As you know, a work book is the main document about labor activity and the length of service of the employee who receives it from the employer (Article 66 of the Labor Code of the Russian Federation). In other words, this document is issued once at the first place of work, after which, when applying for employment at the next place of work, the individual presents this document to the new employer.
The reasons for the appearance of several work books are different for everyone: this is the loss of the first book and its subsequent discovery after the issuance of a duplicate, and the desire to hide unpleasant facts reflected in this document, etc.
As a result of solving any of the problems outlined above, the employee ends up with several work books. And the thought immediately arises: are such documents considered real or is the employee using a fake document?
In our opinion, it is perhaps impossible to call such books counterfeit: they are drawn up in strict accordance with the law - entries were made by the personnel department, there are all the necessary signatures and seals. There is no deliberately fictitious information there, no one forged the autographs of the personnel officer or superiors and no one affixed fake stamps. Therefore, the book itself, of course, is not fictitious.
The only question is how new employee justified the reason why he received another work book(duplicate). For example, he could claim that he lost her and write a statement accordingly. If at the same time the old work document is lying at his home or is really lost, then most likely there will be no problems. Difficulties may arise if it turns out (it doesn’t matter how) that the first book did not disappear anywhere, the person knew this very well, and, nevertheless, gave the new employer deliberately false information when applying for a job. In this case, the cunning citizen may face termination of the employment contract on the basis of paragraph 11 of Article 81 of the Labor Code of the Russian Federation - “for the representation by the employee forged documents or knowingly false information when concluding an employment agreement.”
Next, you should understand the tax deductions that employees usually receive at their main place of work. Let us note right away that nowhere is it stated that deductions are provided specifically at the main place of work. Thus, the deduction can be made by any tax agent of the employee’s choice (Article 218 of the Tax Code of the Russian Federation). To do this, you just need to write the appropriate application and attach to it documents confirming the right to deduction - the child’s birth certificate, a certificate of his residence with his parents, and if they are divorced, then an agreement on the payment of alimony or writ of execution on the transfer of child support.
You should not claim tax deductions for two jobs at the same time. The second employer, if information about him comes to light, will be able to recover the amount of the deduction and accuse the employee of abuse of rights.
By the way, the issue of providing deductions is important not only for owners of several jobs, but also for the enterprises where they were employed. After all, the employer, being sure that the employee is registered with him as his main place of work, will, after the taxpayer submits an application, in good faith provide deductions, thereby reducing the amount of tax to be collected.
That is why owners of several work books, in order to avoid additional complications, should not claim tax deductions in two places of work at the same time. Otherwise, the second employer (if information about another employer comes to light) will be able to recover the deduction amount from you and accuse you of abuse of right. He most likely will not go to court, but the situation as a whole will be extremely unpleasant.
The situation is exactly the same with the use of other guarantees provided exclusively at the main place of work. For example, if you are already taking study leave, let it be paid for only from one employer, and take the leave “at your own expense” from the second.
Now let’s consider the issue of presenting work records for calculating pensions. With the introduction of personalized accounting in the state pension insurance system, the work book, in fact, loses its function of recording work experience. The personal record contains much more complete information about the work activity of the future pensioner than is reflected in the work book. In addition, as a result of the pension reform, the size of the labor pension of citizens of the Russian Federation is calculated on the basis of income to their individual personal account in the Pension Fund, and not only on the basis of work experience.
“I have an employee who received two work books at different times,” says the head of the personnel department of a trading company. Anastasia Starostina. “And when calculating her length of service, in order to count the period of work from the second work book, they were ordered to take a certificate from the place of work that was entered in the second book.”
All this is true, but, nevertheless, it is almost impossible to apply for a pension without presenting a work book; it still needs to be presented “live”. Currently, the work book (copy and original), as a document confirming the insurance period, is included in the mandatory list of documents that must be attached to the application for a pension.
And anyone who has acquired several work books should remember that in the legislation there is no such thing as “parallel work experience”. Therefore, he will not be able to present both books - they simply will not be accepted. Only one, more “profitable” one, will have to be attached to the pension application.
An employee who has several work records should remember that in the legislation there is no such thing as parallel work experience. Therefore, he will not be able to present both books to the Pension Fund - they simply will not be accepted.
