Labor Code: Combined and Combined - What's the Difference?

The desire of a person to get more money to meet his material needs is a natural phenomenon. To implement his plans, the employer often offers the combination and combination of professions, positions. Is there any difference between these concepts? Maybe these terms mean the same thing?

It turns out that not the same meaning as concepts such as alignment and part-time. What is the difference? The RF regulates these two aspects with various articles of the current Labor Code. However, both these concepts mean sub-work. What is the difference between combining and combining? Let's consider this topic in more detail.

Relevance of the issue

The concept of "combining and part-time" is well known to those who are engaged in recruitment in organizations and enterprises. The fact is that one of the primary tasks of any company in the current economic conditions is to find optimal solutions for the use of available labor resources. In this case, there is a need to coordinate the interests of the enterprise with the interests of the employee. One of the best options in this case is combination and matching. In the labor law both that and other concept is fixed legislatively. A profitable distribution of responsibilities is not only for the employee, who eventually has the opportunity to replenish his budget, but also the organization itself. After all, sometimes an employee quickly copes with the amount of work assigned to him. In this regard, he has free time during the working day, which can be filled with an additional set of duties.

With the development of market relations in our country, labor contracts on work performed by combining or part-time jobs are not uncommon. People have realized the full benefit of the opportunities provided to them, and employers save money on wages. Such relations are relevant not only at enterprises, but also among individual entrepreneurs.

Regulatory Legislation

The Labor Code of the Russian Federation in its articles fixes the notion of "combining and part-time". The difference in the first place lies in the fact that the definition of the first of them is in Art. 60.2, and the second - in Art. 60.1 TC.

The Labor Code of the Russian Federation clarifies that combining involves additional work during a shift or a day's work. At the same time, the employee is not relieved from performing the assigned basic duties. Combination is used by the employer only in the case of economic expediency of such workload of a person. This management decision should not affect the quality of goods or services produced.

Combination and part-time - what's the difference? The second concept is a sub-employee in his spare time. In other words, part-time is a completely different, not the main employment for a person. The contract for its implementation is based on the initiative of the employee and by agreement with the employer.

Main criteria

Compatibility and alignment - what is the difference between these concepts? The main criteria for the first are:

- conclusion of labor agreements with any number of employers;
- performance of official duties both in the main place of work and at other enterprises;
- an indication in the employment contract of the type of work performed (part-time).

Some legislative acts of the Russian Federation contain limitations for such work. So, for 5 tbsp. 282 of the Labor Code of the Russian Federation, such activities are prohibited from engaging persons under the age of eighteen, as well as municipal and state employees, in addition to their participation in the creative, scientific or pedagogical sphere. Do not conclude such a contract for the performance of heavy and harmful work, if the main workplace has the same characteristics. The part-time job is not allowed in some other cases, which is fixed in the RF LC and various federal laws.

Let us now consider the second concept. What's the Difference? Combination of compatibility with the labor code of the Russian Federation helps to distinguish. This document indicates that there is:

- actually a combination, which is a parallel performance of work on its core business and on another, similar to it;
- Expansion of the serviced area, when the amount of work performed by an employee increases within the scope of its core specialization;
- performance of those duties that are assigned to an employee temporarily absent at the moment, in his or some other profession.

All of the above types of work relate to alignment. And they are made only in the case when the employee confirmed his decision by written consent. Preliminary terms and timing are also specified. At the same time, the employer must also assure him of his written consent.

When considering the concepts of "part-time and combining", what is the difference in the issue of employing an employee? At the first form of work-earnings a person works on a separately concluded contract in his free time. The combination implies the fulfillment of additional duties only during the shift. And you can give up this load ahead of schedule. You should only warn in writing about your decision of the head. It is necessary to do this in 3 working days.

Documenting

With a view to the economic feasibility of performing certain activities, the management of the enterprise may decide to introduce practices for combining and combining. What is the difference in registration of labor in this or that case? This issue is regulated by legislation. So, for reconciliation, only the commander's order is sufficient. The basis for signing it must be a written assurance of the employee, which specifies the period, scope and content of the additional responsibilities assigned to him. This is indicated by Articles 151 and 60.1 of the LC RF. If these rules are not followed, alignment is not possible. Before the start of workmanship, an additional agreement must be drawn up for the employment contract. On the basis of this document, the order of the employer is drawn up. As for additional entries in the employee's work record card , there is no need to do so.

