What is the difference between an external part-time worker and an internal one? Combination and part-time: what is the difference

A person’s desire to receive more money to satisfy his material needs is a completely natural phenomenon. To implement his plans, the employer often offers part-time work and a combination of professions and positions. Is there any difference between these concepts? Maybe these terms mean the same thing?

It turns out that such concepts as combination and part-time do not have the same meaning. What is the difference? The Russian Federation regulates these two aspects through various articles of the currently valid Labor Code. However, both of these concepts refer to a side hustle. What is the difference between combination and part-time? Let's consider this topic in more detail.

Relevance of the issue

The concept of “combination and part-time work” is well known to those who are involved in personnel selection in organizations and enterprises. The fact is that one of the primary tasks of any company in modern economic conditions is to find optimal solutions for using available labor resources. In this case, there is a need to reconcile the interests of the enterprise with the interests of the employee. One of the best options in this case is part-time work and combination. In labor law, both concepts are enshrined in law. This is beneficial not only for the employee, who ultimately has the opportunity to replenish his budget, but also for the organization itself. After all, sometimes an employee quickly copes with the amount of work assigned to him. In this regard, he has free time during the working day, which can be filled with additional duties.

With the development of market relations in our country, employment contracts for part-time or part-time work are not uncommon. People have realized the full benefits of the opportunities provided to them, and employers are saving money on wages. Such relationships are relevant not only in enterprises, but also among individual entrepreneurs.

Regulatory legislation

The Labor Code of the Russian Federation in its articles establishes the concept of “combination and part-time work”. The difference primarily lies in the fact that the definition of the first of them is in Art. 60.2, and the second - in Art. 60.1 TK.

The Labor Code of the Russian Federation explains that combination work involves additional work during a shift or working day. In this case, the employee is not relieved from performing assigned basic duties. Combination is used by the employer only if such a person’s workload is economically feasible. This management decision should not affect the quality of goods produced or services provided.

Combination and part-time work - what is the difference? The second concept is a part-time job for an employee in his free time. In other words, part-time work is a completely different, not the main employment for a person. The contract for its implementation is concluded at the initiative of the employee and by agreement with the employer.

Main criteria

Part-time and combination - what is the difference between these concepts? The main criteria for the first are:

Conclusion with any number of employers;
- performing job duties both at the main place of work and at other enterprises;
- indication in the employment contract of the type of work performed (part-time).

Some legislative acts of the Russian Federation contain restrictions on such part-time work. So, 5 tbsp. 282 of the Labor Code of the Russian Federation, such activities are prohibited for persons under eighteen years of age, as well as municipal and state employees, in addition to their participation in the creative, scientific or pedagogical field. Such contracts for performing heavy and harmful work are not concluded if the main place of work has the same characteristics. Part-time work is not permitted in some other cases, which is enshrined in the Labor Code of the Russian Federation and various federal laws.

Let us now consider the second concept. What is the difference? The Labor Code of the Russian Federation helps to distinguish combination from part-time work. This document indicates that there is:

Combination itself, which is the parallel execution of work on one’s main activity and another similar one;
- expansion of the service area, when the volume of work performed by an employee within his main specialty increases;
- performance of those duties that are assigned to an employee who is temporarily absent at the moment, in his own or in some other profession.

All of the above types of work are combined. Moreover, they are carried out only in the case when the employee confirmed his decision with written consent. The timing of the combination is also agreed upon in advance. In this case, the employer must also provide written consent.

When considering the concepts of “part-time and part-time work,” what is the difference in the issue of employee employment? In the first form of part-time work, a person works under a separately concluded contract in his free time. Combination means performing additional duties only during the shift. Moreover, you can give up such a load ahead of schedule. You just need to notify your manager about your decision in writing. This must be done within 3 working days.

Documenting

For the purpose of economic feasibility of performing certain works, the management of an enterprise may decide to introduce part-time and part-time practices. What is the difference in registering labor personnel in one case or another? This issue is regulated by law. So, for combination, only an order from the manager is enough. The basis for its signing must be a written assurance from the employee, which indicates the duration, scope and content of the additional duties assigned to him. This is indicated by Articles 151 and 60.1 of the Labor Code of the Russian Federation. If these rules are not followed, combination is impossible. Before starting part-time work, you should draw up an additional agreement to the employment agreement. Based on this document, an order from the employer is issued. As for additional entries in the employee’s work book, there is no need to make them.

If we compare how part-time and part-time jobs are formalized, what is the difference between these forms of part-time work? To answer this question, you should refer to Chap. 44 Labor Code of Russia. The registration of a part-time job is regulated in much more detail and stricter than a combination. What are the reasons for such increased attention to part-time work? The fact is that with such a part-time job, a person exceeds the time limit for work established by the Labor Code of the Russian Federation. That is why the employer should adhere to certain rules contained in Resolution No. 41 of June 30, 2003 of the Russian Ministry of Labor. This document concerns part-time jobs for employees of cultural institutions, teachers, doctors and pharmacists.

