Features of regulation of part-time work of certain categories of workers. Peculiarities of legal regulation of labor of part-time employees Particularities of labor regulation of part-time employees

Chapter 44 General provisions on part-time work

Chapter 47 On the issue concerning shift method organization of work, see also Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health of December 31, 1987 N 794 / 33-82. Article 297.

Chapter 48 individual(as amended by Federal Law No. 90-FZ of 30.06.2006) When concluding an employment contract with an employer -

Chapter 50

Chapter 44

Article 285

Chapter 47 special form implementation labor process out of place permanent residence workers when it cannot be provided

Chapter 48

Chapter 50

17.5. Peculiarities of Labor Regulation of Employees Working for Employers - Individuals When concluding an employment contract with an employer - an individual, the employee undertakes to perform work not prohibited by the Labor Code of the Russian Federation or other federal law,

LEGAL REGULATION OF THE LABOR OF PERSONS WORKING PART-TIME WORKING

According to earlier decisions taken The Council of Ministers of the USSR for certain categories of workers retains the following features of the regulation of their part-time work.

11. At several enterprises (associations), in institutions, organizations, part-time jobs in the specialty are allowed: teachers, lecturers, educators, concertmasters and accompanists of schools, secondary special, vocational and other educational institutions equal to them in terms of remuneration of employees, teaching staff pre-school, out-of-school and other children's institutions, healthcare institutions and social security, cultural and art institutions, medical and pharmaceutical workers, veterinary personnel, trainers and leaders of circles (groups of amateur art), accompanists and other specialists of these circles (groups).

12. Wages for the actual load at all places of work are fully taken into account when calculating the average earnings:

teachers and lecturers working in several schools, secondary specialized, vocational and other educational institutions, workers equal to them in terms of wages, as well as pedagogical workers in preschool, out-of-school and other children's institutions (both in one and in several) ;

medical and pharmaceutical workers in medical and preventive and sanitary and epidemiological health care institutions and pharmacies, social welfare institutions, orphanages, boarding schools for orphans and children with mental and physical disabilities, children's preschool institutions, in medical and labor expert commissions and forensic medical examination, as well as sisters of mercy in the Red Cross and Red Crescent Societies of the USSR.

In addition, the calculation of the average earnings of these employees includes additional charges for work that is not considered part-time work (clause 8 of the List of works that are not considered part-time work. The specified List is attached to this Regulation).

13. Highly qualified specialists National economy it is allowed, with the consent of the administration and the trade union committee, to carry out pedagogical work in higher educational institutions and educational institutions (subdivisions) of the system of advanced training and retraining of personnel on a part-time basis in work time up to 4 hours a week with the preservation of their wages at the place of their main work. In the same order, employees of the Academy of National Economy under the Council of Ministers of the USSR and the All-Union Academy are allowed to foreign trade part-time work in higher commercial schools.

14. For teachers (doctors and pharmacists), senior laboratory assistants, laboratory assistants (medical and pharmaceutical workers) of medical departments of higher educational institutions, higher and secondary medical educational institutions, part-time work in healthcare and social security institutions, and managers and scientists medical research institutions (qualified as a doctor or pharmacist) - in medical and pharmacist positions is allowed in the manner established for medical and pharmaceutical workers (in terms of vacation pay and work in several institutions).

15. Junior medical staff part-time work in healthcare and social security institutions is allowed within the monthly norm of working time.

With the permission of the Councils of Ministers of the Union Republics, in certain areas where there is a shortage of doctors, part-time doctors are allowed to work in healthcare and social security institutions within the limits of the monthly norm of working time for the corresponding position.

In part 1 of Art. 282 of the Labor Code of the Russian Federation, part-time work is defined as the performance by an employee of another regular paid job on the terms of an employment contract in his spare time from his main job. The legislation does not limit the number of employers with which an employee can conclude an employment contract for part-time work. Exceptions to this rule may be established by federal law.

An employment contract for part-time work can be concluded by an employee with the same or another employer, but it must indicate that the work performed by the employee is part-time work. Therefore, the condition of part-time employment is an additional provision of an employment contract concluded with an employee to perform other work.

It is not allowed to work part-time for persons under the age of 18, as well as in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions. A ban on part-time work may also be established by other federal laws. In particular, part-time employment is prohibited for persons who are public service, with the exception of their creative and teaching work. The restriction on part-time employment, as already noted, can be established by internal local acts in relation to the heads and members of collegiate executive bodies organizations.

In accordance with Art. 283 of the Labor Code of the Russian Federation, when hiring for a part-time job in another organization, the employee is obliged to present the employer with a passport or other document proving his identity. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or training or their duly certified copies. Copies of documents on the education of the employee can be certified by the employer, to which the employee enters a part-time job. Upon admission to work with harmful and (or) dangerous working conditions, the employee is obliged to provide the employer with a certificate of working conditions at the main place of work. If at the main place of work the employee performs work with harmful and (or) dangerous working conditions, then he cannot work part-time at a similar job. The conclusion of a part-time employment contract with the same employer, that is, for work on an internal part-time basis, takes place on the basis of the documents that the employee submitted when concluding the employment contract for the main job. The exception is cases when part-time work requires special knowledge, which allows the employer to require documents on education or their copies if they are not presented by the employee upon admission to the main job.