If we compare how registration and combination are formalized, what is the difference between these forms of workmanship? When answering this question, you should refer to ch. 44 TC Russia. The registration of part-time is regulated much more in detail and stricter than the expansion of service areas or alignment. What are the reasons for this increased attention to part-time work? The fact is that with such workmanship, a person exceeds the time limit for work established by the Labor Code of the Russian Federation. That is why the employer should adhere to the separate rules contained in Resolution No. 41 of 30.06.2003 of the Ministry of Labor of Russia. This document concerns the work of staff of cultural institutions, teachers, doctors and pharmacists.

For inspectors of the personnel department, the difference between combining and part-time jobs lies in the fact that the latter is formalized through a separate employment contract. And this document has its own peculiarities. It must necessarily be an indication that a person will work with this employer on a part-time basis. If desired, an entry on this can be included in the work book. One nuance. The inspector of the personnel department makes this entry on the main job.

Termination of the contract on part-time is carried out according to general rules. There is only one exception that applies to the employer. He has one more reason for ending the employment relationship.

Place of work

The concept of "combining and part-time" - what is the difference between them? When combining posts or professions, the employer remains the same. When working together, the contract is concluded either with the same or with a completely different employer.

Time for work

Has the compatibility and alignment of the main differences in the RF and by the number of hours provided to perform a given amount of work. In the first case, labor duties are performed in their spare time. In this case, the employer is obliged to take into account the normative provisions of the Labor Code. This document provides that the working time of a part-time employee should not exceed 4 hours during the day. This is indicated in art. 284 TC of Russia. The employee has the right to establish for himself and another mode of work. Nevertheless, during the accounting period chosen by the organization (month, quarter, year), the number of hours during which the part-time worker worked should not be higher than half the standard of working time established for employees of this category. For example, it can be twenty hours for a five-day week (with a working day of 8 hours). With more hours worked, they are considered overtime. The only exception here is those cases where a person does not perform his duties for some time at the main enterprise due to a non-payment of a salary by the employer or if he is completely removed from them for medical reasons.

By the time of performance, there is a significant difference in compatibility and overlapping. The main differences here lie in the fact that in the second case, the employee is always given eight hours. They should be used both for work and for part-time work. In doing so, he fully performs not only his job duties, but also those that are provided for the absent colleague.

Salary

What other nuances are part-time and combining? The main differences in payment should also be taken into account when deciding whether to choose one form of work or another. Those and other conditions are stipulated in the LC RF (Article 285 and Article 151).

For those who work part-time, wages are charged proportionally to the time worked. At the same time, all the conditions stipulated in the employment contract are taken into consideration. If a person who is part-time employee is accepted to the position where the tasks are normalized, then the amount of work actually done will be taken into account when calculating the payment for labor. For part-time workers working in the area where district allowances and salary ratios are set, they are also taken into account.

Compensation is calculated in a different way. In this case, its size is negotiated by the parties. Here, the amount of additional work and its content are taken into account. It should also be taken into account that neither the minimum nor the maximum amounts of such surcharges are limited by legislation.

Suppose that the combination is formalized for a position that has a piece-rate labor payment. In this case, the employer takes into account the number of man-made products, as well as the prices established on it.

The temporary surcharge is calculated in one of the following ways:
- As a percentage of the salary that the employee has at his main job;
- in a fixed monetary equivalent;
- in the amount equal to a certain percentage of the salary of the post to be replaced.

Granting leave

Combination and part-time - what is the difference between them in this issue? They are also covered by the Russian TC (article 286). As for those people who work part-time jobs, they are entitled to leave only for their main work activities. Another thing - part-timers. Here the RF CC considers some features. So, in a paid annual leave, the part-time worker must go both at primary and additional work. And what if there is a mismatch in the number of days for rest? In this case, the employee can apply to his second employer to provide him with days at his own expense.

