282 of the Labor Code of the Russian Federation, the same positions. Combination and combination in the new edition of the Labor Code of the Russian Federation. Combination or combination

New edition Art. 282 of the Labor Code of the Russian Federation

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

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

Part-time work can be performed by an employee both at the place of his main job, and with other employers.

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.

Commentary on Article 282 of the Labor Code of the Russian Federation

Part 1 of Article 282 introduces a definition of the concept of "part-time employment", distinguishing it as a separate type of employment contract.

Compatibility features are:

1. Work under another (besides the main) employment contract.

2. Work outside the working hours of the main employment contract.

An exception to the general rule is established by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to subparagraph "c" of paragraph 1 of this Decree, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work.

Pedagogical, medical, pharmaceutical and cultural workers are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

1) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

2) medical, technical, accounting and other expertise with a one-time payment;

3) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

4) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

5) the implementation by employees who are not on the staff of the institution (organization), the management of graduate students and doctoral students, as well as the head of the department, the management of the faculty of the educational institution with additional payment by agreement between the employee and the employer;

6) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;

7) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

8) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

9) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs 2 - 7 is allowed with the consent of the employer during regular working hours (paragraph 2 of the Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41).

The conclusion by one employee of several contracts on part-time work, unless otherwise provided by federal law, is quite acceptable.

There is a difference between internal combination (at the place of the main job) and external (with another employer).

Internal part-time work consists in the fact that two labor contracts are concluded with the employee - the main one and the contract for part-time work. Part-time work in the same organization with which the main labor contract is concluded cannot be carried out in the same profession, specialty or position, which is provided for by the main labor contract. This restriction is recognized by many experts as unreasonable and inconsistent with the practice of using personnel on the terms of internal combination.

Part 3 of Article 333 of the Labor Code establishes the permission to work part-time in a similar position, specialty, and in accordance with the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" determines the duration of work concurrently, which should not exceed:

Doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by the federal executive authorities, and in institutions and other organizations that are under the jurisdiction of the constituent entities of the Russian Federation or local governments - in the manner determined by state bodies. the authorities of the constituent entities of the Russian Federation or local governments;

Junior medical and pharmaceutical personnel - the monthly norm of working hours, calculated from the established duration of the working week;

Pedagogical workers (including trainers-teachers, coaches) - half of the monthly norm of working time, calculated from the established duration of the working week;

Pedagogical workers (including trainers-teachers, trainers) who have half of the monthly norm of working time for their main work is less than 16 hours a week - 16 hours of work per week;

Cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration of the working week.

Internal part-time employment is not allowed in cases provided for by paragraph 4 of Article 98 of the Labor Code, when a reduced working time is established. However, the Labor Code and other federal laws may establish exceptions to this rule. So, part 5 of article 282 of the Labor Code is supposed to establish the features of part-time work for certain categories of workers. This legal norm was clarified by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41. The categories of workers named in it can work part-time and in cases of reduced working hours (with the exception of jobs for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation) . For example, medical workers for whom, in accordance with Article 350 of the Labor Code, reduced working hours are established, can work on an internal part-time basis if their work is not related to harmful working conditions, which are an independent basis for limiting working hours.

The Labor Code for certain categories of employees provides for prohibitions or restrictions on part-time work, in particular for persons under the age of 18, civil servants (except for scientific, teaching and creative activities (clause 1, article 11 of the Federal Law of July 31, 1995 N 119 -FZ "On the basics of public service in the Russian Federation"), municipal employees (except for scientific, teaching and creative activities (clause 1 of article 11 of the Federal Law of January 8, 1998 N 8-FZ "On the basics of municipal service in the Russian Federation")), prosecutors (except for scientific, teaching and creative activities (Article 40.2 of the Law of the Russian Federation of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation")), judges (except for scientific, teaching, literary and other creative activity (clause 3, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation")), members of the Federation Council and deputies of the State Duma (except for teaching, scientific oh, other creative activity (p. 2 tbsp. 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation")), to persons in command and employees of federal courier communications (except for creative, scientific, teaching work (Article 9 of the Federal Law of December 17, 1994 N 67-FZ "On Federal Courier Communications")), employees of federal state security bodies - except for scientific, teaching and creative activities (if it does not interfere with the performance of official duties), except for cases if the combination is caused by official necessity (clause 4, article 19 of the Federal Law of May 27, 1996 N 57-ФЗ "On State Protection"). This also includes employees of the personnel of the foreign intelligence agencies of the Russian Federation (with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 . N 5-FZ "On Foreign Intelligence")), employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank (with the exception of teaching, research and creative activities (Article 90 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)")). According to the Order of the Central Bank of the Russian Federation of February 4, 1997 No. N 02-15, all employees of the Bank of Russia system, with the exception of employees of subordinate organizations engaged in non-core activities (medical workers, employees of educational institutions, public catering establishments, trade, health institutions), do not have the right to work part-time, hold positions in credit and other organizations, unless otherwise established by the Board of Directors of the Bank of Russia.