For HR department inspectors, the difference between part-time and part-time work lies in the fact that the latter of them is formalized using a separate employment contract. Moreover, this document has its own characteristics. It must indicate that the person will work for this employer on a part-time basis. If desired, a record of this can be made in the work book. One caveat. The HR inspector at his main job makes this entry.

Termination of a part-time contract is carried out according to the general rules. There is only one exception, which applies to the employer. He has another reason to terminate the employment relationship.

Place of work

The concept of "combination and part-time" - what is the difference between them? When combining positions or professions, the employer remains the same. In case of part-time work, the contract is concluded either with the same or with a completely different employer.

Time to work

There are main differences between part-time and part-time jobs in the Russian Federation in terms of how many hours are provided to complete a given amount of work. In the first case, work duties are performed in free time. In this case, the employer is obliged to take into account the regulatory provisions of the Labor Code. This document stipulates that the working time of a part-time employee should not exceed 4 hours during the day. This is indicated by Art. 284 Labor Code of Russia. The employee has the right to set a different work schedule for himself. However, during the accounting period chosen by the organization (month, quarter, year), the number of hours during which the part-time worker worked should not be higher than half the standard working time established for employees of this category. For example, this could be twenty hours during a five-day week (for a working day of 8 hours). If more hours are worked, they are considered overtime. The only exceptions here can be those cases when a person does not perform his duties at the main enterprise for some time due to non-payment of wages by the employer or if he is completely removed from them for medical reasons.

In terms of execution time, part-time and combination jobs differ significantly. The main differences here lie in the fact that in the second case the employee is always given eight hours. He must use them both for work and for part-time work. At the same time, he fully performs not only his official duties, but also those provided for the absent colleague.

Salary

What other nuances do part-time jobs and combinations have? The main differences in pay should also be taken into account when deciding whether to choose one form of part-time work or another. These and other conditions are stipulated in the Labor Code of the Russian Federation (Article 285 and Article 151).

For those who work part-time, wages are calculated in proportion to the time worked. In this case, all conditions stipulated in the employment contract are taken into account. If a person working part-time is hired for a position where tasks are standardized, then when calculating remuneration for work, the amount of work actually done will be taken into account. For part-time workers working in the territory where regional bonuses and salary coefficients are established, they are also taken into account.

Combined payments are calculated completely differently. In this case, its size is determined by agreement of the parties. Here the amount of additional work and its content are taken into account. It is also worth considering that neither the minimum nor maximum amounts of such additional payments are limited by law.

Let's assume that the combination is registered for a position that has piecework wages. In this case, the employer takes into account the quantity of products manufactured by a person, as well as the prices established for them.

Time-based surcharge is calculated in one of the following ways:
- as a percentage of the salary that the employee has at his main job;
- in hard cash equivalent;
- in an amount equal to a certain percentage of the salary of the position to be filled.

Providing leave

Combination and part-time work - what is the difference between them in this matter? They are also covered by the Labor Code of Russia (Article 286). As for those people who work part-time, they are entitled to leave only for their main work activity. Part-time workers are another matter. Here the Labor Code of the Russian Federation considers some features. Thus, a part-time worker must take paid annual leave at the same time at his main job and at his additional job. What to do if there is a discrepancy in the number of days provided for rest? In this case, the employee can ask his second employer to provide him with days at his own expense.

Compensation and guarantees

Despite having a second job, a citizen of the Russian Federation is not deprived of social benefits provided by federal legislative acts. He also retains all the required guarantees and compensation. For example, these are increasing coefficients for those who combine work with study, as well as for those who work in the Far North and in territories equivalent to them. Just keep in mind that such guarantees for part-time workers are provided only at their main place of work.

There are other social benefits that are provided for by labor legislation and those currently adopted by the enterprise. These compensations are paid both in case of part-time work and in case of combination in full. This applies, for example, to sick leave and maternity leave. Employers are required to pay the payments due both at their main and additional places of work.

Probation

What else are the differences between a part-time job and a combination job? In the first case, Art. 70 of the Labor Code of the Russian Federation allows the employer to establish. The decision on this is made by the manager. If the position for which a person is being hired provides for this, the test is assigned to the part-time employee in the general manner. The employer can make such a decision even if there are doubts about the qualifications of the new employee. This point must be specified in the employment contract. As for combination, no probationary periods are established for it.

Internal part-time job

Many citizens of our country, seeking to earn money, take additional work directly at their enterprise. If agreements are concluded and job duties are performed during non-core hours, then this type of activity is an internal part-time job. In what cases is this advisable? For example, a company needs to temporarily replace an employee who is absent for some reason. In this case, the easiest way is to agree on the performance of his duties with his own employee, whose qualifications and competence do not raise any doubts among the employer. How to apply in this case? Internal part-time and combination are suitable for this. What is the difference between these forms of extra work?