Calculating the length of insurance and calculating benefits is no less important an issue for holders of several years of employment than the problem of registering a pension. By general rule, the insurance period for determining the amount of benefits for temporary disability, pregnancy and childbirth includes periods of work of the insured person under an employment contract, work in the state, civil or municipal service, as well as periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity (Part 1 of Article 16 of the Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”). And the required periods of work are confirmed by the work book (clause 8 of Order of the Ministry of Health and Social Development dated February 6, 2007 No. 91 “On approval of the Rules for calculating and confirming insurance experience to determine the amount of benefits for temporary disability, pregnancy and childbirth”, hereinafter referred to as Order No. 91) .
However, holders of several such documents may well take advantage of the rules set out in paragraph 2 of Article 16 of the Law “On compulsory social insurance in case of temporary disability and in connection with maternity” (Law No. 225-FZ of December 29, 2006). It states that if several periods coincide in time, counted in the insurance period, one of them is taken into account at the choice of the insured person. That is, payments for sick leave, as well as for pregnancy and childbirth (including a lump sum benefit), as well as parental leave, can be safely received only at one job. Otherwise, your actions will strongly resemble intent aimed at illegally obtaining money or an attempt at illegal enrichment...
“I warn all “two-book” workers who expect to receive a one-time allowance, as well as “children’s” money for both places of work: this is impossible,” confirms the graduate student Galina Ivanova(last name changed at the request of the latter. – Editor’s note). – After all, these benefits are accrued on sick leave, which is issued to a woman at a medical center or antenatal clinic. In turn, the sick leave note indicates which place of work it is for – the main or “additional” one. I was convinced from my own experience that in these institutions it is impossible to explain that you have two main places of work. In my case, the manager, whom I had to contact to resolve a situation that was so unusual in the opinion of the staff of the medical institution, immediately called Social Security, where they confirmed to her that two sick leaves addressed to different (and at the same time main) places of work could not be issued.”
However, there is another option for receiving an “increased” benefit - a kind of combination of data from both work books. To do this, you need to bring documents to the company that can confirm the fact of your work during certain periods (order No. 91). Confirmation of your words can be copies of orders on the basis of which a person worked in another company (or extracts from them), certificates from other employers, documents on the deduction of money for social insurance, etc.
Let’s say right away that the legislation does not provide for any sanctions for an employee having two work books. Rather, this can be regarded as an abuse of right rather than a violation of the law.
The rather ancient, but still valid Resolution of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of September 6, 1973 No. 656 “On work books of workers and employees” does not pose any particular danger. In accordance with paragraph 17 of this document, those responsible for falsifying or using a knowingly false work book will be held accountable in the manner prescribed by law. And, as we have already found out, a second work record, correctly completed and containing reliable information, can hardly be considered fraudulent (the resolution itself does not say whether the second work record will be considered a fake).
Well, upon retirement, everyone will be able to independently decide which work record book to present to confirm their work experience. After all, if several periods of work coincide in time, only one of such periods is taken into account for calculating a pension at the choice of the citizen (Clause 1, Article 12 of the Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”).
So, if we follow the law, we were not able to find any violations that would entail liability for having two work books. It’s a completely different matter when internal local acts of an enterprise (collective agreement, regulations, etc.) may provide for a preferential position for main employees over part-time workers, which an employee with two employees can take advantage of. But then liability for deceivers should be provided for in these same local documents.
Anna Mishina
Is it possible to work two jobs officially? Many citizens in Russia are thinking about this more and more often. Some people simply count on a good salary in this way, while for others it is more important to gain seniority. The reasons may be different. But they still don’t answer the question. How are things really going? Do citizens have the right to work two jobs and be officially registered in both places?
To begin with, you must clearly understand why you agree to double work, and even officially. Very often people take second, third and subsequent part-time jobs unofficially. After all, although this is not entirely legal, it helps to save money. More precisely, do not pay additional taxes.
Many citizens simply want to have many professions at the same time and ensure a comfortable old age with the help of insurance premiums. It should be noted right away that this will not work. After all, if you are wondering whether it is possible to officially work two jobs, then you should prepare for the fact that if such an opportunity exists, a lot of restrictions will be imposed on you.
In general, according to the Labor Code of the Russian Federation, it is possible to be officially registered in several places when applying for employment. But with a huge number of reservations. For example, you must have one and only place of main work. There is no way to do without it.