The right to combine jobs is limited for citizens undergoing alternative civilian service, it is prohibited to combine it with work in other organizations (paragraph 2 of article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal combination for the heads of internal affairs bodies, departments, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of Russia and their deputies (with the exception of creative, scientific and teaching activities (clause 4 of the Decree of the Government of the Russian Federation of July 23, 1993 No. N 720 "On the procedure and conditions of service (work) part-time in the system of the Ministry of Internal Affairs of the Russian Federation")).

The work of other police officers concurrently in the system of the Ministry of Internal Affairs of the Russian Federation is carried out in the manner established by the Government of the Russian Federation (Article 20 of the Law of the Russian Federation of April 18, 1991 N 1026-1 "On the Police"). Decree of the Council of Ministers of the Russian Federation of July 23, 1993 N 720 establishes the following features of part-time work for employees of internal affairs bodies: services (work); b) dual employment is not allowed with subordination or control of positions in the main and combined service (work); c) part-time workers are not provided with guarantees and compensations provided for in the system of the Ministry of Internal Affairs of Russia, and also no bonus is paid for length of service.

In addition, it is not allowed to work part-time in heavy work, work with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as heavy, harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. To this end, Article 283 of the Labor Code provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, difficult, dangerous), to provide a certificate of the nature and working conditions at the main place of work. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

To a certain extent, the right to work part-time of the head of the organization, who can hold paid positions in other organizations only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person or body authorized by the owner, in accordance with Article 276 of the Labor Code, is limited to a certain extent. Here we are talking only about positions. Thus, part-time work as a worker is allowed without any approvals and permits.

Separate federal laws specify the procedure for such approval. For example, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company, in accordance with paragraph 3 of Article 69 of the Federal Law of December 26, 1995 N 208- Federal Law "On joint-stock companies".

The strictest rule is provided for in paragraph 2 of Article 21 of Federal Law No. 161-FZ of November 14, 2002 "On State and Municipal Unitary Enterprises". Here, the head of a unitary enterprise cannot hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

A specific feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code makes it possible to conclude fixed-term employment contracts with part-time workers. The inclusion in the employment contract of a condition on the duration of its validity does not require an indication of the circumstance (reason) that served as the basis for concluding a fixed-term employment contract, since the status of a part-time worker itself serves as such a circumstance.

Another feature of part-time work is, since the regime of work and rest for a part-time worker does not coincide with the generally accepted in this organization. The employment contract of the part-time worker must establish a condition on the time of work of the part-time worker.

Another commentary on Art. 282 of the Labor Code of the Russian Federation

1. An employee has the right to conclude employment contracts for part-time work with any employers - both legal entities and individuals (Article 60.1 of the Labor Code of the Russian Federation).

In part 1 of Art. 282 of the Labor Code of the Russian Federation, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as a special type of employment contract. The characteristic features of part-time employment are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. An exception to the general rule is established by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers." According to sub. "c" clause 1, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours with the preservation of wages at the main place of work.

For pedagogical, medical, pharmaceutical and cultural workers, the following types of work are not considered part-time and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;

f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;

g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational institutions, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41).

2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.

3. There is a difference between internal (at the place of the main job) and external (with another employer) part-time job.

With internal part-time work, in addition to the main labor contract, a second labor contract is concluded with the employee - on part-time work - and an additional order is issued on hiring part-time.

It should be noted that Art. 98 of the Labor Code, which previously established for internal part-time work a restriction in the form of a ban on working in the same profession, specialty or position, which is provided for by the main employment contract, has become invalid. This means that from October 6, 2006, employers can use their own staff on the terms of internal combination, entrusting any work.

