LawRegulatory Compliance

Combination and part-time: the difference. Employment contract concurrently. Complementary supplement

In recent years, we are increasingly confronted with such concepts as alignment and part-time. The difference of these terms for most of the employees is invisible. In reality, the concepts are very different from each other in terms of design and wages. Those who are going to raise their level of income, should know the difference of combination from part-time.

Definition of concepts

The concept of "work on overlapping" refers to those cases where an employee of an organization during a working day is involved in the performance of labor duties of several posts. At the same time, he also manages to work in his main post.

What is the difference between combining with part-time? Working part-time involves regular performance of labor duties for a non-main job in their spare time. Compatibility can be internal or external. There are no concepts of external and internal alignment.

Internal and external cooperation

At internal compatibility the worker carries out duties on other posts at the same enterprise. This increases the working time. The search for such vacancies can drag on indefinitely.

With external compatibility, the employee can get a job at another enterprise. He can work only in his free time. The names of additional professions, as a rule, are very different from the main ones.

Peculiarities of performing part-time employment duties

The conciliator is obliged to perform fully and basic and additional work. Jobs can be two or more. The work schedule of a part-time worker has its own characteristics. The working time is taken into account in the report card. If the work involves internal compatibility, an employee of the organization can be assigned an additional personnel number. The payment is made according to the contract.

The working time of the part-time worker should not exceed 50% of the normal working time. That is, if a 40-hour load is provided for the main employees per week, then for the part-time employees this figure will not be more than 20.

Employees of enterprises performing part-time jobs can be sent on business trips. With internal part-time, there are no problems with the organization of working hours. But with an external employee can be sent on a business trip only when free from the performance of basic labor duties. If there is no possibility to postpone a business trip, employers conclude an agreement on the order of performing the work by the employee.

The legislative framework

The main document, which governs the implementation of additional work, - TC RF. Questions relating to part-time services are contained in 60 (1), as well as 282-288 articles. Articles 60 (2), 151 regulate the combination. TC RF as for combining, and with part-time, requires the formulation of written consent of management and employees. This rule extends to internal alignment and compatibility of any type. The procedures for recruitment are always prescribed in the internal documents of the organization.

Processing process

Enrollment in the organization is by order. The order is signed by the director, coordinated with the personnel department and the immediate head of the new employee.

What is fundamentally different in the registration process, combining and combining? The difference is that when working in combination with a newly-made employee, a separate employment contract is concluded. It indicates the amount of salary, working time, as well as the fact of part-time work. At the request of a new employee, you can make a record in the work book, which is in the personnel department at the main place of work, about part-time work.

If it is necessary to conclude a labor contract for part-time, then when combining this do not need to. It is only necessary to provide the personnel department with the consent of the employee to perform additional work in writing. An additional agreement is drawn up , which is attached to the main employment contract. No marks in the work record are made.

Salary

Supplement for the combination is regulated by an additional labor agreement. This information is also contained in the order on combining. At the same time, an additional payment for the addition of an additional post is added to the basic salary of an employee without any bonus and extra-bonus payments. Often, the amount of payment is calculated as a percentage of the basic salary. If the payment is a piece-rate, then the amount of payments is calculated depending on the amount of output. A bonus for an additional position can be paid to a co-worker.

The employment contract concurrently assumes that the new employee from others is no different. The size of the salary is calculated on the basis of the actual hours worked. The order of payments is similar to that applied to key employees. Prizes and allowances can be accrued. However, the salary of such an employee, as a rule, is less, since it works less. But if the payment is made taking into account the work done, then it can be more than the main employees.

Compatriots can be involved in overtime work. The labor law mentions the norm for overtime work: no more than 4 hours for a two-day period. During the year this time can not exceed 120 hours. Labor remuneration is based on Article 152 of the Labor Code.

Vacation

What is the difference between combining with part-time in the issue of paying a vacation? The combination assumes that the employee fulfills additional labor duties without interruption from his / her main activity. Therefore, the amount of vacation is calculated based on the basic and additional earnings. Leave, both in the primary and in the additional position, must coincide.

If we talk about part-time, the employee has equal rights with the main employees. The concurrent agreement assumes the calculation of the leave payments on an equal basis with all employees. For example, the main employee is entitled to an annual 28-day leave. The conciliator also has the right to paid leave in 28 calendar days. This rule applies to both maternity leave and study leave. Leave at part time should be given to the employee, even if his schedule is built to the detriment of additional work. For example, if the employee is sent to a legal leave on the basis of the main place of work, and the additional one is not yet available, the employer releases the part-time worker in advance. Often the number of vacation days in the main place of work is more than the additional one. Then at an additional place of work, an additional leave is made for the difference of these days without saving wages.

Taxation

When combining or combining, income tax is paid in the general order, both from the basic and from the additional wages. However, the amount of the tax deduction can be reduced if the employee has underage minor children. You can take advantage of this privilege either in the main or in the additional place of work. Taxes levied on wages are listed:

  • To the pension fund;
  • To the social insurance fund;
  • To the health insurance fund.

