What is the main place of work. Is it legal to work two jobs?

We have hired an employee. concluded with him labor contract at the main place of work. When registering, the employee did not give us a work book, arguing that the previous employer had not yet given it to him (he promised to send it by mail. And since May, everything has been sent). Employee today legal department learned from the previous employer that "our" employee is still officially on his staff. Question: 1) What should be our further actions in order to exclude incorrect recruitment of an employee. Perhaps renegotiate the contract, taking into account the combination? 2) What legal risks exist in our situation.

Answer

1. In connection with the violation, it is necessary to terminate the contracts under. The presence of two main places of work for an employee is unlawful, since, according to part-time employment, the employee performs another regular paid job on the terms of an employment contract in his free time from his main job.

2. The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law ()

3. There are no legal risks when eliminating violations.

The rationale for this position is given below in the materials of the "Personnel System" .

The procedure for working part-time

What are the features of part-time work

When part-time, the employee, in his free time from his main job, performs other regular paid work under a separate employment contract ().

Part-time, subject to the established restrictions, you can engage in:

at the place of main work - internal combination;
in other organizations - external part-time work.

“Claiming documents from an external part-time job

What documents are required for hiring an external part-time worker

When hiring an external part-time job, require:

passport or other identity document;
a document on education or a copy thereof, when applying for a job requiring special knowledge;
a certificate of the nature and working conditions at the main place of work when hiring with harmful or dangerous working conditions.

Such a list of documents is established in the Labor Code of the Russian Federation.

An external part-time worker should not provide a work book (). At the request of the employee, information about part-time work can be entered in the work book at the place of main work (). To do this, provide the employee with a document confirming part-time work. What document is this Labor Code RF does not define. Therefore, it can be anything: an employment contract, a certificate, a copy or extract from an employment order, etc., provided that it contains all the information sufficient to make an entry in the work book. ”*

Professional reference system for lawyers, in which you will find the answer to any, even the most difficult question.

Home → Accounting advice → Part-time jobs Update: January 17, 2017 We will immediately make a reservation that we will not find a direct answer to the question of whether there can be two main jobs in the Labor Code of the Russian Federation. Moreover, the current labor legislation gives the employee the right to work simultaneously in several jobs (positions). However, this should not mislead either the employer or the employee. Officially allowing the employee to do such actions, the legislator establishes the features of simultaneous work in several places. Differences of part-time work from the main job Fulfillment of labor duties for two, three, etc. employers is called the special term "part-time job" (part 2 of article 282 of the Labor Code of the Russian Federation).

Can there be two main jobs

If an employee directly servicing cash or commodity values, hiding the fact that there is another permanent place work, asked to issue a new work book, then he may be dismissed due to loss of confidence (clause 7, part 1, article 81 of the Labor Code of the Russian Federation). In any case, if a decision is made to continue relations with an employee who hid the fact of working for another employer, then it is necessary to reissue the documents and transfer the employee to part-time work.
If the employee refuses to reissue documents or the nature of the work requires the presence of the employee at work full-time, then the relationship can be terminated in accordance with clause 11 of part 1 of article 77 of the Labor Code of the Russian Federation.

Is it possible to have two main jobs?

And in any other industry - easily. Please note - in any case, a part-time job should not strike at the main place of work. The Labor Code also states that in case of employment in several places, a conflict of interest in the chosen areas is unacceptable.

Attention

Otherwise, they have the right to deprive you of a part-time job. Or main job. And without it, as it has already become known, it is impossible to find a job in several places at the same time.

Practice Is it possible to work at two jobs officially? As we have already found out, almost all citizens have such an opportunity. And even the law does not prohibit having a part-time job. Moreover, it is encouraged - from all sides you are entitled to social guarantees.

Info

But how are things in Russia in reality? Practice shows quite an ambiguous picture. Legally, you can officially find a part-time job.

And even a few.

Can I legally work two full-time jobs at once?

An employee works at the same enterprise, but at the same time performs different functions. IN labor agreements the employer is the same organization.

The option is quite simple to design and comfortable for both parties. A person has one job in fact, but performs several work functions.