But to officially get settled for additional income Can. But this will no longer be the main job, but a part-time job. Here you can find a job in at least 100 places, the main thing is to have a main source of income. And nothing can be done about it. There are also restrictions regarding part-time jobs. And considerable ones.
Is it possible to work two jobs at the same time? Yes. In this case, one place will be listed as your main job, and the other as a part-time job. However, not all citizens have this opportunity. 
Restrictions are imposed by the Labor Code Russian Federation for teenagers and young students who combine study and employment. In this case, they are, in principle, allowed to work only for a short period of time.
In addition, restrictions also apply to citizens who work in particularly dangerous conditions. Or in hazardous production. In this case, only the option without official registration is suitable for the second job. This is how you will get a part-time job opportunity. Yes, it’s not entirely fair, but if it’s so necessary, you’ll have to “spin” as best you can.
How can you work two jobs officially? It’s easy and simple - it’s enough to have a main job, and enter the second one in your work book as a part-time job. Please note that with all this, you must retain all the privileges available during employment both at your main place and at your part-time job. Sick leave, vacation pay, maternity pay - the employer is obliged to provide all this if necessary. 
In addition, it is mandatory to conclude with you employment contract. There is no way to do without it. And you need to indicate in it that you work part-time. This is very important. If this clause is missing, then no formality during employment can be guaranteed. It's simply illegal.
At the same time, certain restrictions are also imposed on your working time. You can work maximum part-time for no more than 4 hours per day. And this figure should not exceed 16 per week. This is what the Labor Code of the Russian Federation says. A completely reasonable decision. If you spend about 8 hours at your main job, plus 4 part-time jobs, it turns out that 12 hours a day are devoted only to work. You also need to rest at least a little. Within the framework of the law, as you can see, many citizens have the opportunity to earn extra money. More precisely, almost everyone.
Is it possible to officially hold two jobs? Experts believe that this opportunity is available to all citizens who have reached the age of majority. Only in this case you will have to come to terms with a huge number of restrictions. 
At the same time social guarantees and all services that are available during official employment are retained. In full and in all places where you are at least somehow listed as an employee. Sick leave, vacation pay and other payments - all this is mandatory for an employee both at his main job and at part-time jobs.
But there is no way to officially get two jobs without the “part-time” option. This is illegal. And in general, no employer will agree to this. The corresponding entries will not be reflected in your work book. This, of course, affects the entire employment process as a whole. After all, the work book is usually kept by your employer at your main job.
Do high-ranking officials have the right to work two jobs officially? Yes, such a possibility exists. Only again with a huge number of reservations. 
The main problem here is obtaining permission from the property owner. Very often it is impossible to earn it. In addition, not all types of activities allow having a part-time job. But positions within the organization can be combined without much difficulty. But not where the enterprise is controlled. And in any other industry - easily.
Please note - in any case, part-time work should not strike at the main place of work. The Labor Code also states that when employing in several places, a conflict of interest in the chosen areas is unacceptable. Otherwise, they have the right to deprive you of your part-time job. Or your main job. And without it, as has already become known, it is impossible to find employment in several places at the same time.
Is it possible to work two jobs officially? As we have already found out, almost all citizens have this opportunity. And even the law does not prohibit having a part-time job. Moreover, this is encouraged - you are entitled to social guarantees on all sides. But how are things really going in Russia? 
Practice shows a completely ambiguous picture. It is legally possible to get an official part-time job. And even for several. But you are unlikely to be able to practically implement this idea. Typically, employers seriously violate the rights of their employees. For example, according to the contract, they set one work schedule, but in practice it lasts many times longer. A part-time employee is a huge disadvantage for almost any company.
Very often, in order to prevent overlapping work, employers come up with cunning tricks. They may not give you a work book, in which they must record a part-time job, they come up with conflicts of interest, or even create such working conditions for you that there is no time to even think about additional work.
Nevertheless, some, despite all this, go to work in several places. We have to do this unofficially, without any guarantees. For the sole purpose of earning extra income. It’s not entirely honest and fair, but when there is no way out, there is no other way to do it. This is easier to do than seeking justice from the main employer. In the end, he may deprive you of your main job. And in this case, there should be no talk of any part-time jobs.
How to work two jobs officially? One of them should be the main one, the other should be a part-time job. And nothing more. As you can see, in principle, citizens of the Russian Federation have such an opportunity. But in practice it is not always possible to implement it. 