The duration of part-time work should not exceed four hours a day. On days when the employee at the main place of work is free from the performance of labor duties, he can work part-time full-time (shift). The duration of part-time work during a month should not exceed half of the monthly norm of working time established for employees of the corresponding category. By general rule when working on a part-time basis total duration working time should not exceed 20 hours per full week of the billing period of one month. Work in excess of that established in Art. 284 of the Labor Code of the Russian Federation, the length of working time is overtime and must be compensated by a part-time worker with increased pay or the provision of other rest time, lasting at least hours worked overtime.

In accordance with Art. 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time is carried out in proportion to the hours worked, depending on the output or on other conditions established 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 who work part-time in areas where coefficients and bonuses to wages are established, remuneration is made taking into account these coefficients and bonuses. Thus, part-time work is paid based on the hours worked or the amount of work actually performed, taking into account the coefficients and allowances established in the area where it was performed. The considered rules should be applied when remunerating employees who have entered into an agreement on part-time work with another employer. When concluding an agreement on internal combination, that is, with the same employer, different wage standards should apply. In this case, an employee of one employer performs another job outside the normal hours of work, which is work in excess of the normal hours of work, i.e. overtime work. this work must be paid to the employee in an increased amount or compensated by the provision of other rest time, which cannot be less than the part-time work. In fact, the conclusion by the same employer with an employee of an internal part-time contract limits the employee's right to receive additional compensation for hours worked overtime. Although Art. 23 of the Universal Declaration of Human Rights, Art. 7 of the International Covenant on Economic, Social and Cultural Rights, art. 22 of the Labor Code of the Russian Federation, employees are guaranteed equal pay for work equal value. In this connection, it is impossible to find a legal explanation for the fact that the value of work outside the normal working hours for the same employer falls after the conclusion of an internal part-time contract with the employee. In part 3 of Art. 37 of the Constitution of the Russian Federation, everyone is guaranteed remuneration for work without any discrimination. In the situation under consideration, the basis for restricting the right of employees to receive compensation for work in excess of the normal working hours is the conclusion of an internal part-time agreement, that is, the type of work performed labor function. Whereas Art. 19 of the Constitution of the Russian Federation guarantees the equality of the rights and freedoms of man and citizen, including when paying for work outside the normal working hours, regardless of official position, that is, on the type of work performed by the employee or the position he occupies. In the situation under consideration, the restriction of the right to receive compensation for work outside the normal working hours occurs on the basis of the conclusion of an employment contract with the employee on internal part-time employment in another position or to perform other work. In connection with the foregoing, the Constitutional Court of the Russian Federation may raise the question of a contradiction in Art. Art. 152, 285 of the Labor Code of the Russian Federation, limiting the right to receive compensation for work in excess of normal working hours, Art. Art. 19, 37 of the Constitution of the Russian Federation, Art. 23 of the Universal Declaration of Human Rights, Art. 7 of the International Covenant on Economic, Social and Cultural Rights. However, according to the statements of part-time workers, their authorized representatives, law enforcement officers on the basis of Art. 23 of the Universal Declaration of Human Rights, Art. 7 of the International Covenant on Economic, Social and Cultural Rights, art. Art. 19, 37 of the Constitution of the Russian Federation, Art. Art. 3, 22 of the Labor Code of the Russian Federation has the right to satisfy the requirements for the provision of compensation established by law for work outside the normal working hours for the same employer on the terms of internal combination.

In accordance with Part 1 of Art. 287 of the Labor Code of the Russian Federation, guarantees and compensations by a person combining work with training, as well as employees working and living in the regions of the Far North and areas equivalent to them, are provided only at the main place of work. That is, for work performed on a part-time basis, they are not provided. The foregoing does not apply to regional coefficients and allowances established in the area where part-time work was performed.

In accordance with Part 1 of Art. 286 of the Labor Code of the Russian Federation to persons working part-time, annual paid holidays are granted simultaneously with leave for their main job. If the employee has worked at a part-time job for less than six months, then the leave is granted to him in advance. However, in this case, vacation is paid based on the average earnings of the employee. Thus, the right of the employee to use leave simultaneously with leave for the main job corresponds to the obligation of the employer to provide this leave, including in advance. The exercise of the right to leave by a person working part-time, simultaneously with leave at the main place of work, does not depend on the discretion of the employer. In the event that the leave for part-time work is less than the duration of the leave at the main place of work, at the request of the employee, the employer is obliged to provide him with unpaid leave, which is necessary for using the leave at the main place of work. The exercise of this right also does not depend on the discretion of the representatives of the employer. Therefore, the right to leave without pay in the situation under consideration arises from the date indicated in the written application of the part-time worker, which must be submitted to the authorized representative of the employer.

In Art. 288 of the Labor Code of the Russian Federation, as an additional reason for the dismissal of part-time workers, the employment of an employee for whom it will be the main one is indicated. Based on Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with persons working part-time. In this connection, they can be dismissed after the expiration of the employment contract.

The criterion for special regulation of the work of part-time workers is that they have another paid job, which is the main one for these persons. The main place of work is recognized where the employee has a work book. After dismissal from the main job, the part-time job becomes the main one for the employee. The employee has the right, after dismissal from the main job, to transfer to the employer for whom he works part-time, his work book. The fact of such a transfer means that part-time work has become the main one for the employee. Therefore, after dismissal from the main job, the employee cannot be considered a part-time employee, and the restrictions that are established for persons working part-time do not apply to him. For example, a part-time worker who quit his main job cannot be legally dismissed in connection with the adoption of workplace a permanent employee, since in this case the work performed has become the main one for him.

Textbook "Labor Law of Russia" Mironov V.I.

• labor law