There are also no difficulties with the execution of a work book, since it is stored in both work options in one place. Another advantage is that there is no need to reassemble the package. necessary documentation, the employer can independently make duplicates of the necessary papers.

External.
In this situation, the employee enters into two employment contracts with different enterprises. Accordingly, jobs will be located at two different addresses.
This option is much more complicated than the first one, it requires separate paperwork for employment.

Is it possible to officially work at two jobs and is it legal?

If this is done in circumvention of the law, sooner or later the following violations may “surface”:

rules for issuing and maintaining labor;
insurance regulations (pension and medical);
accounting of working time;
use of false documents;
accounting irregularities, etc.

Each violation provides for a certain article of civil labor and tax codes and appropriate punishment. Possible legal option The only way to legally perform several full-time jobs at the same time is to conclude in another organization not an employment, but a civil law contract.

As a result of the conclusion of such an agreement, the employee does not enter a certain position, but undertakes to provide a particular service at a particular time.

Is it possible to officially work at two jobs at the same time: part-time

For example, if a person has two jobs, then the total number of hours spent on each of them should not be more than half of the working time by law. Who cannot be a part-time job The law provides for some categories of employees who cannot hold additional positions as part-time workers:

young workers under the age of 18;
the specifics of the main production (harmfulness, severity) does not allow applying for additional employment;
medical indications (prohibitions);
special situations prescribed in federal legislative acts.

Read more about the interpretation of working time under the Labor Code in a separate article.

Issues related to the work book A document that takes into account the length of service and positions held is started and stored in the personnel department of the main work.

Is it legal to work two jobs?

In such a situation, the question arises: through whose fault such a violation occurred. If the employee hid the fact that he had a main job and the employer was in good faith mistaken, then he does not face any risks.

Important

He only needs to take certain actions, from the moment he learned about the employee’s main place of work, to correct the existing violation labor law(the procedure will be described later). If the employer knew that the employee already had a main place of work, but nevertheless signed a second employment contract with him as with the main employee, then there is a possibility that the employer may be attracted to administrative responsibility for violating labor laws.

For this administrative offense, they are held accountable under article 5.27 of the Code on administrative offenses RF.

What threatens work on two work books?

TVS 2012-11-03 15:52:46 As soon as you answer the question, I'll give you a link. Although in principle, there is no problem. ERISTARH 2012-11-03 15:54:48 What does it have to do with work books, you don't know it's better not to write anything at all, otherwise you found a reason to write, you don't need to deviate from the question and lead others into other jungles, I'm not an expert, I'm a beginner, work books are still valid, I agree, but no one will punish you if you have 30 work books, and no company will understand and find out why you have a new work book. I'm interested in the answer to my question...
If, however, the employment contract is terminated, the employee is paid severance pay in the amount of the average monthly salary. If the violations occurred due to the fault of the employee, then it is not necessary to offer another job or pay severance pay. Details in the materials of the Personnel System: 1. Answer: How to arrange the transfer of an employee from the main job to a part-time job within the organization. That is, the main employee becomes a part-time N.Z. Kovyazina Labor legislation of the Russian Federation does not provide for the direct transfer of an employee from the main job to a part-time job with the same employer.

A person works at two jobs at the main place of work

In fact, everything is much simpler. It should be clarified that with part-time work, one type of activity is always considered the main one (original work), and the other - additional. In the first case, the relationship is formalized through a work book, in the second - with the help of an employment contract, obligatory item which is a note that the employee's activity is carried out part-time.

The nuances of part-time registration Now that you know whether it is possible to officially work in two jobs, you need to clarify additional nuances of combining. First of all, you need to specify the schedule officially authorized by the TC. So, for additional work, a citizen is allocated no more than 4 hours a day, provided that before that the employee performed his direct duties. labor obligations during a full shift.

Comment.

A person is an endless source of labor force of an enterprise, firm, organization, but not every citizen of society can become an employee. There is such a thing as labor resources. The labor force does not include the elderly and children, and the labor force does not include persons who have lost their ability to work or people who have been treated for a long time. Human Resources make up about 57% of the country's population. (Russia).