First of all, we should consider cases in which internal part-time work is possible. For example, this applies to a situation where the head of a small enterprise acts as an accountant. Of course, such internal part-time work is possible only with the permission of the body that is responsible for the activities of this company.

Often, workers from cultural institutions and medical institutions, teachers and pharmacists take on additional internal part-time work. Those employees who have sufficient experience and high qualifications can become internal part-time workers in the same position as theirs, if there are no restrictions on it in the current legislation.

But sometimes situations arise at an enterprise when an employee works part-time. Moreover, this type of activity may either coincide with his specialty or not. What is the difference between part-time work and part-time work? In the first case, additional tasks will be performed by the employee only with his written consent.

Internal part-time and combination jobs have certain benefits. What is the difference between these two types of part-time jobs for the employee and the employer? The main difference between internal part-time work and part-time work is the time it takes to perform an additional range of responsibilities. In the first case, the employee will have to work when he is not busy with his main job. This is fundamentally different from fulfilling responsibilities when combined. In this case, they are performed within the time established by law for the main work.

The differences between these types of part-time jobs also lie in their design. To employ an employee on an internal part-time basis, a package of documents is drawn up for him, the list of which is provided for by the current procedure for office work. First of all, an employment agreement is signed between the employer and employee. It stipulates all the nuances of performing an additional range of duties and the legal status of the employee as determined by labor legislation (rest and work schedule, rights and responsibilities of a newly hired person, safety rules, etc.).

When part-time work is of the internal type, in contrast to the appointment of a part-time employee, you will need to make adjustments to the staffing table. It must indicate the full unit as a whole number with salary, without any division. This will allow you to avoid making amendments in the future. One staffing unit allows for internal part-time employment of up to four employees. Their actual number is indicated in the “Note” column.

Part-time work is reflected in the employee’s personal file, where all information about his activities at the enterprise is stored. It is not necessary to write this down in the work book. With regard to the conditions for granting leave, remuneration and the availability of guarantees and compensation, as well as dismissal, an internal part-time worker is no different from an external part-time worker (whose main activity takes place with another employer).

What are the benefits of these types of additional earnings? Combination and internal part-time work have many positive aspects. Such relationships have mutual benefits. The employee receives additional income, and the employer receives the amount of work completed for production purposes. In addition, a qualified employee is often hired but given a low salary. At the same time, the company saves money.

Part-time work is also beneficial for a company employee. First of all, the advantage is the opportunity to earn additional income and apply existing knowledge. In addition, internal part-time work means additional sick pay, preservation of guarantees provided by law, paid leave, and contributions to the Pension Fund.

Internal part-time work is a common practice in large enterprises. With proper use of the opportunities provided by labor legislation, both the employer and the employee receive noticeable economic benefits.

Part-time and part-time work are usually used if the company does not have an employee who constantly does this or that work as his main responsibilities. This can happen, for example, when sales or service volumes increase, or one of the employees goes on vacation or quits. The use of part-time work and combination work is regulated by law. Despite this, many questions often arise when using them. And the main one: how do these two concepts differ from each other? In what cases should we register a part-time job, and when a combination? Let's try to figure this out together.

An employee can enter into as many employment contracts as he wants to work in his free time (Article 60.1 of the Labor Code of the Russian Federation). And it doesn’t matter which employer. Maybe with his own (whose main place he works for), or maybe with any others. In the first case, it will be an internal combination, and in the second, an external one. That is, part-time work is considered additional work that needs to be done in your free time.
Combination is also mentioned in the Labor Code of the Russian Federation (Article 60.2 of the Labor Code of the Russian Federation). There we are talking about the fact that, along with the main job responsibilities, an employee may be assigned to perform additional work in the same or another profession.
This work is performed only with the consent of the employee and, of course, for an additional fee. Please also note that it is carried out during working hours and only with the same employer. This is precisely the main difference between part-time and combination.
In addition, differences can be seen in the design, requirements for rest and work time and their termination.

Registration of relations
When combined, the work is performed in parallel with the main one, so a separate employment contract is never concluded. Usually they draw up an additional agreement to an existing contract. In this additional agreement, it is necessary to specify the content and scope of additional work, the timing of its completion and the amount of additional payment. The legislation does not limit the amount of payment. Payment is determined each time by agreement of the parties.
Also, when combining, there is no need to fill out a second personal card for the employee. And for part-time workers this is necessary, even if we are talking about internal ones.
There are no special requirements for documents when applying for work. When the combination begins, the employer already has them, the same applies to internal part-time work. If external, the future employee brings the same documents as when applying for the main job. But there are two exceptions here:
You can request from the employee a certificate of working conditions for the main job. This is necessary so that it does not turn out that both of his jobs involve harmful and dangerous working conditions. The ban on such a combination is contained in the Labor Code of the Russian Federation (Article 282 of the Labor Code of the Russian Federation).
the employee may not bring a work book. But, if he himself wants an entry to be made in it, then he will have to provide it.
When a combination occurs, no additional information is needed. And no entries are made into the work book at all, even if the employee requests it.