Compensations and guarantees

Despite the existence of a second job, a Russian citizen does not lose social benefits provided by federal laws. All the guarantees and indemnities that lie with him remain. For example, these are increasing coefficients for those who combine work with training, as well as for those who work in the Far North and in territories equated to them. Just keep in mind that such guarantees for part-time employees are provided only at the main place of work.

There are also other social benefits, which are provided for by labor legislation and existing collective agreements adopted at the enterprise. These compensations are paid both in part-time and when combined in full. This concerns, for example, hospital and maternity. Payments due must be paid by employers both in the main and in the additional place of work.

Probation

What are the differences between part-time and combining? In the first case, Art. 70 TC RF allows the employer to establish a probationary period. The decision is made by the head. In the case where the post for which a person is registered, foresees this, the test is assigned to the part-time worker in the general order. Such a decision the employer can accept and in case of doubt in the qualification of the new employee. Such a moment is always prescribed in the employment contract. With regard to alignment, then for him no trial period is not established.

Internal compatibility

Many citizens of our country, striving to earn money, are arranged for additional work directly at their enterprise. If at the same time agreements and duties are concluded are performed at a non-basic time, then this kind of activity is internal compatibility. In which cases is it appropriate? For example, a company needs to temporarily replace an employee who is absent for any reason. In this case, the easiest way is to agree on the performance of his duties with his own employee, whose qualifications and competence do not cause any doubt to the employer. How to formalize an employment relationship in this case? To do this, internal compatibility and alignment are suitable. What is the difference between these forms of additional work?

In the first place, we should consider cases in which internal consistency is possible. For example, this refers to the situation when the head of a small enterprise performs the functions of an accountant. Of course, such internal compatibility is possible only with the permission of the body that is responsible for the activities of this firm.

Often, additional work on internal compatibility is organized by employees of culture and medical institutions, teachers and pharmacists. Those employees who have sufficient experience and high qualification can become internal part-time employees in the same way as their positions, if there are no restrictions in the current legislation.

But sometimes in the enterprise there are situations when the employee works on a combination. In this case, this type of activity can either coincide with his specialty, or not. What is the difference between combining with part-time work at work? In the first case, additional tasks will be performed by the employee only with his written consent.

Internal benefits and overlap have certain advantages. What is the difference between these two types of sub-work for an employee and employer? The main difference between internal compatibility and overlapping is the time for executing an additional set of duties. In the first case, the employee will have to work when he is not busy with the main job. This is radically different from performing duties when combined. In this case, they are performed within the time established by legislation for the main work.

Differences between these types of sub-work are also in their design. For the employment of an employee for internal compatibility, a package of documents is drawn up for him, the list of which is stipulated by the current procedure for record keeping. First of all, a labor agreement is signed between the employer and the employee. It specifies all the nuances of the implementation of the additional terms of reference and the legal status of the employee as defined by labor law (rest and labor regime, rights and duties of the newly adopted person, safety rules, etc.).

With the internal compatibility of the internal type, in contrast to the appointment of a co-ordinator, it will be necessary to make adjustments to the staffing table. It should indicate the complete unit in the form of an integer with a salary, without any fragmentation. This will allow to avoid making amendments in the future. One unit of the staffing table allows for internal reception of up to four employees. Their real number is indicated in the "Note" column.

Work part-time is reflected in the personal file of the employee, where all information about his activities at the enterprise is stored. It is not necessary to write this down in the work record book. With regard to the conditions for granting leave, remuneration and the availability of guarantees and compensation, as well as dismissal, the internal part-time worker is no different from the external (whose main activity is with the other employer).

What are the benefits of these types of additional earnings? The combination and internal compatibility have many positive aspects. Such relationships have mutual benefits. The employee receives additional income, and the employer - the scope of work performed for production purposes. In addition, a staff member often receives a qualified employee who is given a low salary. At the same time, the company saves finances.

The internal work and for the employee of the company are profitable. First of all, plus is the possibility of obtaining additional income and applying the available knowledge. In addition, internal compatibility is an additional payment for sick leave, maintenance of guarantees provided by law, paid leave, deductions to the Pension Fund.

Internal compatibility is a common practice in large enterprises. With the competent use of the opportunities provided by the labor legislation, both the employer and the employee receive a noticeable economic benefit.