External combination. Combination and concurrency. How to apply for an external partnership

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

An employee of one company / enterprise can work at a second job before work, after it or on his day off, and do it regularly and officially, with the execution of an agreement and the corresponding receipt of wages and all due payments. This form of work is called external part-time work - if the employee works at different enterprises, and internal part-time work - if at the same one.

And quite officially, you can work not only two, but also three or more jobs. For example, for the main full-time job, for the second - for 0.5, for the third - for 0.25. Internal and external part-time jobs are common in both public and private structures. And although the latter sometimes have more choices, the basic provisions remain the same for everyone.

Design of a part-time job

According to the law, a person working in this way can and must be officially registered. He submits a standard package of documents to the personnel department: passport, identification code, etc. It is impossible to provide the original labor, since it is located at the main place of work,however, a person has the right to demand, and the personnel department to issue a certified extract.

Next, you need to sign an agreement with the company for which part-time work is being done. Registration is as follows:

• an application is submitted from a candidate for employment, with the relevant documents attached;
• an employment contract is drawn up at the enterprise;
• the head of the enterprise issues an order for employment. Even if there is no order as such, the contract is considered concluded from the moment the employee begins to perform his duties.

In the personnel and accounting department, a personal card is created for the employee and a personnel number is assigned.

Part-time contract

The contract is drawn up, as a rule, on the basis of the standard contract of the institution. And be sure to include the following information:

• date of compilation, name, details of the employee and employer and their signatures;
• rights and obligations of the parties;
• payment procedure;
• provisions regarding working hours and rest;
• information about the possibility and procedure for terminating the contract;
• document validity.

The last point is quite important. The contract can be of two types - urgent and indefinite action. In the first case, it is valid until a certain period, after which it can be permanently terminated or extended further. In the second, it is valid until one of the signatories decidesterminate the external partnership. An entry in the work book is made at the main place of work (at the request of the employee).

Probationary period and the procedure for its appointment

The decision to appoint a probationary period is made by the head. If the position for which the employee is being hired has a probationary period, then the employee may be appointed.

Also, a probationary period may be appointed by the head if he considers it necessary (although the position may not require passing it). In any case, this should be reflected in the employment contract.

Working hours and wages

A part-time worker should not work more than four hours a day. Full-time work (but not longer) is allowed only if the main place is currently on a day off or vacation. However, these norms apply only to civil servants; there are no such strict acts regarding employees of private firms. However, a person should not work more than 40 hours a week.

In general, it is desirable to take into account the hours worked and maintain compliance - part-time work should not take more than half of the time spent on the main job.

The remuneration of such an employee is set by the manager, who can proceed from such indicators as the number of hours worked, sales rate, the amount of work performed, etc. The allowances due to the main employees in such a position must also be taken into account. The methodology for calculating wages is alsocan be reflected in all details in the contract.

In addition, there is a provision according to which external part-time work must be paid in accordance with the established minimum. If after calculation the salary is less, the legislation provides for additional payments.

Full-time work

In terms of hours worked, an outside part-time worker cannot legally work full-time in both jobs. However, full-time pay is quite possible.

The salary is set by the employer, and he can assign the same salary to the external part-time job that the main workers in such a position receive. All these nuances must be present in the contract.

Working hours

The legislation regulates not only the duration of the part-time job, but also the conditions. If the main job is harmful to he alth, then the employer does not have the right to take the employee to the second, also with harmful conditions. If external part-time work involves difficult or harmful conditions, the employee should provide a certificate from the first workplace stating that he does not perform such work there.

The same goes for traffic officers and drivers.

Maternity, educational and planned leave

External part-time workers are en titled to annual leave not less than the period established by the state, as well as to compensation in the event that the leave was not used. The employment contract mustthere is information regarding the order of provision, and its time is indicated in the vacation schedule of the enterprise

In addition, the Labor Code states that leave must be granted at the same time at the main and additional place of work. Its duration should also be the same. Since it is possible to issue an external part-time job without the knowledge of the main employer, the responsibility for compliance with this rule lies with the employee. It is advisable for him to notify both employers in advance and agree on dates.