Termination of employment

A part-time employment contract can be terminated both on general grounds and at the expiration of its term, if we talk about an urgent agreement. By decision of the head of the contract can be terminated unilaterally. This can happen if a new employee is enlisted in the staff, who will perform the duties of a part-time employee as the main ones. However, the part-time employee must be notified of this decision in writing 14 calendar days before the expected date of termination of the employment agreement.

If the work is carried out under the contract of reconciliation, termination occurs on general grounds and, as a rule, after the expiration of its validity period. These works are temporary. An employee of an organization has the right to refuse to perform additional work duties even before the expiry of the agreement. The employee can also free himself from the additional work of the employee. In this case, the employee must be notified in writing of the termination of additional duties for 3 calendar days before the termination of the agreement.

Compatibility and the combination of professions

External part-time workers have the right to work at least in two completely different professions. Also, the combination and combination of posts can be on the same or similar in terms of work duties. These issues are not explicitly stated in the labor legislation, as part-time employees perform duties in coordination with the management. The conciliator is obliged to perform the full work, both basic and additional. It is important to note that usually a combination within the same organization can be in the same job categories. In some cases, managers allow for overlapping in different positions and occupations.

Combining and Combining Teachers and Business Leaders

The Russian labor legislation does not mention the imposition of clear restrictions on work on combining and combining for managers of enterprises and organizations.

For example, if the organization is small, the CEO can also perform the work of an accountant or other staff specialist. In this case, compatibility is formalized according to general rules. Calculation of wages for the performance of duties for an additional post will be made on the basis of the work performed. The amount of time is not taken into account, as labor duties are performed within the normal working day. The bank must provide samples of signatures, both the head of the enterprise and the accountant. If these posts are combined by one person, then only one sample is required.

Teachers of educational institutions of various levels also have the right to combine posts. The combination and combination of pedagogical workers can be formalized both in one and in several organizations simultaneously. The work can only be done by taking into account the requirements established by labor legislation. A teacher in the Labor Code can work at least 16 hours a week. If the combination takes place during the vacation period, the labor is paid according to the usual scheme.

Who can not work part-time

Not all categories of part-time workers can perform work on additional posts. According to the Russian labor legislation, the following can not be accepted for part-time work:

  • Minors;
  • Police and prosecutors;
  • Employees of municipal, state and government organizations;
  • Employees of the intelligence service, FSO, federal feldsvyaz;
  • Managers without agreement with the owner of the enterprise;
  • judges;
  • Lawyers;
  • Persons who are members of the Board of Directors of the Central Bank;
  • People doing hard work;
  • Persons working under harmful working conditions;
  • Persons involved in work related to the management of vehicles.

As agreed with the management, employees can be internal part-time employees, but only in the same category or branch of the organization. It is important to take into account the fact that employees must have the necessary level of skills and skills.

What is beneficial for the employee?

So, we considered what combination and combination are. The difference between these concepts is significant. But what type of work is more beneficial for the employee?

The process of registration of registration is simpler and faster, as compared with the compatibility and does not require the collection of the main list of documents, certificates. There is no probationary period, since the employer already knows how the employee performs his duties. Additional and basic work is carried out within one working day.

In combination, there are a number of restrictions related to positions held and working conditions. A probationary period may also be established. A part-time job can only be carried out in your spare time.

Proceeding from the aforesaid, it is possible to draw a conclusion - combination is more favorable. But this may seem only at first sight. When you combine, the employee almost completely performs other work. In other words, he works for two. At the same time, the size of the additional fee, as a rule, does not exceed 50% of the official salary. In fact, the employee receives not more than half of the money that he actually gets. The main advantage of part-time is that the employee receives no more than 50% of salary, but with all premiums and bonuses. However, his work is not so intense. Social security is also provided with part-time services. Another advantage is the payment of a sick leave. When part-time, the employee receives a payment for both jobs.

What is beneficial for employers?

Obviously, for employers themselves, it is more profitable to form a part-time job. The salary of one employee will be less than for two employees. Also, combining is beneficial, since the employer is already familiar with the employee and has an established opinion about him and about his work qualities and professional skills. The head, for sure, will entrust a part-time worker with such a job, with which he will be able to cope.

Compatibility is also beneficial, especially for those enterprises that are on the verge of bankruptcy. It is more profitable to formalize employees on a part-time basis than to pay salaries to the main employees in periods when there is absolutely no work. The main employees are difficult to translate into a reduced work schedule. At the same time for part-time employers, the employer pays much less taxes, which means that his additional costs are reduced.

At the present time, we increasingly hear such concepts as alignment and part-time. The difference between them is quite large, but there are similarities. Combination and part-time - ways of additional earnings. Work on combining or part-time jobs should in no case be carried out at the expense of the health of the employee or his / her main position.

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