There are also concepts such as main Job and part-time.

Main Job, in simple terms, is the place where the work book of a certain employee lies. It is until the termination of the employment contract between the employer and the actual owner of this work book, that is, the employee himself.

Many Job Young people are thinking about additional sources of income, not wanting to part with an existing place work. The motivation for such a decision may also be an insufficient number of Money paid by the organization, increased household expenses, and simply free time, remaining after the main work.

Work not to the detriment of the main work is additional, often managers do not interfere with such a decision of the employee.

There are also distinctions between part-time work and combination of positions.

Compatibility - this is a separate labor contract, in parallel with the existing main contract, there may be several employers. This Job always carried out in free time from the main work.

The combination of positions (professions) is carried out within the same contract, and within working hours, and with one employer.

Consider the main differences between combination and combination:
Condition work. When combined, place work it can be inside the organization (internal part-time job), and at other firms, enterprises (external part-time job), and there can be several firms where the employee works. For example, a journalist Job i'm on the main work, maybe Job be a freelancer for another magazine, Job I am a radio correspondent. The combination is carried out strictly in the organization at the main place work.

Conclusion of an employment contract. With a combination of jobs, an employment contract is mandatory for conclusion (Article 282 of the Labor Code of the Russian Federation), it is also permissible to conclude an open-ended employment contract (Articles 58, 59 of the Labor Code of the Russian Federation).

When combined, an additional agreement is drawn up to the existing main contract. This agreement establishes a deadline for the implementation of additional work, volume work explains its content. Necessary written agreement employee when agreeing an agreement with the employer (Article 60.2 of the Labor Code of the Russian Federation).

Admission order for work. In combination - the form of an employment contract N T-1
When combining - an order to establish a combination of professions (works, duties, positions) in the main activity.
Recording in work book. When combining, a statement is required from the employee according to his main type work(Article 66 of the Labor Code of the Russian Federation)
Merge does not record

Probation. In case of part-time work, the probationary period is established by agreement of 2 parties (employee and employer).
Registration of a personal file / personal card. In case of part-time work, if the employee is on an internal part-time job, it is allowed not to draw up a new personal file, but it is desirable to issue a personal card. If an employee carries out an external part-time job, he draws up everything - both a pack with the employee’s personal data, a personal file with data, and a personal card.
When combined - a new case does not start, data on additional work indicated in the already existing personal card of the employee.
Salary. When combined, it is produced depending on the output, from Job a certain time, can also be carried out on various conditions stipulated by the employment contract.
When combining, an additional payment is established, the amount of which is regulated by the agreement of the parties.
Vacation. When combined, leave is simultaneously provided with the main leave for the main work.
When part-time, vacation is not granted, the payment of vacation occurs taking into account additional payments for combining work, professions.
The employee has the right to decide how he will Job t: on the main work and part-time, just at the main job or combining positions at the main workplace.

Is it possible to draw up a fixed-term employment contract that will not be work at the main place of work? An employee at the main place of work works in another organization.

Answer

Answer to the question:

Yes, in the described situation, it is not only possible, but also necessary to conclude a fixed-term employment contract.

If the need to hire a new employee is caused by the absence of the main employee, who retains the place of work (for example, vacation), then the employment contract is concluded precisely for a certain period on the basis of par. 2 parts 1 art. 59 of the Labor Code of the Russian Federation. At the same time, it is not recommended to determine the term of an employment contract by indicating a specific calendar date for its expiration. an employee may have a sick leave during the vacation period, in connection with which the vacation will have to be extended. In this situation, it is recommended to indicate the event, the occurrence of which will entail the dismissal of a temporary worker.

Recording example:

1.6. This employment contract is fixed-term and is concluded in accordance with par. 2 parts 1 of article 59 of the Labor Code of the Russian Federation for the period of performance of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory acts containing norms labor law, the place of work is saved, namely before the release of the main employee I.A. Ignatieva.»