Another prohibition contained earlier in Art. 98 of the Labor Code, - for internal part-time jobs with reduced working hours for the main job.

Part-time work is prohibited:

Persons under the age of 18 (part 5 of article 282 of the Labor Code of the Russian Federation);

Municipal employees - except for scientific, teaching and creative activities (clause 2, article 14 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation");

Judges - except for scientific, teaching, literary and other creative activities (clause 3, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation");

Members of the Federation Council and deputies of the State Duma - except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation ");

Deputies, elected officials working on a permanent basis - except for teaching, scientific, and other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in referendum of citizens of the Russian Federation");

Persons in command and employees of the federal courier communications - except for creative, scientific, teaching work (Article 9 of the Federal Law of December 17, 1994 N 67-FZ "On Federal Courier Communications");

Employees of federal bodies of state protection - except for teaching, scientific and other creative activities (if it does not interfere with the performance of official duties), except in cases where part-time employment is caused by official necessity (clause 4 of article 19 of the Federal Law of May 27, 1996 N 57 -FZ "On State Protection");

Employees of the personnel of the foreign intelligence agencies of the Russian Federation - with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 N 5 -FZ "On foreign intelligence");

Employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank, with the exception of teaching, research and creative activities (Article 90 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia )");

Citizens undergoing alternative civilian service are prohibited from combining it with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal part-time work;

Heads of internal affairs bodies, divisions, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of Russia and their deputies - with the exception of creative, scientific and teaching activities (clause 4 of the Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions of service (work ) concurrently in the system of the Ministry of Internal Affairs of the Russian Federation").

With regard to civil servants, the ban on part-time work has been replaced by restrictions established by the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation". In particular, according to paragraph 2 of Art. 14 of the Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of the management body of a commercial organization on a paid basis (with the exception of cases established by federal law). In addition, after dismissal from the civil service, a citizen is not entitled to fill positions in organizations for two years if certain functions of managing these organizations were directly included in his official duties (paragraph 3 of article 17 of the Law).

It is not allowed to work part-time in heavy work, work with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as heavy, harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code of the Russian Federation provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, difficult, dangerous), to provide a certificate of the nature and working conditions at the main place of work. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

In accordance with Part 1 of Art. 329 of the Labor Code of the Russian Federation, employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles (see article 329 of the Labor Code of the Russian Federation and commentary to it). Thus, in relation to transport workers, the legislator establishes not a ban, but a restriction on part-time work.

To a certain extent, the right to work part-time is limited to the head of an organization, who can work for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person or body authorized by the owner (see Article 276 of the Labor Code of the Russian Federation and commentary thereto) . Some federal laws specify the procedure for such approval. Thus, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company (clause 3 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies").

The most severe rule is established by paragraph 2 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". The head of a unitary enterprise is not entitled to hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

3 comments

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the “internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

1. Labor relations of persons working part-time are for the first time regulated at the legislative level in the Labor Code. Previously, the work of part-time workers was regulated by the Decree of the Council of Ministers of the USSR of September 22, 1988 N 1111 and the Regulation on the conditions of part-time work adopted in accordance with it, approved. Decree of the USSR State Committee for Labor, the USSR Ministry of Justice and the All-Union Central Council of Trade Unions of March 9, 1989 N 81/604-K-3/6-84. It should be noted that the very concept of "part-time work" in the Labor Code has not changed. In accordance with part 1 of the commented article, work under an employment contract is part-time if:

an employment contract is concluded with an employee who is already in an employment relationship with the same or with another employer;
under this contract, other work is performed, in addition to the main one;
the work performed under another employment contract is regular and paid, and this work is performed by the employee in his spare time from his main job.

2. An employee has the right to conclude employment contracts for part-time work with an unlimited number of employers (part 2 of article 282 of the Labor Code of the Russian Federation). At the same time, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. Exceptions are cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of an organization has the right to work part-time for another employer only with the permission of the authorized body of the legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (see comments to Article 276).

3. According to part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under another employment contract with the same employer is called an internal part-time job, for another employer - an external part-time job (see comments to Article 60.1).