Working time and rest time
Another important difference is the requirements for working time and rest time. The combination does not affect the length of the working day. The reason for this is that it occurs under an employment contract that has already been concluded. And with part-time work, on the contrary, the working day becomes longer. This is due to the fact that such work is always performed in free time from the main one. To protect the employee, the legislation provides for a limitation: part-time work cannot be more than four hours a day. But if, for example, he was suspended from his main job or the employee himself suspended it in case of delay in payment of wages there, then this rule may not be observed.
Part-time work will also need to be reflected in the time worked schedule. This must be done even if you work part-time with the same employer. The combination is not additionally reflected.
There is also a peculiarity in the time of rest, namely, in the provision of vacation. For those who work part-time, it should be given simultaneously with leave from their main job. When combining, there is no second leave.

Termination of employment relationship
The procedure for terminating a given employment relationship also differs. When a part-time job begins, an employment contract is concluded, so when it ends, the contract must be terminated. And they terminate it according to the same procedure as at the main place of work. General rules apply here and there are no special features, except for one thing: the Labor Code provides an additional basis for terminating such an agreement if an employee is hired for whom this work will already be the main one.
When combination occurs, everything is even simpler. Both the employee and the company can refuse to perform the work or assignment at any time. But the other party must be notified about this no later than three working days. To register, it is enough to issue an order to remove the additional payment, and indicate the termination of additional duties as the reason.

The problem of lack of money is universal. It is hardly possible to find at least one person who is completely satisfied with his income. Where can I get additional finance? That's right, if you brush aside all criminal possibilities, then all that remains is to work more. And the accountant of the company where such hardworking employees work has additional questions. What options are there for getting a part-time job? What is the difference between them? You will find the answer in this article.

The Labor Code distinguishes between two main types of part-time work:
- additional work performed during the working day;
- a part-time job that an employee does after graduation, that is, in his free time.

Eight hours for work and part-time work

Let’s assume that during the working day, in addition to his main duties, an employee also does work in another position or profession. This phenomenon is called combination (Article 60.2 of the Labor Code of the Russian Federation). He has the following symptoms:
- an agreement has been concluded with the employee to perform the main work;
- a separate employment contract is not drawn up for additional work;
- the employee works part-time in the same organization;
- the employee does not stop performing his main duties;
- the employee does part-time work during his working day.
- additional and main work belong to different professions or positions provided for in the staffing table.

If the position is the same...(2 lvl.)

A logical question: is it not possible to additionally work in the same position (profession) as the main one? Of course you can! Only in this case we are no longer talking about combination, but about expanding service areas or increasing the volume of work. These concepts, by the way, are regulated by the same Article 60.2 of the Labor Code of the Russian Federation. All the same conditions are present here as in the combination case, only the employee performs work in his own profession (position), but to a greater extent.

Let's take an example. If a storekeeper also performs the duties of a loader in a warehouse, this is a combination. But the maintenance by a specialist of the HR department, to which a certain division of the organization is assigned, also of the work books of employees of another department, will already be an expansion of the service area.

Most often, employers use both combining and expanding service areas (increasing the volume of work) to fulfill the duties of a temporarily absent employee. Moreover, increasing the volume of work is practiced more often.

There is no fundamental difference between these concepts. The Labor Code regulates both combination and expansion of service areas in the same way. However, if, on behalf of the manager, the employee performs work in another position or profession (that is, there is a combination of jobs), it is necessary to first check the employee’s suitability for this position, or whether the employee has special knowledge in the required profession.

How to arrange a combination (level 2)
The employer does not have the right to “load” an employee with additional responsibilities (not related to his main job) during the working day. This is possible only with the written consent of the employee himself. This requirement is contained in Article 60.2 of the Labor Code of the Russian Federation.

The parties must agree on the content of additional work, its volume and timing, as well as the procedure for payment for such work. All these conditions must be specified in an additional agreement to the employment contract. Based on this agreement, a manager’s order is issued to involve the employee in additional work. But there is no need to make any additional entries in the work book.

One of the terms of the agreement for additional work is its duration. However, as stated in the Labor Code, both the employee and the employer can stop part-time work without waiting for the end of the term. And without explanation. It is sufficient to notify the other party in writing no later than three working days in advance. In this case, you need to draw up another additional agreement to the employment contract and issue an order to stop additional work.

Combination fee (level 2)
You must pay for additional work! They do this according to the rules of Article 151 of the Labor Code of the Russian Federation. Thus, the amount of payment for part-time work is determined by agreement of the parties, taking into account the content and (or) volume of additional work. That is, neither the minimum nor the maximum amount of additional payment is limited.

