Viewing sites with vacancies does not always mean a person's desire to change one employer to another - often people seek to find a part-time job by taking a second or even a third job. But is it possible in this case to get a job officially?
Is it possible to get official employment in two places of work?
Russian labor legislation does not prevent the simultaneous work in two or more places - in accordance with Articles 60.1 and 282 of the Labor Code, a person officially employed in any organization has the right to work part-time in his free time. Moreover, a combination of jobs can be both internal, when a person “moonlights” in his own organization, or external. For example, if a university teacher, in his free time with students, administers the university website (and receives half of the engineer's rate for this), the combination will be internal, if he simultaneously lectures at another educational institution or conducts courses to prepare for the exam in a private educational center - external.
At the same time, employment "according to the law" in the second place of work in this case does not interfere. Moreover, the law does not stipulate the number of organizations in which the same person can be officially employed with the conclusion of an agreement, payment of taxes and the provision of official guarantees. So, for example, accountants often "keep records" for several organizations at once, while relations with each of them can be "formalized".
However, when working officially in two or more locations, several conditions must be met:
- one of the jobs is the main one;
- labor duties at other jobs are performed during free time from the main workload;
- with a part-time employee, an employment agreement is concluded, which clearly stipulates his rights, obligations and work schedule.
- at the place of work, the volume of workload is no more than half of a full working week.
If a person works in several places at once, his total weekly workload should not exceed 1.5 of the "norm" established by law. For medical and pharmaceutical workers, as well as for teachers and cultural workers (who often work “underload” at their main place of work), special calculation rules are established. For example, health workers working in rural areas or in small villages, in some cases, can work part-time up to 39 hours a week.
Who cannot work part-time
Not all citizens have the right to “official part-time work”; for some categories of persons, part-time jobs are “prohibited”. So, they cannot get a second job in addition to the main one:
- teenagers who have not reached the age of majority: the maximum permissible working hours for them are more stringent, for employees under 16 years of age, the workload cannot exceed 24 hours a week, from 16 to 18 - 35 hours;
- people working in heavy or hazardous industries - additional workload in this case is considered a threat to health.
Restrictions are also imposed on persons whose work is directly related to the management of vehicles (drivers, train drivers, etc.) - after all, excessive labor zeal leading to overwork can pose a threat to the life and health of others. Representatives of these professions can get a second job only if their work duties are not related to "driving".
The ban on "parallel employment" also applies to representatives of a number of professions, where combining positions can lead to corruption or a conflict of interest: these are prosecutors and law enforcement officials, municipal officials, members of the government, judges and lawyers, etc.
Features of the device for a second job
The process of getting a second job has a number of peculiarities. So, if we are talking about external part-time jobs, a package of documents that is submitted to the personnel department will include a passport, if necessary, a diploma confirming the fact of having a special education (original or certified copy) or other documentary evidence of proper qualifications. If the working conditions in the place of work are harmful or dangerous, in accordance with Article 283 of the Labor Code, the employer also has the right to request from the applicant for a job a certificate of working conditions at the main job. After the documents are provided, an employment contract is signed, in which it is mandatory to indicate that this is a part-time job and the working regime is negotiated.
If we are talking about part-time work in another position in your own organization, then all the documents necessary for employment are already available in the personnel department. In this case, the employment process for an employee is extremely simple and comes down to only signing another employment contract.
Records of part-time work in the work book
Combining work can both be recorded in the work book, and remain "behind the scenes" - it all depends only on the desire of the employee himself.
In this case, the work book is always kept by the main employer - it is issued to the employee only upon dismissal, and all entries in it are made to the personnel of the personnel department from the "main" job. Therefore, in order for the "parallel" work to be reflected on the labor pages, the employee must contact his employer with a corresponding request. And even if we are talking about work in an outside organization, the record will still be made by personnel officers from the place of their main work.
If it is necessary that information about work "on the side" be entered into the labor one, an employment contract concluded with another organization or a signed order of employment is attached to the application with a request to make a corresponding entry in the document.
But working in two places with two work books is illegal. The document confirming the "work path" of the employee must exist only in a single copy, stored at the main place of work. And to get a second work book and get formalized for two "main" jobs at once - a direct violation of the law.
If the fact of having a second document "emerges" - the company that issued it may be subject to penalties, and the employee himself may have problems with calculating seniority and calculating a pension, drawing up a tax deduction, etc. It is also possible to bring a person who has violated labor legislation in this way to administrative responsibility.
Social guarantees for part-time workers
A part-time worker is a full-fledged employee of the organization who has all labor rights. The employer makes all the necessary contributions that are taken into account when calculating a future pension or when receiving tax benefits; in case of illness, the sick leave is paid by each of the employers (however, in this case, it is necessary to issue two sick leave certificates); vacation pay is paid; when determining the size of wages, regional allowances and other increasing coefficients are taken into account, etc. The only exceptions to this rule are the regions of the Far North and areas equated to them - in them benefits can be used exclusively at the main place of work.
In addition, Article 297 of the Labor Code of the Russian Federation stipulates that employees who combine work with study in correspondence or evening form, study leave are paid only at the main place of work.
But part-time workers are in a rather advantageous position in terms of registration of regular vacations: in the second job, leave should be provided at the same time as at the main duty station. At the same time, the rule “leave is granted only after six months worked” does not apply here: even if 2-3 months have passed since the moment of employment for the second job, the bosses are obliged to sign the leave application “in advance”. And, if at the main place of work the employee is entitled to an "extended" vacation - at the place of part-time work, he has the right to "add" the days taken at his own expense to the vacation.