If the employee worked at the second place of work for less than six months, the company must provide him with leave in advance. In the event that a person has more free days at the main place of work, at the second part-time worker can take additional ones at his own expense.

In addition, an employee may take leave in the following cases:

• if he worked irregular hours;
• if he did work of a special nature;
• if he has sufficient experience;
• as a reward from the employer.

External part-time employment provides for the right to maternity and study leave. The first is provided for the same period both at the main and at the additional place of work. If an employee has worked at both enterprises for the past two years, she can receive maternity payments both there and there. Sick leave is served at both locations.

Child care assistance, however, the law allows you to pay only one place of work, and the expectant motherallowed to choose exactly where.

As for study leave, according to the law, it is provided on the basis of documents from an educational institution at the main workplace. Student benefits are also provided only there. The laws governing external part-time work do not provide for them for part-time workers.

The employee at this time can either take a vacation at his own expense, or continue to fulfill his duties - this will not be considered a violation, since the work is done in his free time part-time.

Sickness benefit

Sick leave for external part-time work is provided for by law, but only if the employee has worked for at least two years. Rather, such experience en titles you to the payment of temporary disability benefits. If it is not there, then sick leave is paid only at one place of work.

Marks in the work book

As already mentioned, a person does not need to inform the management that he decided to get a second job and arrange an external part-time job. In this case, an entry in the work book will appear only if the employee himself wishes, on the basis of a document confirming the fact of work. The absence of such a record is not a violation.

Additional duties and positions

Combination and combination - two rather similar concepts, but with specific differences. If atpart-time, the second work is performed in their free time from the first, then when combining positions or professions - during the main work, in parallel, without exemption from it. The performance of the duties of another employee during his absence is included here. The law does not limit the number of positions and jobs that one employee can perform.

Who can hold multiple positions

Earlier, labor legislation limited the range of specialists who were allowed to combine positions. However, in 2009 this changed. Now, according to the rules, combination is possible for any person, subject to his consent (here there is a serious difference from the conditions that part-time work puts forward for people: registration of cooperation at two or more enterprises is not allowed for police officers, some scientists and some other categories of citizens).

The only restriction concerns the leaders of an organization or institution - people holding such positions cannot simultaneously perform supervisory functions, for example, be auditors.

Design

For registration, it is necessary that the desired position be present in the staffing of the enterprise. The head of a state institution has the right to independently approve the staff list. The consent of the body that performs the functions of the founder is not required for this. Moreover, you can combine both a position for which a full rate is provided, and a position with a 0.75 or 0.25 rate.

Scope and duration of dutiesdetermined by the employer with the written consent of the employee. In practice, this is formalized by an order drawn up in a free form, in which the deadline, the volume of new duties, and the amount of the surcharge are entered. The employee must give his consent in writing, for example, by writing “I do not mind” on the order and putting his signature.

There is no statutory limit on the amount of time an employee can perform part-time work. Both the employee and the employer may terminate the combined work ahead of schedule - this should be notified in writing and no later than three working days.

Payment

The legislation does not regulate the minimum or maximum amount of monetary compensation, therefore the amount of additional payments is established by agreement of the parties. In state-owned enterprises, the amount is determined in relation to the salary for the main position. For example, plus 55% of the salary, 0.25 of the salary, etc. However, although combination and part-time work are quite well provided for by law, there are no clear and ambiguous calculation schemes for private firms. Here, how much a person will eventually receive depends largely on the decision of the leader.

Thus, an employee who combines professions or positions should have additional payments. However, they are not required if the employee is doing additional work. In this case, a bonus is possible if it is provided for in the regulation on incentive payments, which is accepted in this particular institution.