Can a person work part-time. What do you need to know about part-time work? Quick step by step guide
Some are so busy at work that there is not even a thought of a part-time job. But some people are ready to "drag" in addition to the main job, also a part-time job. Can an employer ban part-time work? What rights does a partner have? How is the combination of positions different from part-time work?
Not so long ago, Mikhail Prokhorov's proposal to increase the working week to 60 hours a week caused a huge public outcry. True, few people noticed that it was only about capabilities employee to work for the employer up to 60 hours, and not about responsibilities. Well, and to open the Labor Code and compare it with what is now provided by law regarding part-time jobs and combining positions, practically no one seemed interested in general. But it would be worth it ... But - first things first.
Four days a week or just a few hours a day. In fact, about eleven million people work part-time in Germany. Most of them are women and want this to happen. We talk about how a part-time job works.
First of all, part-time work is defined by the fact that you work fewer hours than a regular full-time employee. Working hours and schedule are fixed or variable. In addition to simply reducing hours, savings in working time are also possible, allowing you to take longer breaks later on with additional pay and social security protection. An important difference between a classic part-time job and a €450 job is that they retain the same rights and obligations as full-time employment with employers and social security funds.
part-time
According to Article 60.1 of the Labor Code of the Russian Federation, an employee has the right to work part-time, that is, to conclude employment contracts for the performance of any other work in his free time from his main work activity. Wherein Companionship can be both internal and external- accordingly, an employee can work both for the same employer and for others, moreover, in accordance with Article 282 of the Labor Code of the Russian Federation - from an unlimited number of employers.
Who can apply for a part-time job?
For example, in a job for 450 euros, you are socially less secure, for example, do not pay in a pension fund. Especially on parental leave, more and more mothers and fathers want to work at least partially. Contact with colleagues and work are supported. “In practice, it is increasingly required that he or she work at least 15 to 30 hours a week on a part-time basis for three years of parental leave,” Hermann Gloisten, Halle labor lawyer. However, to go from full-time to part-time, you must have worked for at least six months at your company and the company must have more than 15 employees.
Only minor workers cannot be part-time workers. In addition, it is impossible to get a part-time job for hard work, work with harmful and (or) dangerous working conditions if the main job is associated with the same conditions. In some situations, the law may provide for other restrictions on part-time work. Thus, the charter of an organization may prohibit the sole head of a legal entity from heading another organization. And for certain categories of workers (for example, for pedagogical, medical and pharmaceutical workers, cultural workers), the conditions for part-time jobs are established by separate laws and government decrees.
If you ask for a reduction in your previous full-time work at least three months before your desired start, then the boss can agree to it or reject it no later than one month before that date. However, for the rejection, he must put forward important reasons. For example, if the organization, work processes or company security are at risk due to their incomplete operation. He has to justify it really well, because especially for part-time work during parental leave, certain organizational efforts can be expected.
Part-time job placement
The procedure for part-time employment is not so different from the usual one: an employment contract is also concluded, an order for employment is issued, the employee must be familiarized with all the local regulations of the organization necessary for work.
However, there are also differences. Firstly, when applying for a job, an employee must present only a passport or other identification document, and, if necessary, a document on education, specialty or qualifications. Secondly, the employment contract must necessarily indicate that this is part-time work.
Other features of part-time work
Without a reason, the boss should not refuse. You apply for a part-time job at least three months in advance, preferably in writing and informally. In this application, offer your boss the desired working hours and distribution of hours. You don't have to justify your app, but it makes the best impression. How you organize your work in practice depends on the structure of your company. When are people needed? Does the company work in shifts, even on weekends and so on? This means that you may want to work a week and then spend a week, or only work from Monday to Wednesday and then for free.
As for the work book, the part-time worker is not required to present it when applying for a job (although, of course, it is worth having a copy of it so that the employer can evaluate your professional path). Accordingly, the employer does not make an entry in the work book. However optional the employee must make such an entry at the main place of work, for which he must bring a document certifying part-time work (certified copies of the employment contract and the order of employment).
