigning part-time worker refused a paper work book and chose an electronic format);
• other documents - if the employee needs them and directly relates to his work activity in this organization.

What documents are needed for part-time work?

The list almost completely repeats the list of documents required for employment of the main employee. So, you should request a passport, SNILS and documents on education or qualifications from a part-time worker (if the position requires them). Persons liable for military service must additionally submit military registration documents.

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But there are two differences.

First. The part-time worker does not have to present a paper work record book. This is stated in Article 283 of the Labor Code of the Russian Federation. At the same time, this norm does not mention an extract from the electronic work book (form STD-R or STD-PFR). Therefore, an employee who has switched to the ETC must provide this information during employment (Article of the Labor Code of the Russian Federation).

Second. If a part-time worker takes a job that is subject to any of the above restrictions, you will need a document confirming compliance with them. In particular, when applying for a job with hazardous working conditions, you need a certificate about the conditions of the main job (Article 283 of the Labor Code of the Russian Federation). And the written permission of the “main” employer must be requested from the manager, civil servant or athlete.

ADVICE

In other cases, the part-time worker does not have to confirm that he has a main job. The part-time employer, in turn, is not obliged to check the availability of such work either at the conclusion of the contract or in the future. However, we advise you to ask the employee to write an application for a part-time job. This will protect the employer from possible claims if it turns out that the person did not have another job (Appeal ruling of the St. Petersburg City Court dated November 11, 2015 No. 33-19039/2015 in case No. 2-1825/2015).

Dismissal due to circumstances beyond the control of the parties

In such circumstances, according to Art. 83 of the Labor Code of the Russian Federation applies to conscription for compulsory military or alternative civilian service, failure to be elected to a position, recognition of an employee as completely incapable of work, death of an employer or employee, and other situations:

1. Punishment for an administrative offense or a criminal offense in which further continuation of work activity is impossible.
2. Termination of access to state secrets if it is required for work.
3. Cancellation of a court decision to reinstate an employee to his position.
4. Reinstatement of the previous employee in his position if he was previously dismissed illegally.

They can also be fired under clause 8, part 1, art. 77 of the Labor Code of the Russian Federation, if a person, for medical reasons, can no longer work in his old place, but he refused new positions offered by the manager.

To terminate the contract due to circumstances beyond the control of the parties, an application from the employee is not required. Documents confirming any of the above grounds are sufficient.

Procedure for hiring part-time employees

The same rules apply as when hiring a key employee. This means that the employer must familiarize the part-time candidate with local regulations, conclude an employment contract with him and issue an order for employment in Form No. T-1. It must be remembered that an indication of part-time work is a mandatory condition of such an agreement (Part 4 of Article 282 of the Labor Code of the Russian Federation). Forgetfulness in this part can result in an administrative fine. For individual entrepreneurs - from 1,000 to 5,000 rubles, for legal entities - from 30,000 to 50,000 rubles. (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Fill out and print out an order using form No. T‑1 for free

In addition, the employment contract with such an employee must contain a clause on working hours and rest periods. As a general rule, part-time work can last a maximum of 4 hours a day (Part 1 of Article 284 of the Labor Code of the Russian Federation). Consequently, the working day of a part-time worker will not be subject to the general rules. In addition, Article 108 of the Labor Code of the Russian Federation allows not to provide part-time workers with a lunch break. These features must be recorded in the text of the agreement (Part 2 of Article of the Labor Code of the Russian Federation).

Additionally, we advise you to include in the employment contract a provision on the procedure for resolving issues that arise when sending a part-time worker on a business trip to the main place of work (letter of the Ministry of Labor dated 03/05/18 No. 14-2/B-149). And also stipulate that he is obliged to inform in advance about the upcoming leave from his “main” job.

Also see “A part-time worker is sent on a business trip: when is such a trip possible, and how to register his absence from his second job.”

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Calculation of a part-time worker upon dismissal

Upon dismissal of a part-time employee, the following mandatory payments are due:

• salary for hours worked;
• compensation for unused vacation;
• other payments provided for in the employment contract, collective agreement or local regulations of the organization.

If an internal part-time worker terminates 2 employment agreements - the main one and a part-time one, payments must be made in full for each . All payments must be made on the day the employee leaves .

In what amount and when is severance pay paid, as well as how to calculate compensation for unused vacation, read the article “How to fire a part-time employee: dismissal procedure.”

How to apply for an external part-time job

As already mentioned, the hiring of a part-time worker is formalized with a traditional set of documents: an employment contract and an order issued on its basis. At the same time, both the contract and the order indicate the nature of the work - part-time.

Next, the employee’s personal card is compiled. But an entry about part-time work in his paper work book can only be made at his main place of work. (For information on how to do this and the risks involved, see “Part-time work: dealing with complex issues”). A part-time employer should not enter such information, even if the employee has provided a book and insists on it (Part 5 of Article of the Labor Code of the Russian Federation).