If additional work requires piecework wages, the amount of additional payment is determined based on the quantity of products manufactured and established prices. And if it’s time-based, the surcharge can be set in several ways, for example:
- as a percentage of the employee’s salary for the main job;
- as a percentage of the salary corresponding to the combined position;
- in a fixed amount.

Part-time work

Additional work performed after the end of the working day is called part-time work (Article 60.1 of the Labor Code of the Russian Federation). You can work part-time not only with your main employer, but also in other organizations. It's just that in the first case we will talk about internal part-time work, and in the second - about external one.

The following signs of part-time work can be distinguished:
- the employee has a main job;
- the employee works additionally in his free time from his main job;
- part-time work is regular and paid;
- a separate employment contract has been concluded with the employee.

How to register a part-time worker
The Labor Code of the Russian Federation regulates part-time work much more strictly and in more detail than combination and expansion of service areas. Chapter 44 of the Labor Code is devoted to these issues. The increased attention is perhaps due to the fact that with a part-time job, the employee exceeds the working time limit established by the Labor Code and works in his free time intended for rest.

Therefore, there are a number of restrictions. So, for example, you cannot hire part-time:
- persons under the age of 18;
- employees for heavy work or work with harmful (dangerous) working conditions, if their main activity is related to the same conditions;
- workers for driving vehicles or controlling their movement, if their main work is of the same nature;
- a state or municipal employee for any work other than teaching, scientific or other creative work.

In addition, it is necessary to take into account the separate rules for part-time work established by Resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41 for teaching, medical and pharmaceutical workers and cultural workers.

As we have already noted, a separate employment contract must be concluded with a part-time worker (including an internal one). Moreover, it must indicate that the person will work on a part-time basis. Information about such additional work, at the request of the employee, can be entered into the work book. This entry is made at the main place of work.

When concluding an agreement with a part-time worker, you need to take into account that the Labor Code limits the duration of his working hours. According to the rules of Article 284 of the Labor Code of the Russian Federation, it should not exceed four hours a day. An employee can also be assigned a different work schedule, but in any case, during the accounting period (month, quarter, year - depending on the organization’s working hours), the time worked by a part-time employee should not exceed half of the standard working time for this category of employees.
That is, with a normal eight-hour working day (and a five-day schedule), a part-time worker cannot be required to work more than 20 hours a week, and with a shortened one, even less. For example, in hazardous working conditions - no more than 15 hours a week.

If for some reason a part-time worker works more than expected, such work is considered overtime and must be paid accordingly. The exception is cases when an employee at his main place has suspended work (Part 2 of Article 142 of the Labor Code of the Russian Federation) or is suspended from it (Article 73 of the Labor Code of the Russian Federation).

As for the termination of a part-time contract, the general rules apply. However, in this case the employer has additional grounds for dismissal. An employment contract with a part-time worker can be terminated if a person is hired for whom it will become the main job (Article 288 of the Labor Code of the Russian Federation). In this case, the employer must send a written warning to the part-time worker two weeks before the proposed dismissal. However, if the part-time contract is fixed-term, such grounds for dismissal do not apply.

Part-time fee
Part-time workers are usually paid in proportion to the time worked. But, as stated in the Labor Code, the contract may also provide for other payment options (Article 285 of the Labor Code of the Russian Federation). In this regard, it should be noted that the Ministry of Finance of Russia allows taking into account in the tax cost the cost of remuneration of part-time workers only within an amount not exceeding the official salary provided for in the staffing table (letter of the Ministry of Finance of Russia dated February 1, 2007 No. 03-03-06/ 1/50).

All guarantees and compensations established by the Labor Code are provided to part-time workers in full. For example, sick leave and maternity leave are paid to an employee not only by the main employer, but also by the company where he works part-time (Article 13 of the Law of December 29, 2006 No. 255-FZ “On provision of benefits for temporary disability, pregnancy and childbirth ").

The exception is “northern” guarantees and compensation, as well as those related to combining work and study. Such guarantees and compensation can only be obtained at the place of main work.

Part-time workers are also entitled to annual paid leave. Moreover, simultaneously with vacation from the main job. If it seems longer there, then at the “second” job the employee has the right to take leave without pay for the missing days. And if, by the time he goes on vacation at his “first” job, the part-time worker has not yet worked at the “second” job for six months, the “second” employer provides him with paid leave in advance.

Working hours during part-time work should not exceed 4 hours a day. In the combination mode, this limitation is not relevant.

In the life of enterprises, there is often a need to assign employees a certain amount of “unassigned” work. The reasons for this may be different: going on vacation or dismissal of the employee who performed this amount of work, mastering a new direction of production activity, organizational changes in the staff structure, etc.

In the event that the volume of “undistributed” work is insufficient to hire a new work unit, the completion of such work can be ensured by assigning additional work to employees.