But if this is practically impossible, the boss may refuse. Therefore, discuss with him at an early stage a possible and all acceptable model. When applying for a part-time job, you don't have to be afraid of depreciating in the company. Accordingly, you do not need to accept a low-paying job at all. Of course, it depends on your needs. The free time you spend with your child and partner is hard to count. The point is that you get less money and pay less for unemployment, pension and care funds.
With the help of the online calculator from the Federal Ministry of Labor, you can plan in advance what your financial situation will look like. The boss can't cut your hourly wage for a part-time job. Likewise, you have the same vacation entitlement. For example, if you come full-time with 30 days vacation up to six free weeks, then you have four working days a week with 24 days vacation entitlement. Including weekends, you also get six weeks of total vacation per year.
Example 1 I work as a manager in an LLC. Now I want to get another part-time job, but I don’t want my main job to know that I work somewhere else. How can I best formalize my employment relationship with another firm?
You just need to conclude an employment contract with another company for part-time work. At the same time, in accordance with Article 283 of the Labor Code of the Russian Federation, it is not necessary to provide a work book to the second employer, respectively, it is not necessary to take it from the first. And an entry about part-time work in the work book is entered at the main place of work, but only if the employee himself writes a corresponding application.
Duration of part-time work
Work every working day of the week, just a few hours, and your vacation will be fully saved. Part-time employees have the same rights as all other employees of the company. The same rules apply for holidays, special holiday payments, Christmas or bonuses. Likewise, you are equal in continuing to pay wages in the event of sickness and protection from dismissal. Your employer must also continue to provide you with access to education and training.
So, if you don't want the main employer to know that you work somewhere, then he won't know.
Problems can arise only for the general director of an LLC, if the company's charter prohibits him from holding a part-time job in the same position, the rest of the employees should not have problems.
Duration of part-time work
No compulsion to partial or full time
If you are full-time and the situation in the company is deteriorating, then the boss cannot force you into a part-time contract. So refuse to accept such an offer, the boss must not end. This applies equally to the direction from part-time to full-time.
For almost a year, 31-year-old Mattias Erren counted before asking his boss for an interview. Legally, the issue was clear - he also did not doubt his decision. However: Rarely have I had such an unpleasant conversation, he says. He had the feeling that he had violated his statement against the unwritten laws: "One of them is already a trailblazer when applying for a part-time job."
According to article 284 of the Labor Code of the Russian Federation, the duration of working hours when working part-time should not exceed four hours a day. If on some day the employee does not work at the main place of work, then he can work part-time and full-time. At the same time, within one month or another accounting period, the entire duration of part-time working time should not be more than half of the normal working time for the corresponding category of employees.
Erren has neither children nor sick relatives. The correspondence application, he said, is in addition to the assignment to have some time for himself. As a medical assistant at a Bremen hospital, he came with 100% work quickly up to 55 hours a week. Added to this was the considerable burden of night services. Three years later, he had had enough: he felt like he was on a hamster wheel. Hobbies and friends - everything was too short.
Young, unskilled workers who want to shorten their work hours for a better work-life balance sound unusual. But Eren's desire will be expressed in the future by more and more young professionals, says Jutta Rump. The professor heads the Institute for Employment and Employment at the Ludwigshafen University of Applied Sciences and conducts research on trends in the world of work.
And now let's calculate: the usual 8-hour working day with a five-day work week, plus four hours a day with the same five-day work week. So you get exactly the same 60 hours that Prokhorov says: if you want - work 40 hours, if you want - 60. So the excitement, to put it mildly, is incomprehensible: no one suggested forcing an employee to additional free work ...
At the same time, many give great importance life outside of work. For a career, abandoning a partnership or family is out of the question for most. That's because everyone knows that due to demographic changes, they have to work until they are at least 67, Rump says. And since there is a shortage of skilled workers in the first sectors, many young professionals can make demands on companies.
It's time to get started - is it possible? This is also true for Erren - Goda. Although his boss wasn't thrilled, as the doctor's assistant brought an hourly wish. At first he even tried to bluff. He said he first had to check if it was legal, says Erren. But Erren learned that, under the Part-Time and Fixed Term Law, every employee has a part-time job that lasts more than six months at a company with at least 15 employees.