Usually, when you need to get several jobs, this is done informally. It’s not entirely fair, but this practice is much more common than the official registration of part-time work. However, first you should try to negotiate with your main employer. Maybe he will be law-abiding and give his approval for your part-time work. In any case, legal registration officially takes place in several companies. Is it possible to work two jobs officially? Yes. Be aware of this.
In accordance with Article 282 of the Labor Code of the Russian Federation, an able-bodied citizen has the right, in addition to his main job, to work at another enterprise in his free time, that is, part-time. But it will not be possible to work full-time in two different companies, since this violates established working hours.
Reception of a part-time worker is no different from the standard scheme. An employment contract is signed with a person, which contains a clause containing information that this work is additional. Next, all necessary personnel documents.
Some people wonder: what to do with the work book, since it is kept in the personal file at the main place of work? In this case, at the request of the employee, a record of part-time employment can be made in the document. To do this, he must provide the personnel department of his main job with a document confirming the combination, for example, an employment contract. In column 3 of the work book, an entry is made about the employee’s acceptance into the organization as a part-time worker.
Part-time work is available to a larger percentage of able-bodied citizens, but there are categories of people who do not have the right to have an additional job.
Minors cannot combine several jobs. The same applies to students studying full-time in educational institutions. In addition, persons employed in enterprises with hazardous (harmful) working conditions cannot work officially in two places. Part-time work is excluded for law enforcement officers and prosecutors, deputies, government members and military personnel.
While working, employees may go on sick leave or maternity leave. If they have additional work, they can receive payments for sick leave and from work that is part-time. But for this you will need to register in medical institution second certificate.
Some people are concerned about the issue of pension contributions when working part-time. Currently, each person working officially increases the amount of savings contributions, which are calculated based on wages and are paid by employers, according to the Labor Code of the Russian Federation. That is, every employer with employees (including part-time workers) is required to pay contributions.
As for alimony, everything also depends on income, and not on the number of jobs. Material support is calculated as a percentage of all types of earnings.
In difficult economic conditions many are ready to take a second job to provide for themselves and their families. However, poor knowledge of labor legislation makes one wonder whether it is possible to work two jobs officially, and how legal this is. The answer is positive; the Labor Code even has a special term – “part-time work”. This will be discussed further.
Part-time work should be distinguished from combining positions that are similar in sound and meaning. In both cases, we are talking about additional work responsibilities. But part-time work always means doing them in your free time. When combined, work in another position or on a larger scale is proposed to be performed full-time.
The law limits the time during which a part-time worker must be involved in work - half of the standard working week, that is, no more than 20 hours. The workload per day cannot be more than 4 hours. The exception will be those days when the part-time worker is not involved in the main place, on them it is allowed to increase the load to normal.
The law allows you to get two jobs in different companies. This combination is called external. Or it is possible to perform primary and additional duties for one employer. This internal part-time job. Both options are acceptable as long as the additional load requirements are met. It is acceptable to apply for a part-time job with several employers at once, but you should count on your strength and health.
Part-time work, even internal, is always formalized by an employment contract. This is her fundamental difference from combination, when an additional agreement on the assignment of additional responsibilities is drawn up to an already existing contract. The employment contract is concluded in accordance with all the rules, provided for by law. When applying for a job to a new employer, you must present everything necessary documents, with the exception of the work book. An entry is made in it at the request of the employee.
The basis for issuing an order to accept a part-time worker is an application. It must indicate that the employee is asking to be accepted on a part-time basis. The same is stated in the order (Form T-1). The contract itself should indicate the duration of the work, the beginning and end working day, since for a part-time worker they will differ from the generally accepted ones. It is permissible to enter into a contract with part-time workers, both fixed-term and without limitation of duration.
On the workday report card, the part-time worker is not given the full number of hours, but the part of the rate for which he was accepted, but not more than ½. In a standard week this is 3 or 4 hours a day. For an internal part-time worker, the time worked is not summed up, but is taken into account separately for the main position and part-time position. Salaries of internal part-time workers, various allowances or compensations are calculated for the main and additional positions separately. The same applies to payment of sick leave, vacation pay and other payments.
In order to work in your free time for another company, you do not need to ask permission from your main employer. This rule applies to most employees. However, the law establishes a number of restrictions and prohibitions on part-time work. Thus, civil servants are allowed to combine their main job only with research or teaching. This measure is caused by the need to eliminate possible conflicts of interest.