The commented article allows work in the order of internal part-time work both in the same specialty (profession or position) in which the main work is performed for this employer, and in another. In other words, an employee can work in the order of both external and internal part-time jobs in any specialty, profession or position stipulated by the employment contract, incl. and in the same way as in the main work.

4. When concluding an employment contract for part-time work, it must, along with other conditions, necessarily indicate that the work is part-time work (part 4 of the commented article; see also comments to article 57). Both internal and external part-time employment are formalized by an employment contract concluded in writing. In this case, the rules established by Art. 67 (see commentary to it).

By concluding an employment contract on part-time work, the employee acquires an appropriate legal status under this contract, which does not automatically change due to changes taking place at the main place of work. For example, if an employee terminated the employment relationship with the employer at the main place of work, then part-time work does not become the main one for him. Such a conclusion follows from the content of part 4 of article 282 of the Labor Code of the Russian Federation, according to which the condition of part-time work is a mandatory condition of the employment contract, and art. 72 of the Labor Code, which provides that changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and in writing (see comments to article 72).

5. Part 5 of the commented article provides for which categories of workers and under what conditions part-time work is prohibited.

In accordance with it, in all cases, part-time work of persons under the age of 18 is not allowed.

Persons engaged in their main job in heavy work, work with harmful and (or) dangerous working conditions, can work part-time, provided that the work performed in part-time work is not related to the same conditions, i.e. severe, harmful and/or dangerous.

Employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles. The list of jobs, professions, positions directly related to driving vehicles or managing vehicle traffic is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (see comments to Article 329).

It is not allowed to work part-time in other cases, if it is expressly provided for by federal law. So, in accordance with Art. 14 of the Law on Municipal Service, municipal employees are not entitled to engage in part-time employment in other paid activities, except for pedagogical, scientific and other creative activities. According to Art. 21 of the Law on State and Municipal Unitary Enterprises, the head of a unitary enterprise is not entitled to be a founder (participant) of a legal entity, hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activities, be the sole executive body or a member of the collegiate executive body of a commercial organization, except in cases where participation in the bodies of a commercial organization is part of the official duties of this head.

6. Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in accordance with part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations.

Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (SZ RF. 2003. N 15. Art. 1368) established that the features of part-time work of these workers are determined Ministry of Labor and Social Development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

In accordance with the aforementioned Decree of the Government of the Russian Federation, the Ministry of Labor of Russia adopted Decree of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers" (BNA RF. 2003. N 51).

This Decree establishes the following features of part-time work for pedagogical, medical, pharmaceutical and cultural workers:

a) these categories of employees have the right to work part-time at their main place of work or in other organizations, incl. in a similar position, specialty, profession, and in cases where a reduced working time is established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation);

b) the duration of part-time work for the specified categories of employees during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

for medical and pharmaceutical workers - half of the monthly norm of working hours, calculated from the established duration of the working week;
for medical and pharmaceutical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;
for doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week;
for junior medical and pharmaceutical personnel - the monthly norm of working time, calculated from the established duration of the working week;
for teaching staff (including coaches, teachers, trainers) - half of the monthly norm of working time, calculated from the established duration of the working week;
for pedagogical workers (including trainers-teachers, trainers) whose half of the monthly norm of working time for their main work is less than 16 hours per week - 16 hours of work per week;
for cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration of the working week;
c) the pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work.

According to clause 2 of the Resolution, for the specified categories of workers, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

a) literary work, incl. work on editing, translating and reviewing individual works, scientific and other creative activities without holding a full-time position;
b) medical, technical, accounting and other expertise with a one-time payment;
c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;
d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;
e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;
g) work without holding a regular position in the same institution and other organization, incl. fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, leadership of subject and cycle commissions, work on the management of industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to graphics, etc.;
h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;
i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

Carrying out the work specified in sub. "b" - "h", is allowed during the main working hours with the consent of the employer.

When applying Article 282 of the Labor Code of the Russian Federation, it should be borne in mind that the said Decree should be applied taking into account the changes introduced by the Federal Law of June 30, 2006 N 90-FZ in Art. 284. In accordance with the new wording of this article, the length of working time when working part-time is limited, as a general rule, to half the monthly norm (the norm of working hours for a different accounting period) established for the corresponding category of workers (see commentary to Article 284) .