Example 2 I work in a company under an employment contract - according to it, I am forbidden to work not only part-time, but also under work contracts in other commercial organizations. Is it legal? I'm going to get a part-time job - can I conclude a contract at the same time? Are there any restrictions on the duration of work?
Erren remained heavy - and eventually won. However, anyone working as a part-time starter should also be aware of the risks. Especially with older colleagues, the desire for total rush to face misunderstandings, warns Julia Hapkemeyer. The psychologist advises companies on the topic of personnel development and helps in case of conflicts between generations. Colleagues who have struggled for many years in their careers may react negatively. Then quickly phrases like: "Listen, he'll be fine!".
Flexibility calms the boss and colleagues. Therefore, both experts recommend approaching the part-time application as a career starter as strategically as possible. To avoid co-workers' envy and boss misunderstandings, it would be better to start over full-time and reduce work hours after one or two years of work. “And then they prefer to switch to 75% instead of 50% work,” advises Jutta Rump.
In accordance with the Labor Code of the Russian Federation, an employee has the right to conclude employment contracts for part-time work with an unlimited number of employers, that is, the main employer can prohibit part-time work for an employee only in cases expressly provided for by law (we discussed this above), and not at his whim. No permission from the main employer is needed here - calmly conclude a regular employment contract.
This way they could make sure they didn't get stuck on the corporate ladder. Tip from Hapkemeyer: "Despite the part-time work, you must attend important meetings." Problems with colleagues can often be avoided tritely, as new members let them know when to work and they can be reached in part-time. For Have a good mood also worry if newbies are flexible and can be reached even outside office hours.
Erren also did not insist on his ideas. Initially, he wanted to cut his full-time job down to 75 percent. But it blocked his boss from the start. The compromise now looks like it only reduces by 20 percent.
As for civil law contracts, work on them cannot be regarded as part-time employment at all, since they are not labor contracts. Therefore, such activities do not affect the duration of the total working time provided for by law.
Other features of part-time work
"And what are you doing now with everything free time? His boss wanted to know recent times. Read more, exercise and go out - "just normal things", answered Matthias Erren. Together with friends he tries right in the city of Bremen around the allotment.
For the former, working a few hours a day can take them away from the specter of unemployment or allow them to increase their monthly income by combining part-time work with their main occupation. And, from a companies perspective, part-time work could be a viable alternative to drastically reducing the workforce.
Many employees who work part-time have questions about holidays: holidays are provided at their main job, but what about the second job? This issue is regulated by article 286 of the Labor Code of the Russian Federation: in this case, the employer must provide leave simultaneously with leave at the main place of work, and, of course, also pay for it. If at the main job the vacation is longer, then at part-time work they must provide the missing days, but without pay.
This is not a new formula, but much smaller. Working several hours a day, several days a week or on weekends, for several decades has been a full-fledged alternative in the world of work. Firstly, because it allows very specific sectors of society to carry out their main activities, keeping in touch with the world of work, such as students or people in charge of educating children in the family, Secondly, since it can mean a different and idiosyncratic way of life, offering Part-time employment as an additional family income, very useful for paying bills, or as an additional salary that is added to the main activity, can significantly improve a person's standard of living.
The dismissal of part-time workers usually occurs according to the same rules as the termination of an employment contract with "main" employees. But Article 288 of the Labor Code of the Russian Federation also establishes an additional basis for the dismissal of a part-time job: he can be fired if an employee is taken in his place, for whom this work will be the main one. In this case, the part-time worker must be warned at least two weeks before the dismissal.
Example 3 The part-time worker worked in the firm for only three months. He is fired at the initiative of the employer (a new employee has come to a permanent job). Should a part-time worker be compensated for unused vacation?
According to Article 286 of the Labor Code of the Russian Federation, persons working part-time are granted annual paid holidays simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, he is granted leave in advance.
Thus, the right to part-time leave can be obtained even earlier than at the main job, which is confirmed by the same article: if the part-time worker has worked for less than six months, then he is granted leave ahead of schedule. And, therefore, upon dismissal, he is also entitled to compensation in accordance with Article 127 of the Labor Code of the Russian Federation for unused vacations.
You can approach the issue more simply: a part-time job is the same employee as everyone else, and the norms of the same article 127 of the Labor Code of the Russian Federation and all provisions of the Labor Code of the Russian Federation on holidays apply to him in the same way as to the main employees.
Part-time job and combination of professions (positions)
Above we wrote that part-time work is external and internal. In addition to partnership, there is combination of professions (positions) - it is described in article 60.2 of the Labor Code of the Russian Federation . Combination is often confused with internal combination. In fact, the difference here is simple: if part-time work is work in extra time from the main work, then the combination occurs during main business hours. Let's say the chief accountant is also the financial director of the company, and the watchman also performs the duties of a janitor.
However, often such a combination is imposed on the employee by the employer. Usually this happens when another employee goes on vacation or sick leave, and someone needs to perform his duties. In many organizations, these responsibilities are “automatically” transferred to another employee, whose consent no one asks.
But this is wrong, because in accordance with Article 60.2 of the Labor Code of the Russian Federation, "the period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee." That is, without the consent of the worker himself, it is impossible to force him to do someone else's work - after all, forced labor is prohibited here.
Accordingly, in order to obtain the consent of the employee to combine positions in such a situation, he needs to offer something, namely, to pay for his additional work, as Article 149 of the Labor Code of the Russian Federation clarifies, in accordance with the law and local regulations. The staffing table also belongs to such local acts ... That is, in fact, the employee must pay the salary of the absent employee.
At the same time, the employee, even agreeing to additional work, may at any time refuse such a combination by writing a statement to the employer three days before the termination of this work.
Example 4 During the vacation of the head of the department, I was appointed his deputy. Do I have to pay something extra - is my work enough for me?
According to Article 151 of the Labor Code of the Russian Federation, employees who, simultaneously with their main job, perform the duties of a temporarily absent employee in the same organization without being released from their main job, must be paid an additional payment for performing the duties of a temporarily absent employee.
Article 60.2 of the Labor Code of the Russian Federation provides approximately the same: to replace another employee, the consent of the employee, expressed in writing, is required. Accordingly, and agree on the terms of payment for such work.
Combine various works not easy - even part-time, even combined, so the law establishes certain rules of the game that you just need to know ...
You may also find our other articles on workers' rights helpful: Annual paid leave: what an employee should know about, Demotion: how to defend your rights? How to conclude an employment contract?Employment book: before canceling put in order
Viktor BELANOV
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In our difficult economic times, many Russians are thinking about part-time jobs, since the main income is not enough. To get a part-time job, you need to know some of the nuances.
How to get a part-time job?
In order to get a part-time job, a person must understand that, first of all, he must perform his duties at the main place of work with high quality and be a good employee at the second place of work, since if a person fails to fulfill his duties prescribed in job descriptions, a person may lose his job, whether , then the main employment or part-time.
If a person is sure that the main work will not be damaged, and he will cope with two jobs at the same time, then the following documents will be required from him: a passport, medical policy certificate of pension insurance. Based on these documents, he can get a part-time job. In case of part-time employment, the employer is not entitled to demand from the employee work book, since it is in the personnel department at the main place of work, but he may require a copy of it, certified by the main employer.
Having signed an employment contract and starting his duties at a part-time job, the employee must know that he, like all employees, is entitled to bonuses, deductions to the pension fund from wages, paid leave, etc. According to the law, a person working part-time should not be infringed upon in anything, but also perform their duties efficiently and on time.
You should also be aware that under labor law (Article 65) it is prohibited to work part-time for minors, people working in heavy industries, people working in hazardous industries or in industries associated with a risk to life. All other categories of citizens can freely get a part-time job.
That, in principle, is all that a person should know on the issue of "how to get a part-time job." It should also not be forgotten that failure to fulfill one's duties at part-time work will be punished in accordance with all the rules, since the employee does not have any privileges in this regard.
It’s hard to work two jobs at once, every person should understand this, but if need forces you to take such a step, then you need to weigh the pros and cons so as not to lose not only a part-time job, but also your main job due to failure to fulfill your direct duties before the employer