As for the registration of electronic information about work activities, there are no exceptions in this regard for part-time workers. Therefore, after hiring an external part-time worker, you must submit the SZV-TD form (Article 66.1 of the Labor Code of the Russian Federation, subparagraph 2, paragraph 2.1, Article 6, paragraph 2.4, Article 11 of the Federal Law of 01.04.96 No. 27-FZ). For more details, see “How to correctly fill out and submit the SZV-TD form” and “The Pension Fund explained how to fill out the SZV-TD form for a part-time worker.”

ATTENTION

When maintaining personnel records in the web service, you will receive timely reminders about the need to submit the SZV-TD.
If you hire or fire an employee, the program will notify you that a report must be submitted by a certain date. After this, you will be able to fill out the SZV-TD in the program interface and send the report via the Internet. Maintain personnel records in the web service, fill out and submit SZV-TD via the Internet

How should I write an application?

Informing the management of the enterprise about the termination of the contract is carried out by submitting a letter of resignation. The document starts the dismissal procedure and becomes the basis for the formation of an appropriate order. There is no unified application form; it is drawn up arbitrarily. The document contains information:

• name of company;
• Full name and position of the authorized person;
• Full name and position of the employee;
• the employee’s request to dismiss him at his own request;
• day of application.

With standard notification deadlines, the date of dismissal may not be indicated in the application.

If the contract is terminated without completion, the date must be displayed in the document. If there are compelling reasons for immediate resignation or dismissal on a specific day, they should be noted in the application (moving, retirement, etc.).

How to apply for an internal part-time job

This procedure is practically no different from employing a part-time worker “from the outside.” In the same way, a separate (second) employment contract for part-time work should be drawn up. And on its basis, issue an order for employment (Part 1 of Article of the Labor Code of the Russian Federation, letter of the Ministry of Labor dated April 26, 2017 No. 14-2/в-357). If it is drawn up according to the unified form No. T-1, then, as in the case of an external part-time worker, in the line “Conditions of employment, nature of work” you need to make o.

At the request of the employee, an entry about internal part-time work is made in the paper work book. But you don’t need to create a second personal card.

IMPORTANT

When applying for an internal part-time job, you must submit information about employment using the SZV-TD form.
Fill out and submit the SZV-TD via the Internet Submit for free

Should I work for two weeks?

Termination of a contract at the initiative of an employee is carried out according to the usual procedure - the procedure starts after submitting a letter of resignation to the employer. Notification is made within the period specified by law. Mostly the period of information (working out) is two weeks, but can be shortened or extended.

Part-time work does not serve as a basis for canceling work.

In the absence of compelling reasons and agreement with management, the employee is obliged to comply with the established reporting period and carry out his job duties in full during this period. Otherwise, the employer has the right to dismiss due to violation of labor discipline (absenteeism).

Procedure: how to quit without working?

It is permissible to reduce or completely avoid working hours by personal agreement with the employer , since Art. 80 of the Labor Code of the Russian Federation does not prohibit the reduction or absence of the information period. In this case, the day of dismissal must be indicated in the resignation letter.

It is also permissible for external and internal part-time workers to terminate the contract without working out if there are compelling reasons:

• upon admission to an educational institution;
• upon retirement;
• when the employer commits offenses.

The law assumes the possibility of other situations when work becomes impossible. Then it is also allowed to quit without working:

• when moving;
• army conscription;
• formation of occupational pathologies;
• assignment of disability and so on.

The reason for leaving must be indicated in the application.

A part-time worker who is on vacation or sick leave has the right to terminate the contract without working or reduce it. This period will be counted towards the designated notification period.

Work is counted from the next day after the date of receipt of the application by the employer.

Vacation for part-time workers

A part-time worker has the right to receive leave from an “additional” employer simultaneously with leave for his main job (Part 1 of Article 286 of the Labor Code of the Russian Federation). Moreover, in this case, leave from a part-time job must be provided “in advance,” even if the length of service is less than six months. Obviously, in order to receive the benefit, the employee must confirm that he has taken leave for his main job. This can be done either with a certificate from the “main” employer, or with a copy of the leave order.

Please note that the practical application of these provisions in relation to external part-time workers may cause difficulties. The fact is that the Labor Code obliges the employer to warn employees about the upcoming vacation against signature at least two weeks in advance (Part 3 of Article 123 of the Labor Code of the Russian Federation). And no exceptions are made for external part-time workers. But at the same time, data on the rest time of part-time workers is usually not included in the vacation schedule. The reason is that this can only be done after the schedule for the main place of work has been approved.

In this regard, we recommend including in the employment contract with a part-time worker a provision stating that he is obliged to notify about the start date of vacation at his main place of work at least two weeks in advance. This will avoid a fine for late notification of a part-time worker about leave (if he fails to fulfill this obligation). In this case, the notification must be served immediately after receipt of the application for leave, even if there are less than two weeks left before it begins (Part 2 of Article 2.1 of the Administrative Code; see decision of the Ivanovo Regional Court dated March 30, 2017 No. 21-82/2017).

In addition, difficulties may arise if the duration of vacation for the main job is longer than for a part-time job. In this case, a part-time worker (both external and internal) has the right to “equalize” the rest time by taking leave without pay. By virtue of the direct indication of Article 286 of the Labor Code of the Russian Federation, an “additional” employer cannot refuse such an application.

At the same time, the employer cannot “force” send a part-time worker on unpaid leave. Therefore, in the absence of such a statement, the employee must begin additional work immediately after the end of the “part-time” vacation. Even if he still continues to rest due to his main job.

At the initiative of the employer

Dismissal on the initiative of the administration of a part-time employee, both internal and external, is fundamentally not much different from the dismissal of main employees. Regulates the procedure of Art. 81 Labor Code of the Russian Federation. In addition to the liquidation of a company or termination of business activities, it mentions a number of reasons why dismissal may occur.

Quite often people are fired from a part-time job due to a reduction in staff or numbers. The main point here is the need to inform such an employee. The usual period is set at 2 months (Article 180 of the Labor Code of the Russian Federation), and the document requires a personal signature of the part-time worker. There are also shorter periods: for seasonal employees - 7 days (Article 296 of the Labor Code of the Russian Federation), for those who have entered into an agreement for a period of no more than 2 months - 3 days (Article 292 of the Labor Code of the Russian Federation).

Another common reason for the dismissal of a part-time employee is the commission of a disciplinary offense (absenteeism, drunkenness at work), loss of confidence, inadequacy for the position held, and others like that. They are listed in detail in Art. 81 Labor Code of the Russian Federation. The most important thing here is for the administration to collect a sufficient evidence base and document all the negative aspects of working with a part-time worker.

All reasons for dismissal must relate exclusively to part-time work.

If this is an internal part-time job, the dismissal concerns only him and not the main job.

An employer cannot, on its own initiative, part with a part-time employee if she is pregnant; except for the liquidation of the company. Dismissal of a woman with a child under three years of age is possible only in exceptional cases that require proof of her negligent attitude towards labor duties. Similar provisions apply to a number of part-time workers with minor children (Article 261 of the Labor Code of the Russian Federation).

How to fire a part-time worker

A part-time worker (both external and internal) can be dismissed on the same grounds as the main employee: at his own request, by agreement of the parties, upon expiration of the contract, due to various misconduct, etc. For more information, see “How to fire an employee in 2021: step-by-step instructions for the employer.”

Prepare a termination agreement for free using a ready-made template

In addition, Article 288 of the Labor Code of the Russian Federation establishes an additional basis for parting with a part-time employee - hiring a main employee in his place. The employee must be notified of this in writing at least two weeks in advance. Also see: “The Ministry of Labor clarified whether it is possible to fire a part-time worker if a “main” employee has been found for the “joint” position.”

REFERENCE

Is it necessary to fire a part-time worker if his employment contract for his main job is terminated?
No no need. Although it is implied that a part-time worker must have a “main” job (Article 282 of the Labor Code of the Russian Federation), the Labor Code does not provide for such grounds for dismissal of a part-time worker as termination of employment at the main place of work. In terms of documenting the dismissal, the main difference is the absence of the obligation to make an entry in the paper work book of an external part-time worker. However, this does not exclude the need to submit a SZV-TD. This form must be submitted upon dismissal of both external and internal part-time employees.

IMPORTANT

Upon dismissal, a part-time employee must be given the same documents as any other employee (for the list, see the article “Documents upon dismissal of an employee”).
The exception is a paper work book. But information on the STD-R form must be provided. But only if the employee has switched to an electronic version of the work book (see “How to fill out the STD-R form and issue it to the employee”). If the employee has saved a paper version of the document, then he can obtain information about his work activity (in the STD-PFR form) from the Pension Fund, the MFC or through the state portal). Like regular employees, resigning part-time workers (external and internal) have the right to monetary compensation for days of unused vacation. When calculating it, you must remember that only part-time income is taken into account. This is especially true for internal part-time workers. Their employer has complete information about their income and may mistakenly inflate compensation. Note that in this case it will not be possible to recover it back without the employee’s consent (Article 137 of the Labor Code of the Russian Federation).

As you can see, part-time work has many subtleties: a special procedure for hiring and firing, its own rules for granting vacations, restrictions on working hours. Knowledge and thorough implementation of all requirements will allow you to avoid both claims from inspectors and conflicts with part-time workers themselves.

By agreement of the parties

IMPORTANT! A sample notice of termination of the employment contract of a part-time worker in connection with the hiring of an employee for whom the work will be the main one, from ConsultantPlus, is available at the link

The option of dismissing a part-time employee by agreement between him and the administration (Article 78 of the Labor Code of the Russian Federation) is similar to dismissal at his own request: in both cases, in order to dismiss and resign, the desire of the employee himself is required. However, there are also differences.

Either party may propose dismissal under this article. Most often, the employer does this if he has no complaints against the part-time worker and production needs do not require two weeks of work. If the employee agrees with him, an agreement to terminate the contract is signed. Its content is the unconditional termination of employment relations from a certain point in time.

In general, the procedure for calculating and registering a part-time employee is identical to the case of voluntary dismissal. At the same time, the part-time worker must understand the risks. For example, he is deprived of the opportunity to withdraw his resignation letter within a 2-week period.

Features of dismissal

There are two types of part-time workers:

• employees of the same enterprise or internal;
• employees of another company or external.

If an application is accepted from an external employee applying for a part-time job, he is required to present documents confirming his experience and relevant education.

An employment contract is drawn up exactly as for any employee, and can be:

• urgent or having limited validity (for example, until a permanent employee starts working);
• unlimited time frame or indefinite, valid until the employee expresses a desire to terminate the employment relationship.

The dismissal process is largely determined by the duration of the contract or its type (fixed or indefinite).

Difference in registration of dismissal

Despite the fact that the process of ending an employment relationship is basically the same, there are some differences in the systems for dismissing different types of part-time workers.
In particular, they relate to the reflection of the fact of cooperation in a person’s work record. Thus, in the document of an employee who has a main job at another enterprise, there is no need to enter information about dismissal, because his work book remains with the main employer. If the employee needs confirmation of these relationships, then he can ask to provide all the necessary copies and extracts.

If an internal part-time worker is fired, the employer is obliged to make an entry in the work book, since it is kept by him and, accordingly, it is the employer who is responsible for filling it out. The same applies to situations when a part-time worker quits his main job.

The procedure for terminating an employment contract at will

The dismissal of an external part-time worker at his own request is formalized in a certain sequence.

1. Submitting a letter of resignation to your immediate supervisor and getting it approved.
2. Work for two weeks (if the manager has established a work period or the part-time worker does not belong to a preferential category of employees).
3. Issuance of an order signed by the employer and the dismissed person.
4. Making the final payment, which includes payment for days worked in the current month and vacation compensation. Other payments may also be accrued as provided for by the internal documents of the enterprise, such as a collective agreement or a concluded agreement of the parties.
5. On the day of departure, the employee receives all payments due to him.

Application and other documentation

To begin the process of terminating the contractual relationship, the worker needs to write a statement reflecting his desire to leave. The submitted application is recorded by the HR specialist in the accounting journal.

This is also important to know:
Dismissal of a financially responsible person at his own request

Based on the application, an order is issued, which the dismissed person must read and confirm with his signature.

Is work required?

The establishment of a two-week working period is regulated by law, and therefore is quite reasonable. But often employers terminate the contract with the employee on the day the application is submitted or reduce the working time, which is also not a violation of the law.

It is possible to avoid working off or change its duration due to the following reasons:

• agreement with the manager;
• admission to receive higher or secondary education at an educational institution;
• reaching retirement age;
• change of city, region, country of residence;
• violation by the employer of the rights of a subordinate.

Most common mistakes

Mistake #1. The employer is obliged to dismiss an employee without working time if he plans to move to another city.

No, there is no such obligation for managers, so employees must independently plan their affairs, taking into account the possible assignment of two weeks of work.

Mistake #2. A part-time worker may not show up for work on the last day of work, and then come and collect the money owed.

Yes, he can do this, but in this case he will be dismissed on the basis of paragraph a, paragraph 6 of Art. 81 of the Labor Code of the Russian Federation for absenteeism, unless he provides evidence of absence from work for a good reason.

Risks of violating the procedure for dismissing an employee

If internal and external part-time workers are improperly dismissed, the following risks are possible:

• bringing the employer to administrative liability - under Part 1 and Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (for example, if an entry about dismissal is incorrectly entered into the work book);
• bringing the employer to administrative liability - under Part 6 and Part 7 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (for example, for non-payment or untimely payment of all amounts due to the employee);
• financial liability – according to Art. 236 of the Labor Code of the Russian Federation (for example, if amounts due to an employee are paid late, the employer may be assigned interest);
• declaring the dismissal illegal with the subsequent reinstatement of the part-time worker with payment of average earnings for forced absence and other costs, including legal costs (for example, if it is proven that the employee was forced to write a letter of resignation).