In this article we will talk about part-time work and three types of additional work:

• combining professions (positions),
• expanding service areas or increasing the volume of work,
• performing the duties of a temporarily absent employee without release from work specified in the employment contract.

For ease of discussion, we suggest calling all the listed options for organizing work extra work. Meanwhile, strictly legally, only three of them fall under this term due to the direct indication of Art. 60.2. Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). Part-time work (Article 60.1 of the Labor Code of the Russian Federation) is an independent way of organizing work and is not considered additional work within the meaning of Art. 60.2. Labor Code of the Russian Federation and is characterized by the performance of other regular work along with the main one.

In this regard, it is appropriate to distinguish, first of all, part-time work from three types of additional work. For convenience, we propose to combine the latter under one common name - combination, since it is the distinction between combination and part-time work that most often causes difficulties in practice.

So, let's look at the differences.

The main difference between combination and part-time thing is part-time job- it's always doing other work in free time from main work. Even if part-time work is performed for the same employer as the main job, it is performed outside working day/shift for main job.

In the same time combination carried out during established working day/shift duration.

It follows that part-time work is possible both with one and with different employers. Whereas combination can only be realized with the employer at the main place of work.

An example of a part-time job: an office manager from 9 a.m. to 6 p.m. performs the duties of her main job, and from 6 p.m. to 8 p.m. she cleans the office premises. An example of a combination: an office manager works from 9 a.m. to 6 p.m., cleaning the office premises during her working day.

It should be noted that combining is an assignment of additional work. If, in our example, the functions of cleaning premises were initially included in the employment contract or job description of the office manager, there is no reason to consider these functions as additional work, and the employee does not have the right to demand additional payment for their performance.

The main difference between part-time work and combination work is closely related to the limitation established by Art. 284 of the Labor Code of the Russian Federation for part-time workers: the duration of working hours when working part-time should not exceed four hours a day. Of course, for work in combination mode, this restriction is not relevant, since all additional work is carried out during the working day for the main work.

In practice, the question often arises: can a part-time worker work part-time for several employers? How, then, is the ban on working hours enforced? Judicial practice allows us to draw the following conclusions: it is possible for an employee to conclude several employment contracts for part-time work; this indicates his right to independently manage his time, determine the duration of both working hours depending on the number and conditions of concluded employment contracts, and time for rest. The restrictions established by Art. 284 of the Labor Code of the Russian Federation, are mandatory for the employer, but not for the employee.

We believe that a similar conclusion can be made for women who work part-time during parental leave. However, in order to maintain child care benefits, the total length of the working day, both at the main place of work and part-time, cannot be equal to or greater than 8 hours.

The second difference between part-time work and combination work is the difference in the design of these types of additional work.

Part-time job requires a conclusion separate employment contract, even if we are talking about doing part-time work for the same employer. This statement follows from the meaning of Articles 60.1. and 282 Labor Code of the Russian Federation.

Moreover, in accordance with Part 4 of Art. 282 of the Labor Code of the Russian Federation, the employment contract with a part-time worker must reflect the following required condition as a condition for part-time work. It should be noted that judicial practice does not consider it sufficient to indicate part-time work in a job application or in an order. The absence of a part-time clause in the employment contract entails the non-application of the rules governing the work of part-time workers to such relationships.

In practice, the requirement for a separate contract is often ignored when it comes to performing main work and part-time work for the same employer. In this case, the parties draw up an additional agreement to the employment contract, which indicates the work for which position is performed on a part-time basis. Of course, this way of formalizing relations does not correspond to the letter of the law. However, because the parties have not drawn up a separate employment contract, but have signed an additional agreement, part-time work does not become, for example, a combination, since according to the main feature - the order of work performed in relation to the employee’s main working day - these types of additional work still differ .

Combination, in turn, is formalized as follows: the employer issues order to assign additional work to an employee. If the employee agrees to perform such work, he expresses it in the order by means of an appropriate inscription.

As an alternative, the following procedure for assigning additional work to an employee can be used: initially sending the employee a proposal for additional work, obtaining his consent, issuing an order, and familiarizing the employee with it.

Third option: the parties sign an additional agreement to the employment contract. The existence of such an agreement confirms the will of the parties to assign and perform additional work, and also allows us to agree on all the necessary conditions, such as the deadline for completing the work, the conditions for its implementation, the rights and obligations of the employee, and remuneration.

The third feature that distinguishes part-time work from combination work is the features of payment for additional work.

According to Part 1 of Art. 285 of the Labor Code of the Russian Federation, remuneration of persons working under part-time, produced in proportion to time worked, depending on output or on other conditions determined by the employment contract.

Taking into account the established part 2 of Art. 132 of the Labor Code of the Russian Federation, a direct prohibition of discrimination when establishing wage conditions, as well as the employer’s obligation to provide employees with equal pay for work of equal value (Part 2 of Article 22 of the Labor Code of the Russian Federation), it should be concluded that the remuneration of a part-time worker is calculated based on the salary indicated in the staffing table.