Article 282. General provisions on part-time work

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

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

Part-time work can be performed by an employee both at the place of his main job, and with other employers.

The employment contract must indicate that the work is part-time.

Article 283

When applying for a part-time job with another employer, the employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or a duly certified copy, and when hiring with harmful and (or) dangerous working conditions - a certificate of nature and working conditions at the main place of work.

Article 284

The length of working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees.

Limitations on working hours when working part-time, established by part one of this article, do not apply in cases where the employee at the main place of work has suspended work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with parts two or four of Article 73 of this Code.

Article 285

The remuneration of labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract.

When establishing for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed.

Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account these coefficients and supplements.

Article 286

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.

If at a part-time job the duration of the annual paid leave of the employee is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him leave without pay of the corresponding duration.

Article 287. Guarantees and compensations for persons working part-time

Guarantees and compensations to persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.

Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

Article 288. Additional grounds for termination of an employment contract with persons working part-time

In addition to the grounds provided for by this Code and other federal laws, 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 in writing the specified person at least two weeks before the termination of the employment contract.

Part-time employment is the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

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

Part-time work can be performed by an employee both at the place of his main job, and with other employers.

The employment contract must indicate that the work is part-time.

Commentary on Art. 282 of the Labor Code of the Russian Federation

1. The concept of “part-time employment”, given in this article, as an independent type of employment contract, allows us to distinguish it from the concept of “combination of professions (positions)”, in which the employee performs additional duties under the concluded employment contract (see commentary to Article 151 of the Labor Code RF).

2. The possibility of part-time work may be limited both by the need to obtain an appropriate permit (for example, this applies to the head of the organization - see the commentary to Article 276 of the Labor Code of the Russian Federation), and by a direct ban for certain categories of workers (for example, for persons under the age of 18 years, in hard work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases established by federal laws).

3. As an exception to the general rule, pedagogical, medical and pharmaceutical workers, cultural workers can work in an internal combination and in a similar position, specialty during the main working hours with the preservation of wages at the main place of work (see Resolution of the Ministry of Labor of Russia of June 30 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical and pharmaceutical workers, cultural workers" // BNA RF. 2003. N 51).

Second commentary on Article 282 of the Labor Code

1. In part 3 of Art. 282 the words “in other organizations” are replaced by the words “with other employers”. This means that in addition to the main work under an employment contract, an employee has the right to conclude employment contracts with other employers, both with organizations (legal entities) and with individuals (individual entrepreneurs, etc.).

In the previous Part 5, the words "established by federal laws" were replaced by the words "provided for by this Code and other federal laws."

Part 5 Art. 282 became part 6, and the former part 6 became part 5.

The fact that the main, most significant features of the labor regulation of certain categories of workers are established by the Code and other federal laws, was reflected in the content of the last (sixth) part of this article. Other features of the regulation of part-time work of pedagogical, medical and pharmaceutical workers, cultural workers may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

2. The working conditions of part-time workers (features of labor regulation) were provided for by the Decree of the Council of Ministers of the USSR of September 22, 1988, with an addition of September 17, 1990 (SP USSR. 1988. N 33. Art. 93; 1990. N 26. Art. 127), and the Regulations approved by the Decree of the USSR State Labor Committee together with the USSR Ministry of Justice and the All-Union Central Council of Trade Unions on March 9, 1989, as amended on August 15, 1990 and November 25, 1993 (Bulletin of the USSR State Labor Committee. 1989. N 6).

The Code contains norms on part-time employment and provides for the possibility of regulating part-time employment by other federal laws, as well as in the manner determined by the Government of the Russian Federation (for certain categories of employees). In accordance with these acts, the specific conditions of part-time employment for each employee are determined by the employment contract. In this regard, the need to use the above regulatory legal acts is lost. Moreover, their main provisions were used in the preparation of Ch. 44 of the Code.

3. Article 282 contains several general rules on concurrent employment:

1) the concept of combination is formulated;

2) the possibility of combining jobs with several employers is established;

3) two types of part-time employment are determined - internal (in the same organization with which the employee is already in labor relations under the main employment contract) and external - with another employer;

4) it is mandatory to indicate in the employment contract that this work is a part-time job;

5) provides for internal differentiation in the regulation of part-time employment for certain categories of workers;

6) a ban on part-time work is established for a number of categories of workers.

