External compatibility. Combination and part-time. How to apply for external registration
An employee of one firm / company maywork, after her or in her workday on the second job, and do it regularly and formally, with the execution of the contract and the appropriate receipt of wages and all due payments. This form of labor is called external compatibility - if the employee works at different enterprises, and internal part-time - if on the same.
And quite officially you can work not onlyon two, but also on three or more works. For example, on the main for a full-time, on the second - for 0.5, for the third - for 0.25. Internal and external compatibility is common in both public and private structures. And although the latter have at times more options, the basic provisions for all remain the same.
Registration of the part-time worker
According to the legislation,image a person can and should be formalized. The standard package of documents is sent to the personnel department: passport, identification code, etc. It is impossible to provide the original labor because it is in the main place of work, but the person has the right to demand, and the personnel department to issue a certified extract.
Further it is necessary to sign the contract with the enterprise for which the part-time job is performed. The registration is as follows:
- a candidate's application for employment is submitted, with the attached documents;
- at the enterprise the labor contract is made;
- 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 commits his duties.
In the personnel and accounting department a personal card is entered into the employee and the personnel number is assigned.
Contract for part-time
The contract is made, as a rule, on the basis of the standard agreement of the institution. And necessarily includes the following information:
- date of drawing up, name, requisites of the employee and the employer and their signatures;
- rights and obligations of the parties;
- payment order;
- provisions regarding working hours and rest;
- information on the possibility and procedure for termination of the contract;
- period of validity of the document.
The last point is quite important. The contract can be of two types - urgent and indefinite. In the first case, it operates until a certain period, after which it can be terminated permanently or extended further. In the second, it acts until one of the signatories decides to terminate the external compatibility. The entry in the workbook is made at the main place of work (at the request of the employee).
The trial period and the procedure for its appointment
The decision on the appointment of a probationary period is made by the head. If the post for which the employee is accepted assumes a test period, then he can be appointed.
Also probation period can be appointedleader, if he considers it necessary (although the post may not require his passage). In any case, this should be reflected in the employment contract.
Working hours and wages
A part-time employee should not workmore than four hours a day. Work full-time (but not longer) is allowed only if the main place at the moment is 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 time worked and to maintain compliance - part-time work should not take more than half of the time that is spent on the main job.
The payment of labor to such an employee is determined bya manager who can at the same time proceed from such indicators as the number of hours worked, the sales figure, the amount of work performed, etc. It is also necessary to accept the allowances assigned to the main employees in such a position. The method of calculating wages can also be reflected in all details in the contract.
In addition, there is a provision, according towhich, external work must be paid in accordance with the established minimum. If after calculation the salary goes out less, the legislation stipulates additional payments.
Full time work
In terms of the number of hours worked, the external part-time worker can not legally work full time on both jobs. However, full-time remuneration is quite possible.
The amount of wages is established bythe employer, and he can assign the external part-time worker the same payment that the main employees receive in such a position. All these nuances must be present in the contract.
Legislation regulates not onlythe duration of the work of the part-time worker, but also the conditions. If the main job is harmful to health, then the employee must take the second one, also with harmful conditions, the employer has no right. If external compatibility involves difficult or harmful conditions, the employee should be provided with a certificate from the first workplace that he does not perform there similar work.
The same applies to employees managing transport flows and drivers.
Decree, study and planned leave
External part-time employees are entitled to an annualleave of at least the length set by the state, as well as compensation in the event that the leave was not used. The employment contract must contain information on the procedure for granting, and its time is indicated in the schedule of the company's leaves
In addition, the Labor Code states that leavemust be provided at the same time at the main and additional place of work. Its duration should also be the same. Since it is possible to formalize external compatibility without the knowledge of the main employer, the employee is responsible for compliance with this rule. It is desirable to warn both employers in advance and agree on dates.
If the second place of work the employee has workedless than six months, the company must provide him with an advance payment. In the case when the main place of work for a person more free days, on the second part-time employee can take additional at his own expense.
In addition, an employee may take leave in such cases:
- if he labored unnaturally;
- if he performed work of a special nature;
- if he has sufficient experience;
- as an incentive from the employer.
External compatibility provides for the right tomaternity leave and study leave. The first is given for the same period of time on both the main and the additional place of work. If the employee has worked at both enterprises for the last two years, she can receive maternity payments both there and there. Hospital sheets are served in both places.
Care for the child, however, the law allows you to pay only one job, and the future mother is allowed to choose where.
With regard to study leave, then, according tolegislation, it is provided on the basis of documents from the educational institution in the main workplace. Student benefits are also provided only there. Laws regulating external compatibility do not provide for them for part-time workers.
Employee at this time can either take a vacation forhis account, or continue to fulfill his duties - this will not be considered a violation, because the work is performed in his spare time in combination.
Hospital Outpatientis provided for by law, but only if the employee has worked for at least two years. More correctly, such length of service entitles to payment of temporary disability allowance. If it is not, then payment of the sick leave occurs only at one place of work.
Notes in the workbook
As already mentioned, a person does not needto inform the management that he has decided to get a job in the second place and register an external part-time job. The entry in the workbook in this case 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 part-time are two prettysimilar but distinct concepts. If the second job is performed in the spare time from the first time, then when you combine positions or professions - during the main job, in parallel, without being released from it. The performance of the duties of another employee for the time of his absence applies here. The law does not limit the number of posts and jobs that one employee can perform.
Who can hold several posts
Previously, labor legislation restricted the circle ofspecialists who were allowed to combine posts. However, in 2009 this changed. Now, according to the rules, reconciliation is possible for any person, provided that he agrees (here there is a serious difference from the conditions that people put forward to joint work: the design of cooperation in two or more enterprises is not allowed for policemen, part of scientists and some other categories of citizens ).
The only limitation relates to the leaders of an organization or institution - people occupying such positions can not simultaneously perform supervisory functions, for example, they are auditors.
For registration it is necessary that the required postwas present in the staff list of the enterprise. The head of a state institution has the right to independently approve the staffing table. The consent of the body performing the functions of the founder is not required for this. And you can combine both a position for which a full rate is envisaged, and a post with 0.75 or 0.25 rates.
The amount and duration of the dutiesdetermines 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 term, the amount of new duties, the amount of the surcharge is inscribed. The employee must give his consent in writing, for example, by writing on the order "I do not mind" and putting his signature.
There is no legislative restriction ontime, during which the employee can perform work on combining. Both the employee and the employer can terminate the work on juxtaposition ahead of time - this should be notified in writing and no later than three working days.
Legislation does not regulate the minimum orthe maximum amount of monetary compensation, so the amount of additional payments is established by agreement of the parties. At state enterprises, the amount is determined in relation to the salary in the main position. For example, plus 55% of the salary, 0.25 salary, etc. However, although the combination and part-time are well secured by law, there are no clear and ambiguous calculation schemes for private companies. Here, how much the person will eventually receive depends largely on the decision of the manager.
Thus, the employee performing thethe combination of professions or positions, there must be additional payments. However, they are not necessary if the employee does additional work. In this case, a premium is possible, if it is stipulated in the provision on incentive payments that is accepted in this particular institution.