The situation is different with payment for additional work when combination. In accordance with Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties employment contract, taking into account the content and (or) volume of additional work.

Obviously, in the case of combined work, the legislator does not require payment for work in proportion to the time worked, completely leaving the issue of the amount of additional payment to the parties. Accordingly, it is important to establish a surcharge in some amount. The legislation does not contain any grounds for an employee to challenge the amount of additional payment.

In practice, this nuance is used in cases when it comes to ways to save wages. Often the result of staff reduction is the presence of “unassigned” work, which is assigned to the remaining employees on an additional basis. At the same time, payment for the labor of such persons is made in the amount determined by agreement of the parties, which, as a rule, is less than what was paid to the employees who filled the corresponding positions before the reduction. As a result, the same amount of work is completed at lower financial costs.

Meanwhile, it is worth noting that the employer does not have the right to unilaterally reduce the amount of payment for additional work performed, even if its assignment is formalized by order. The issuance by the employer of a subsequent order with a smaller amount gives the employee the right to refuse to execute it and demand additional payment in the previously agreed amount.

The fourth difference between a part-time job and a combination job is the features of providing guarantees and compensation.

According to Art. 287 of the Labor Code of the Russian Federation, guarantees and compensation to persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided only at their main place of work. Other guarantees and compensations are provided to persons working part-time in full.

It follows that guarantees such as the provision of annual paid leave, guarantees when sending an employee on a business trip, guarantees of maintaining a job and average earnings when sending an employee for medical examinations, etc., are provided in relation to a part-time worker both at the main place of work and at the place of work as a part-time worker.

Unlike part-time workers, persons performing additional work on a part-time basis are provided only with those guarantees and compensations that are related to the main job. Performing additional work does not entail the provision of additional guarantees (unless otherwise established at the local level or by agreement of the parties).

The fifth difference is that the law does not limit the assignment of additional work, while part-time work is not always possible.

So, in accordance with Part 5 of Art. 282 of the Labor Code of the Russian Federation, it is not allowed for persons under the age of eighteen to work part-time in jobs with harmful and (or) dangerous working conditions, if the main work is related to the same conditions, as well as in other cases provided for by the Code and other federal laws.

A striking example of a ban on part-time work is Part 1 of Art. 329 of the Labor Code of the Russian Federation, regulating the work of transport workers: employees whose work is directly related to driving vehicles or controlling the movement of vehicles are not allowed to work part-time, directly related to driving vehicles or controlling the movement of vehicles.

There are no such restrictions established by law regarding the combination. From this we can conclude: combination is possible in relation to any type of assigned work.

The last, sixth, difference between part-time work and combination work is the procedure for terminating this type of employment relationship.

Since performing part-time work means performing other regular paid work along with the main job on the basis of an independent employment contract, then the general grounds established by the Labor Code of the Russian Federation are applied to terminate a part-time employment relationship.

Meanwhile, Art. 288 of the Labor Code of the Russian Federation is established additional basis to terminate an employment contract with a part-time worker: an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer warns the specified person in writing at least than two weeks before the termination of the employment contract.

It should be noted that we are not talking about any employment contract with a part-time worker, but only one concluded for an indefinite period. Fixed-term employment contract based on Art. 288 of the Labor Code of the Russian Federation cannot be terminated.

The procedure for terminating an employment contract in accordance with Art. 288 of the Labor Code of the Russian Federation is prescribed, but its documentation in practice often raises questions. We believe that the dismissal algorithm should be as follows: delivery of a written notice to the part-time worker against signature that it is planned to hire an employee in his place, for whom the work will be the main one; after 2 weeks or more - dismissal of a part-time worker on the basis of Art. 288 Labor Code of the Russian Federation; hiring a key employee.

It is important to note that in judicial practice the question was raised as to whether the dismissal of an employee in accordance with Art. 288 of the Labor Code of the Russian Federation by dismissal at the initiative of the employer and, as a consequence, whether a part-time worker can be dismissed if at the time of dismissal he is on vacation or disabled. The courts do not consider such dismissal to be carried out at the initiative of the employer, and therefore the indicated prohibitions on dismissal on the procedure for applying Art. 288 of the Labor Code of the Russian Federation does not apply.

Unlike part-time the issue of termination of combination is resolved in a simplified manner. According to Part 4 of Art. 60.2. According to the Labor Code of the Russian Federation, the employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

It follows that both parties have the right to terminate the relationship to perform additional work by notifying the other party in writing 3 days in advance.

The simplified procedure for terminating these relationships in court practice has acquired a very interesting consequence: when considering cases challenging the staff reduction procedure, some courts consider that places occupied by combination are vacant and are subject to offer to laid-off employees.

So, we have identified 6 signs that distinguish part-time work from combination work, as well as from any other type of additional work.