When concluding an employment contract with a part-time job, it is necessary to take into account the restrictions on the duration of his working time - no more than half of the established norm of time (20 hours per week, and in the case of summarized accounting, on average for the accounting period). The part-time mode will differ from the mode of work in your organization and it must be specified specifically in the employment contract: indicate working days, start and end times of daily work, breaks for rest and meals, days off, alternation of days off and working days (Article 57, 100 Labor Code of the Russian Federation)

For more information about accepting a part-time worker, see below in the selection of materials from the System.

Details in the materials of the System Personnel:

Situation: How to apply for a part-time job

The procedure for working part-time

What are the features of part-time work

In case of a combination of jobs, an employee, in his spare time from his main job, performs other regular paid work under a separate employment contract (part 1 of article 282 of the Labor Code of the Russian Federation).

An example of hiring an external part-time worker

E.V. Ivanova was accepted into Alfa CJSC as a secretary on the terms of an external part-time job ().

The head of the organization issued an order for hiring for and, at the request of Ivanova, issued her a confirmation of hiring part-time. On the basis of this certificate, an employee of the organization responsible for maintaining personnel records at the main place of work made an entry for a part-time job in Ivanova.

An example of hiring an internal part-time worker

A.V. Dezhneva works at Alfa CJSC as a cashier. On March 4, 2011, Dezhneva was accepted as secretary on an internal part-time basis ().

The head of the organization issued an order for employment by. And the person responsible for maintaining personnel records made a record of part-time work in Dezhneva.

Nina Kovyazina, deputy director of the department medical education And personnel policy in health care of the Ministry of Health of Russia

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

If a worker at a part-time job was not sent on vacation at the same time as a vacation at his main job, he still has the right not to attend part-time work from the first day of vacation with the main employer. The Supreme Court of the Russian Federation in the resolution of the plenum “On the application of the Labor Code by the courts of the Russian Federation” dated March 17, 2004 No. 2 determined that such work absence would not be absenteeism. The number of vacation days for part-time workers in accordance with the Labor Code of the Russian Federation Despite the fact that, working part-time, an employee spends less time on his duties than on his main job, this should not affect the duration of the vacation. Thus, according to the law, the minimum paid leave for both main workers and part-time workers is 28 days. If at one of the jobs a citizen has the right to additional leave, then it must also be provided.

On the possibility of part-time work during vacation at the main place of work

That is, one payment is calculated based on the average earnings at the main place of work, the other - from the average earnings at the place of part-time work. By the way, in the order for the vacation of an internal part-time job, you must separately indicate the leave for his main job and part-time leave (although this will be the same period). To do this, you can use the form No. T-6a (approved by the Decree of the State Statistics Committee of 01/05/2004 No. 1), used to issue an order for several people.
As a result, the same full name, start and end dates of vacation, number of vacation days, etc. will be indicated in two rows of the table, and the rows will differ from each other only in column 2 “Personnel number” and column 4 “Position ( specialty, profession)”, and also possible according to column 3 “Structural subdivision”.

How to arrange vacation for a part-time worker?

And at part-time work, the employer must provide him with leave in the same period on the basis of his application (Article 286 of the Labor Code of the Russian Federation). It is impossible to refuse a vacation to a part-time worker, as well as to demand from him any documents that would confirm the dates of his vacation at the main place of work. At least the Labor Code of the Russian Federation does not contain norms that give employers such a right.

Although you can ask for a certificate from another employer for greater certainty, of course, you can. With internal part-time employment, the employer simply provides simultaneous leave to the employee "for both positions he holds." If the employee has been working as a part-time worker for less than 6 months and has already gone on vacation at the main place of work, because

has the right to it there, then the “part-time” leave must be provided to him in advance. In other words, to require semi-annual working off (art.

Is it possible to work part-time during the holidays to the main job

Vacation is a time of rest. Therefore, the legislator fixed in Article 168 of the Labor Code the provision on the simultaneous granting of leave for the main job and part-time work, based on the fact that there cannot be a good rest if the employee continues to work. Ordering a lawyer's consultation Topics of a lawyer: Inheritance Dwelling. Real estate. Earth Family. Marriage. Children Biography: Graduated Faculty of Law St. Petersburg State University.
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If a person has one job, then all organizational issues related to it, especially questions of working time and rest time, are simple and understandable. But situations when a person is busy at several jobs are not so rare. What is a part-time job? Any work, in addition to employment with the main employer, is called a part-time job.
The Labor Code allows citizens to work for other employers or perform other official duties. The number of other employers with whom, in addition to the main one, the employee may conclude employment contracts, is not limited by law. Compatibility can be external and internal. An external part-time worker works for several employers, an internal one - for one in several positions.