For the majority of workers, the establishment of restrictions is caused by concern for their health and the safety of others. Underage workers cannot work part-time; their bodies cannot yet cope with the increased workload. It is prohibited to take a part-time job in harmful or dangerous production if the main job involves similar conditions.
Anyone whose work involves managing any vehicles Part-time work is also prohibited. Overwork will affect not only their health, but also the safety of a large number of other people: passengers, other participants traffic etc. We are talking about all types of part-time work, and not just internal ones.
A part-time employee is provided with all the same social guarantees as other employees. With the exception of shortened working hours, he has the right to enjoy all the rights provided for company employees and must bear all responsibilities. In addition to salary, he is awarded various bonuses and additional payments. Their size will be proportional to the time worked or results achieved.
A part-time worker is entitled to vacation, and in full. The law states that the employer is obliged to provide paid days of rest at the same time as for the main job. Even if the employee has not worked the minimum required six months, leave for additional work is given to him in advance.
For an internal part-time worker, both leaves coincide and are not summed up. An external part-time worker may not exercise his right to simultaneous leave, but by agreement with the employer, take it at another time.
Wanting to earn more, some workers create two work books at once. There is no direct prohibition on this in the law. If both documents are genuine, the employer has no reason to refuse to make entries. Working full time will allow you to earn more. However, there is one point that needs to be taken into account.
The modern pension system provides for personalized accounting of contributions for each employee. From this point of view, the significance of the work book is small. But it is still impossible to issue a pension without presenting its original. And if it turns out that the data in the work book and in the pension fund database differ, the owner of the document may have problems.
Let us immediately make a reservation that we will not find a direct answer to the question of whether there can be two main places of work in the Labor Code of the Russian Federation. Moreover, the current labor legislation gives the employee the right to work simultaneously in several jobs (positions).
However, this should not mislead either the employer or the employee. By officially allowing an employee to take such actions, the legislator establishes the specifics of simultaneous work in several places.
Carrying out work duties for two, three, etc. employers is called the special term “part-time work” (Part 2 of Article 282 of the Labor Code of the Russian Federation). An important feature of part-time work is the ability to perform it only in free time from the main job, subject to the rules for its registration (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation).
The Labor Code of the Russian Federation does not define the concept of “main work”. However, the term itself is used regularly.
So, for example, the employer whose main job is for the employee is obliged to maintain and store his work book. And only this employer is allowed by the legislator to enter information about part-time work into the work book (at the request of the employee) (Article 66 of the Labor Code of the Russian Federation). That is, the main job, in particular, is considered to be work for the employer who keeps the work book.
As we indicated above, part-time work is possible in your free time from your main job. And if the part-time job involves harmful (dangerous) working conditions, the employee must submit a certificate from the main place of work about the nature and conditions of work (Article 283 of the Labor Code of the Russian Federation). Annual paid leave for part-time jobs is provided simultaneously with leave at the main place of work (Article 286 of the Labor Code of the Russian Federation). An employment contract can be terminated early with a part-time worker if his place (position) is replaced by an employee for whom this work will be the main one (Article 288 of the Labor Code of the Russian Federation). And there are many more such examples from the Labor Code of the Russian Federation (study leaves, compensation, guarantees, etc.).
But most importantly: the totality of these provisions from Labor Code allows us to draw an important conclusion that the main place of work is the place that is not a part-time job for the employee.
This means that an employee may have two or more places of work, but only one of them can be the main one (where the work book is kept and stored), and all other places of work are part-time work. However, the law does not limit the number of employers with whom an employee can work part-time.
Therefore, if an employee works in two places, then he cannot work in two organizations at his main place of work. It must be registered as a part-time worker with one of the employers. It is necessary to determine the main place of work and enter it into the work book. A record of part-time work is optional and is made at the request of the employee.
When working in several places at the same time, there are a few more things to consider.
The dismissal of an employee and termination of the employment contract at the main place of work does not mean that part-time work has automatically become his main place of work.
Part-time work is independent labor relations between employee and employer. Changing the terms of an employment contract determined by the parties is allowed only by agreement of the parties to the contract in writing (Article 72 of the Labor Code of the Russian Federation).
Therefore, in order for part-time work to become the main place of work, the employee must draw up an additional agreement with the employer (or terminate the previous contract and enter into a new employment contract) to change the previous conditions and hire the employee to the main place of work.