The question of the time frame during which additional work is performed deserves special attention.

As mentioned above, part-time work can be formalized for a period or without specifying it. The basis for concluding a fixed-term employment contract with a part-time worker is Part 2 of Art. 59 of the Labor Code of the Russian Federation, which provides for the possibility, by agreement of the parties, to conclude a fixed-term employment contract with a part-time worker. When determining the period for which such an agreement can be concluded, one should be guided by the general provisions on a fixed-term employment contract, according to which its maximum term is 5 years.

Additional work, including in the order of combination, is assigned for a certain period, which follows from Art. 60.2. Labor Code of the Russian Federation. What to do if the parties have not determined a deadline? We believe that in this case the general termination procedure applies, with a written warning to the other party 3 days in advance. It is more difficult to resolve the issue if the period was determined, but has expired, and the employee continues to perform additional work duties. Here the answer may be different depending on the party in whose interests the issue is being resolved. We believe that an employee’s refusal to perform additional work can be carried out by applying the general procedure with notification to the employer 3 days in advance. But an employee in a similar situation may object, citing the analogy of the law (Article 72.2 of the Labor Code of the Russian Federation) and demanding that responsibilities for the additional work performed be included in his employment contract. However, it is worth noting that the resolution of such a situation largely depends on the details of the dispute, for example, on the timing of additional work, the intentions of the parties, and so on.

Speaking about the difference between additional work and part-time work, one cannot help but talk about the characteristics of each type of such work and how they differ from each other. Everything is quite simple here:

• Combination of professions (positions)– performing additional work in another profession (position) during the established duration of the working day/shift. Example: assigning additional work to a driver as a courier.
• If additional work is assigned to the same position as the main work, there is expansion of service areas, increase in the volume of work. Example: an assignment to a sales manager who works with clients in one region to assign clients from a neighboring region.
• Performing the duties of a temporarily absent employee without exemption from the work specified in the employment contract - performing additional work both in another and in the same profession (position), if such work is usually performed by another employee. Example: during the personnel officer’s vacation, the responsibilities for maintaining personnel documentation are assigned to the accountant.

The difference between the first two types of additional work and the third is that the performance of the duties of a temporarily absent employee always involves the fact that there is an employee on staff whose functionality includes additional work. The first two types of additional work are assigned when the position whose functionality is distributed is vacant.

A shortened version of the article by Anna Ustyushenko, published in

personnel records management, labor law

The employee went on maternity leave. Then she will immediately go on maternity leave. There is no one to perform her duties for a long time. The employer does not want to take over from the person and asked me to perform the duties of the absent employee. The HR department asked how I would work, part-time or part-time. I don’t really understand the difference, how does a part-time job differ from a part-time job and under what conditions is it more profitable to work?

Combination and combination of professions and positions are quite common phenomena in work activity. Despite their apparent similarity, they have significant legal differences. There are quite a lot of these differences, so we will focus only on the main ones that apply to a specific situation.

The concept of “part-time work” is given by Article 60.1 of the Labor Code of the Russian Federation, from which it follows that an employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job.

The concept of “combining professions (positions)” is in Article 60.2 of the Labor Code of the Russian Federation, from which it follows that with the written consent of the employee, he may be entrusted with performing other work during the established duration of the working day.

So what is the difference between a part-time job and a part-time job for a particular employee?

1. Registration procedure
   Part-time work requires the conclusion of a separate employment contract, while for combination work it is sufficient to conclude an additional agreement to the existing contract.
2. Working hours
   When working part-time, the employee performs work under a separate employment contract. During a month, the duration of working hours when working part-time should not exceed half of the monthly standard working hours established for the corresponding category of workers. Accordingly, when working part-time, an employee must work out working hours for the main position and additionally work out working hours for a part-time job.
   When combined, additional work is performed within the main working hours.
3. Job responsibilities
   When working part-time, job responsibilities are established in accordance with the employment contract, which can be either fixed-term or indefinite. When combining the list and scope of job responsibilities, the deadline for their execution is determined by agreement of the parties.
4. Salary
   In case of part-time work, remuneration is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract, taking into account established regional coefficients and allowances.
   When combining, payment is made in the form of a premium. Regional coefficients and surcharges do not apply.
5. Temporary disability benefit
   In case of part-time work, it is accrued for both places of work. When combined, the amount of the benefit will depend on the amount of earnings from the main job, taking into account additional payments.
6. Annual paid vacation
   In case of part-time work, vacation pay is accrued in the general manner; vacation is granted simultaneously with vacation at the main place of work. Combination does not provide for the provision of separate leave.

Here are the main points that give an understanding of how part-time work differs from part-time work for an employee. It is up to the employee himself to determine how to structure his work activity. If your job allows it and you want to have more free time, then the combination option is the most acceptable. If you strive for financial gain and belong to the category of workaholics, then it is worth considering the option of part-time work.