Registration of part-time leave and the main place of work

Go to mobile version For the site to work correctly, you must enable JavaScript in your web browser settings Question - answer If your question is about activity legal entities, you can ask it in the Expert Council - a new CPT project for solving accounting and legal issues business. Can an employee continue to work part-time during the main vacation? The question refers to the city of Simferopol Answers: 17 May 13:19 Hello! I think that it cannot, since during the period of leave from the main job, leave at part-time work should also be provided.
Article 286. Vacation during part-time work 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.

However, when receiving a vacation, a part-time worker may experience difficulties caused by two factors:

Determining the duration of periods due to the complexities of the legal framework
Problems of coordinating vacation time between positions.

There are several basic provisions governing the rules for internal and external combination, within which contractual relationship and leave details:

If the duration of the main rest is longer than the duration of the period regulated by part-time work (if the leave at the main place of work is longer than part-time work), the manager is assigned the main responsibility - to provide the employee with access to rest at his own expense.

Vacation while working part-time

Part-time leave and the main place of work is a period of paid rest provided by law to every working person. For reasons of reasonableness, a vacation in one organization should coincide with a vacation in a second place of work in order to give the employee the opportunity to fully relax. What the law says about this, you will learn from this article.
What is the main place of work? What is a part-time job? Annual paid leave at the main job: the procedure for granting, duration The procedure for granting leave to part-time workers The number of vacation days for part-time workers in accordance with the Labor Code of the Russian Federation Maternity and student leave for part-time workers What is the main place of work? The main job is the service where a person is employed during the predominant share of working time.

How to take a vacation when working part-time

An employment contract is also concluded for part-time work (with an indication of part-time work), all necessary deductions are made from the salary, but a mark in the work book about part-time work is put at the request of the employee. In relation to minors, part-time work is not allowed. In addition, citizens involved in hazardous or hazardous industries cannot combine work if the additional service has the same unfavorable working conditions. Part-time employment should not take more than 4 hours a day. And for a month, part-time work should be equal to half of the accounting working norm time. The work of part-time workers is remunerated according to the hours worked, or the payment is due to the output or other conditions established in the employment contract.

Part-time work during vacation at the main place of work

Please note: the Labor Code of the Russian Federation uses the wording “vacations are provided”, and not “may be provided”. This means that the provision of annual paid leave to a part-time job at the same time as the annual paid leave for the main job is mandatory for the employer and does not depend on the desire of the employee or on the desire of the employer. This rule applies to both internal and external part-timers. It turns out that the failure to provide the employee with the annual basic paid leave at work part-time simultaneously with leave at the main place of work is a violation of labor legislation.

Work during vacation at the main place of work

The minimum duration of such a vacation period is at least 28 days. Features and procedure for granting vacation internal combination, and at this point there should be no problems. However, in other cases of practice, difficulties often arise that are important to foresee in order to avoid unforeseen circumstances in the future. It has already been said that employers at an additional place of work may apply for confirmation from the employee of the fact that he receives leave at the main place of work.

Under labor law, employees do not have a corresponding obligation, however, if the boss insists, the employee can provide a copy of the order from the main place of work.

Part-time work during vacation at the main place

Attention

If an employee wants to go on vacation during a period not specified in the schedule, he must write a statement of a certain content:

contacting the head by full name and indicating his position;
a note with the full name of the employee writing the application;
request for leave for a certain period;
the date when this document was drawn up.

Based on the completed application, the management subsequently creates an order indicating the start of the vacation period and its duration. Then, in the accounting department, vacation pay is calculated for the part-time worker for all groups of payments. The employer undertakes to pay all funds within 3 days before the start of the vacation period.