4. In accordance with Part 1 of Art. 282, part-time work is understood as the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

5. Internal part-time employment is possible if there is an agreement between the employee and the employer - the employee's application and the permission of the employer, the conclusion of a second (in relation to the main) employment contract between the same parties.

Signs of internal combination are as follows:

1) work for the same employer;

2) work in a different profession, specialty or position compared to the main job;

3) work outside the normal working hours (more precisely, outside the normal working hours established for the main job);

4) work under another employment contract existing in parallel with the main employment contract.

6. In accordance with Part 2 of Art. 282 the conclusion of employment contracts for part-time work is allowed with several employers, unless otherwise provided by federal law.

Signs of external combination are:

1) work for another employer (other employers);

2) work can be in any profession, specialty, position, including similar to that which is performed at the main place of work;

3) work outside the normal working hours (standard working hours) for the main job;

4) work under another labor contract (other labor contracts) in addition to the main labor contract. At the same time, the main employment contract and employment contracts for part-time employment exist simultaneously.

It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Code and other federal laws (h 5 article 282 of the Labor Code of the Russian Federation).

Currently, it is forbidden to perform paid work on a part-time basis (except for scientific, teaching and creative activities): municipal employees (see Federal Law of January 8, 1998 "On the basics of municipal service in the Russian Federation" // SZ RF. 1998. N 2. Article 224; 1999. N 16. Article 1933); judges (see Law of the Russian Federation “On the Status of Judges in the Russian Federation” dated June 26, 1992, with subsequent changes // Vedomosti RF. 1992. N 30. Art. 1792; SZ RF. 1995. N 26. Art. 2399; 2001. N 51. St. 4834; 2004. N 35. St. 3607)) and to some other persons.

A civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest (part 2 of article 14 of the Federal Law of July 27, 2004 N 79-ФЗ “On the State Civil Service of the Russian Federation” // SZ RF, 2004, N 31, article 3215).

Deputies working on a permanent basis, elected officials are not entitled to engage in entrepreneurial activities, as well as other paid activities, with the exception of teaching, scientific and other creative activities; deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation cannot hold other public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as public positions of the civil service and municipal positions of the municipal service, be deputies of other representative bodies of state power or representative bodies of local self-government; deputies of representative bodies of local self-government, elected officials of local self-government cannot be deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of constituent entities of the Russian Federation, and also hold public positions in the civil service and municipal positions in the municipal service. Other restrictions related to the status of a deputy, an elected official may be established by federal law (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation ”, as amended by the Federal Law of August 22, 2004 N 122-FZ (SZ RF. 2002. N 24. Art. 2253; 2003. N 27. Art. 2711; 2004. N 35. Art. 3607, N 50. Article 4950, 2005. No. 27. Article 2708, No. 30 (Part I, Article 3104)).

The head of an organization can hold paid positions with another employer, but he needs to obtain permission from the authorized body of the legal entity or the owner of the property of the organization or a person (body) authorized by the owner (see part 1 of article 276 of the Labor Code of the Russian Federation).

Other restrictions are also established for the head of the organization (see part 2 of article 276 of the Labor Code of the Russian Federation).

Citizens undergoing alternative civilian service are not entitled to combine it with work in other organizations (see paragraph 4, clause 2, article 21 of the Federal Law "On Alternative Civil Service" dated July 25, 2002 N 113-FZ, as amended by the Federal Law No. 122-FZ of August 22, 2004 // SZ RF, 2002. No. 30. Article 3030; 2004. No. 35. Article 3607).

Features of regulation of part-time work for certain categories of employees are established by separate regulatory legal acts. Thus, the duration of part-time work in health care bodies of medical workers living and working in rural areas and in urban-type settlements is determined by Decree of the Government of the Russian Federation of November 12, 2002 N 813 (SZ RF. 2002. N 46. Art. 4595).

Features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers are determined by the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 (Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 8. P. 48).

8. In the employment contract with a part-time job, as well as in the order (instruction) on hiring him, it must be recorded that this work is a part-time job. This is an essential condition of the employment contract.

No permits are required for entering work in the order of external part-time employment, unless otherwise provided by law.

It might be useful to read: