282 law of the Labor Code of the Russian Federation, extract from the journal. Theory of everything. Is vacation allowed

Full text Art. 282 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 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.

Part-time work of persons under the age of eighteen is not allowed, at 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 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 Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

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

1. Part 1 of the commented article contains a definition of the concept of "part-time employment". Based on this definition, part-time work is, first of all, the performance of other work in free time from the main job. From this definition, we can conclude that part-time work always implies the presence of the main job, which should be understood as labor activity, which the employee performs during most (main) part of the working time. In addition, the definition of the concept of "part-time work" contains an indication of a very important condition that characterizes part-time work, which consists in the fact that part-time work is another job in free time from the main job. In other words, part-time work should not interfere with the main job.

Part-time work, like the main job, is paid.

2. Part 2 of the commented article implies the right of the employee to perform an unlimited number of part-time jobs, that is, the conclusion of employment contracts for part-time work with an unlimited number of employers, depending on their capabilities and abilities to perform other work.

This right is based on the provisions of the Constitution of the Russian Federation that everyone has the right to freely dispose of their abilities to work (Article 37 of the Constitution of the Russian Federation).

From part 3 of the commented article, it follows that there are two types of part-time jobs:
- internal - performance by the employee of other paid work for the main employer;
- external - performance by the employee of other paid work for other employers.

Any work, including work in a similar position, specialty, profession, performed at the place of main work (see the Cassation ruling of the Krasnodar Regional Court of August 18, 2011 in case No. 33- 18868/11).

3. In part 4 of the commented article, an element of the content of the employment contract on the performance of part-time work is fixed. In an employment contract for part-time work, there must be a provision stating that the work performed under this employment contract is part-time work.

At the same time, it should be taken into account that if an employee terminated employment relations with the employer at the main place of work, then part-time work does not automatically become the main one for him (this conclusion is contained, for example, in the Cassation ruling of the Krasnodar Regional Court of August 18, 2011 in case N 33 -18868/11).

4. Part 5 of the commented article defines the categories of workers who are prohibited from working part-time:
- minors;
- employed in work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions;
- other categories may be established by the Labor Code of the Russian Federation and other federal laws.

For example, official duties head of state or municipal educational organization, branches of a state or municipal educational organization cannot be performed part-time (Article 61 of the Federal Law "On Education in the Russian Federation"); employees of the Investigative Committee are not entitled to combine their main activities with other activities on a reimbursable basis, except for pedagogical, scientific and other creative activities (Article 5 of the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation"), etc.

5. Part 6 of the commented article contains a blanket rule regarding the peculiarities of regulating part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers). These features are established in the manner prescribed by federal law. So, according to the 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", the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers are determined by the Ministry of Labor and social protection of the Russian Federation in agreement with the Ministry of Health of the Russian Federation, the Ministry of Culture of the Russian Federation and the Ministry of Education and Science of the Russian Federation and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

These features are established by a decree of the Ministry of Labor and social development RF of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers", according to which, in particular, the duration of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers within a month is established by agreement between employee and employer.

Consultations and comments of lawyers on Article 282 of the Labor Code of the Russian Federation

If you still have questions about Article 282 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

  • Chapter 8. PARTICIPATION OF EMPLOYEES IN THE MANAGEMENT OF THE ORGANIZATION
  • Chapter 9. RESPONSIBILITY OF THE PARTIES OF SOCIAL PARTNERSHIP
  • PART THREE
  • PART FOUR
    • Section XII. FEATURES OF LABOR REGULATION OF CERTAIN CATEGORIES OF EMPLOYEES
      • Chapter 40. GENERAL PROVISIONS
      • Chapter 41
      • Chapter 42
      • Chapter 43
      • Chapter 44
      • Chapter 45
      • Chapter 46
      • Chapter 47
      • Chapter 48
      • Chapter 48.1. PECULIARITIES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL BUSINESS ENTITIES, RELATED TO MICRO-ENTERPRISES (introduced by Federal Law of 03.07.2016 N 348-FZ)
      • Chapter 49
      • Chapter 49.1. FEATURES OF REGULATION OF THE LABOR OF REMOTE WORKERS (introduced by the Federal Law of 05.04.2013 N 60-FZ)
      • Chapter 50
      • Chapter 50.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR STATELESS PERSONS (introduced by Federal Law No. 409-FZ of December 1, 2014)
      • Chapter 51
      • Chapter 51.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN UNDERGROUND WORKS (introduced by Federal Law No. 353-FZ of November 30, 2011)
      • Chapter 52
      • CHAPTER 52.1. PECULIARITIES OF REGULATION OF THE LABOR OF SCIENTIFIC WORKERS, HEADS OF SCIENTIFIC ORGANIZATIONS AND THEIR DEPUTIES (introduced by Federal Law No. 443-FZ of December 22, 2014)
      • Chapter 53.1. PECULIARITIES OF REGULATION OF THE LABOR OF EMPLOYEES SENT TEMPORARYLY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER THE LABOR AGREEMENT FOR EMPLOYEES (STAFF) (introduced by Federal Law No. 116-FZ of 05.05.2014)
      • Chapter 54
      • Chapter 54.1. PECULIARITIES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by Federal Law No. 13-FZ of February 28, 2008)
      • Chapter 55
  • PART FIVE
  • PART SIX

    • Article 282 of the Labor Code of the Russian Federation. General provisions about 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.

    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.

    Peculiarities 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 okay 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.

    Restrictions for part-timers

    Citizens can combine work in several organizations, as well as occupy several jobs at once. positions at the main job. This activity is called partnership. Article 282 of the Labor Code of the Russian Federation is devoted to general provisions in the field of combined labor. Part-time work, as well as any work, work is formalized. contract. You can combine both different positions, and work in the same specialization for different employers. However, the law contains restrictions on the combination of labor for certain categories of workers. So, employees managing transport cannot simultaneously work in several companies in the same position. This restriction is logical, since overwork can end in tragedy for drivers. Also, you cannot choose part-time work with harmful or dangerous conditions if the main job is also harmful or dangerous. (part 5 of article 282 of the Labor Code of the Russian Federation). But such employees are not prohibited from holding other positions. To exclude the combination of two dangerous positions, the following measure is provided: the employee presents a certificate of the nature of work at the main place of work when he is registered for an additional place. There are also categories of citizens who are completely prohibited (completely or if certain conditions are not met) to work part-time, with the exception of engaging in scientific, creative or teaching activities (STP activities). It:

    • minors;
    • heads of administrations (except NTP activities);
    • judges (other than NTP activities);
    • prosecutors (other than NTP activities);
    • employees of the RF IC (Investigative Committee) (except for NTP activities);
    • members of the Federation Council (except NTP activities);
    • deputies (except NTP activities);
    • federal workers. state bodies. security (except NTP activities)
    • intelligence officers (other than NTP activities);
    • employees of the Central Bank of the Russian Federation according to the list of the board of directors (except for NTP activities);
    • alternative civil servants (with work in other organizations)
    • heads of internal affairs bodies, departments of the Ministry of Internal Affairs and their deputies (except for NTP activities).
    At the same time, the scientific and technical progress of this number of employees (the only one that they have the right to engage in part-time work) cannot be financed from foreign or international sources. For a number of the listed categories of citizens, part-time employment is not prohibited, but only limited. So civil servants can, by notifying the employer, work part-time for money, if this does not entail a conflict of interest. The law establishes the same rules for municipal employees. In addition, the heads of organizations are also limited in their right to combine labor, as they can get a job in another place only with the permission of the authorized body of the legal entity. faces. For municipal leaders and Mrs. unitary enterprises rules are even more stringent. They cannot part-time engage in paid work in the state. authorities, local governments, commercial and non-profit organizations, except for NTP classes. Athletes and coaches also have restrictions. They can work in their specialty for another employer only with the consent of the management at the main place of work.

    Hiring associates

    An important feature of labor the contract with a part-time job is an incomplete day, that is, a mismatch in the time of work of this particular specific employee with the schedule of other employees of the organization. The working time of a part-time worker must be established by his work. contract. When hiring a part-time job, employers require from him the same documents that are usually needed for the main employment. The only exception is the work book, since it must be in the main organization. Sometimes additional paperwork may be required:

    • if it is supposed to be combined when working with hazardous or harmful conditions, then the management will ask for a certificate from the main place of work stating that work there is not dangerous or harmful (Article 282 of the Labor Code of the Russian Federation);
    • if a driver is employed, then a certificate is required that he does not occupy the same position at the main place of work (Article 329 of the Labor Code of the Russian Federation);
    • if the head of another company is employed, then permission for part-time employment will be required from the board of directors or a meeting of participants in this organization (Article 276 of the Labor Code of the Russian Federation).
    It may happen that, while finding a part-time job, a citizen cannot provide the indicated certificates and documentary evidence. In this case, the new employer takes a statement from the part-time employee that his main job does not restrict the right to part-time work. Such a statement will help the employer avoid fines for violating the Labor Code of the Russian Federation. Article 282 of the Labor Code of the Russian Federation prohibits the employment of persons under 18 years of age. The duration of the working time of a part-time worker should not exceed 20 hours per week. You can work no longer than 4 hours a day, except for days when you have a day off at your main job. Work is being done. relationship with the part-time worker as well as with other employees. Only an entry in the work book is not affixed. If the employee expresses a desire, the main employer can add to the work. corresponding entry book.

    Loss of a part-time job

    Some part-time employees believe that after the loss of the main place they have the right to apply for a full-time job at the place of part-time work. They even believe that simply notifying management that they have lost their main job is enough to automatically get a full-time position. However, it is not. I signed the work. part-time contract, the employee receives a certain status. The change in this status has nothing to do with the change in status at the main place of work. This conclusion is based on the norm of part 4 of article 282 of the Labor Code of the Russian Federation. It states that the condition of part-time work is mandatory in labor. contract. And change required condition agreements can only be made in writing and by mutual agreement of the parties. Therefore, it is possible to become the main employee at the place of part-time employment only by reaching a consensus with the management and concluding an additional. agreement to an employment contract. By default, the part-time worker does not become the main worker.

    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 employees (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 separate view labor contract.

    Compatibility features are:

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

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

    Exception from general rule 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 in the main working time with preservation 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 employment 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 an educational institution with additional payment by agreement between the employee and the employer;

    6) pedagogical work in the same primary or secondary institution vocational education, in preschool educational institution, in an educational institution general education, institution additional education children and other 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 medical workers in excess of the monthly norm of working time according to the schedule, etc.;

    8) work in the same educational institution or other children's institution in excess of the established norm of hours of pedagogical work for the wage rate teaching staff, 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, cannot be carried out in the same profession, specialty or position, which is provided for by the main employment contract. This restriction is recognized by many experts as unreasonable and inconsistent with the practice of using personnel on conditions 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:

    Physicians and average medical staff cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration 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 under the jurisdiction of the constituent entities of the Russian Federation or bodies local government, - in the manner determined by the authorities state power subjects of the Russian Federation or local authorities;

    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 per 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 rule 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 public service in the Russian Federation"), municipal employees (except for scientific, teaching and creative activities (clause 1, article 11 of the Federal Law of January 8, 1998 N 8-FZ "On the Basics 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 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")), 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 Communication")), employees federal bodies state protection- except for scientific, teaching and creative activities (if it does not interfere with the performance official duties), except in cases where part-time employment is caused by official necessity (clause 4, article 19 of the Federal Law of May 27, 1996 N 57-FZ "On State Protection"). This also includes staff members foreign intelligence 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 in cases where 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 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 educational institutions, institutions Catering, 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 Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions for part-time service (work) 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 work book, since the name 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, is limited. legal entity or the owner of the property of the organization, or a person or body authorized by the owner, in accordance with Article 276 of the Labor Code. 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, combining the director, CEO, members of the board or directorate joint-stock company positions in the management bodies of other organizations is allowed only with the consent of the board of directors ( supervisory board) companies, in accordance with paragraph 3 of Article 69 of the Federal Law of December 26, 1995 N 208-FZ "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 government 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 job 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 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. characteristic features part-time jobs 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 workers 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) management of graduate and doctoral students by employees who are not on the staff of the institution (organization), as well as the management of a department, 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 employment, in addition to the main employment contract, a second employment 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 work is caused by official necessity (clause 4, 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, 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 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 a governing body 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 (clause 3, 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 to employees whose work is directly related to driving vehicles or traffic control Vehicle, part-time work directly related to driving vehicles or driving traffic is not allowed (see article 329 of the Labor Code of the Russian Federation and commentary thereto). 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 of the head of the 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, is limited (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.

    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.

    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 employees (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 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 and 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 Regulation 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 jobs are defined - internal (in the same organization with which the employee is already in labor relations under the main employment contract) and external - from another employer;

    4) it is mandatory to indicate in the employment contract that this work is a combination;

    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 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 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 activity, 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 the legislative (representative) bodies of state power of the 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, 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. Art. 4950; 2005. N 27. Art. 2708, No. 30 (Part I, Art. 3104)).

    The head of the organization may 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 countryside and in urban-type settlements, 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.

    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.

    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 employees (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.

    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 work at the main place of work job duties, 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

    Remuneration for the 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 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 working part-time in areas where district coefficients and allowances to wages, remuneration is made taking into account these coefficients and allowances.

    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 employee's annual paid leave 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 norms labor law, 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 writing warns the specified person at least two weeks before the termination of the employment contract.

     

    It might be useful to read: