Seniority bonus for internal part-time workers. Seniority bonus for external part-time workers. Allowance for continuous work experience in a budgetary institution part-time
In addition, since the additional payment for combining professions (positions) is part of the salary, the regional coefficient and the percentage allowance are charged on it (Articles 315, 316 of the Labor Code of the Russian Federation), which is included in the calculation of average earnings (Part 2 of Article 139 of the Labor Code of the Russian Federation , clauses "k" of clause 2 of the Regulation on the specifics of the procedure for calculating the average wage, approved by the Government of the Russian Federation of 12.24.2007 N 922). Article 60.2 of the Labor Code of the Russian Federation emphasizes that the work on combining is paid additionally. In accordance with Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee is paid an additional payment.
Payment for length of service when combining positions
Of the Labor Code of the Russian Federation, the employer is the initiator of imposing on the employee the work of combining professions (positions), and therefore he is obliged to make an offer about this in writing. Assigning additional work to an employee to combine professions (positions) changes his labor function.
Since the condition on the labor function is mandatory for inclusion in the labor contract (Article 57 of the Labor Code of the Russian Federation), and the change of the terms of the employment contract determined by the parties is allowed only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation), in this case it is necessary to conclude an additional agreement with the employee to labor contract.
Remuneration for labor when combined
In any case, combining professions (positions) is an employee performing additional work on another staff unit available in the staffing table. Moreover, all these types of additional work are allowed subject to the following conditions: - with the mandatory consent of the employee; - within the normal working time, that is, not overtime.
Important
The combination of professions and positions is allowed, as a rule, within the boundaries of the category of personnel to which the part-time job belongs: for example, teachers will not be appointed to replace an accountant. For your information. An offer to perform additional work by combining positions is a right, not an obligation of the employer.
Labor legislation does not establish any restrictions on the number of combined positions. Based on the meaning of Art.
Is the seniority supplement charged correctly when combined?
The last stage of registration of the combination, at which the employee must confirm his consent with the imposition of additional duties on him and the amount of additional remuneration for the combination, is the issuance of the order by the employer on the combination, which indicates:
- the basis for issuing the order (for example, "in connection with the employee's annual basic paid leave");
- term for performing additional duties;
- amount of additional payment for combination;
- the order of the accounting department to carry out the calculation of wages to the employee, taking into account the provisions of the order.
The employee must be familiarized with the order against signature. If the employee does not agree with the order and refuses to sign it, he cannot be assigned additional responsibilities. In this case, additional work may be assigned to another employee.
Supplement for combining positions
Another option is to conclude an additional agreement to the main employment contract on imposing an additional amount of work on the employee for the same or another position (part 1 of article 60.2 of the Labor Code of the Russian Federation) - combining or expanding service areas. The Regulation on Remuneration establishes that the additional payment for seniority is not charged to part-time employees.
Find out in the personnel department how the director's pedagogical part-time job is formalized. Suppose the director has only one employment contract. There is an additional agreement on pedagogical work to it.
Attention
Pay the additional payment for the length of service on the salary. The director has two employment contracts. Pay the additional payment for length of service on the salary for the main position.
One more point. The employer has the right to establish any procedure for calculating additional payments. It is not clear from the question on which payments the coefficient is calculated.
- type of additional work;
- scope of work;
- deadline;
- amount of additional payment and other conditions.
Thirdly, the employer must issue an order to impose additional duties on the employee, with whom the latter must be familiarized with signature. If the employee does not agree with the order, add. responsibilities are assigned to another employee. Fourth, the employee is given the right to refuse to perform an additional amount of work before the expiration of the established period. In this case, he must notify the employer of his decision at least three working days before the termination of the additional.
responsibilities.
Is an internal part-time employee paid a seniority bonus?
- Topics:
- Supplements
- Part-time job
Question In a music school, the director still has a teaching load 24 hours a week, approved by the head of the Department of Culture and included in the tariffication for September 1, 2015. According to the Regulations on Remuneration, an increasing coefficient to salary for seniority is not paid to part-time employees. Should we charge the director's seniority supplement for the teaching load? Answer If the director performs additional pedagogical work under a separate second employment contract, do not charge remuneration for length of service on payments under the second employment contract. Additional work can be done in different ways. One option is to conclude a separate employment contract with the same employer for performing work in their free time from the main job (part 1 of article 282 of the Labor Code of the Russian Federation) - internal part-time job.
Features of calculating the additional payment for combining work
In this regard, the teacher's claim was denied. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation in the rulings of August 30, 2013 No. 93-
KGPR13-2, dated June 24, 2011, No. 52-B11-1 decided that wages without the inclusion of the regional coefficient and the percentage allowance for continuous work experience should be at least the minimum wage. Consequently, the regional coefficient should also be charged on the salary of a part-time worker, equal to half the minimum wage.
Part-time vacation It may also happen that for positions held by an internal part-time worker, a different length of vacation will be provided. For example, a teacher combines the position of a laboratory assistant. The teacher's vacation is 56 days, and the laboratory assistant - 28.
Should I accrue a seniority supplement with a part-time job
For the combined position, a tariff rate of 135 rubles per hour is set. In this case, the salary of an employee in the main position will be 19 320 rubles.
(115 rubles / h x 168 h). Additional payment for combining - 11 340 rubles. (135 rubles / h x 168 h x 50%). That is, the total amount of wages will be equal to 30,660 rubles. ((19 320 + 11 340) rub.). Situation 3 The employee has an hourly wage rate of RUB 115 / h. For combined positions - a salary of 22,000 rubles. The salary at the main place of work will be 19 320 rubles. (115 rubles / h x 168 h). Additional payment for combining - 11,000 rubles. (22,000 rubles x 50%).
The total salary will be equal to 30 320 rubles. ((19 320 + 11 000) rubles). So, we examined the main features of combining work and the procedure for remuneration in this case.
In our opinion, this procedure for calculating allowances (including bonuses for length of service) applies to all part-time employees. Thus, internal part-time workers should be paid a seniority bonus calculated in proportion to the hours worked. Details in the materials of the System Personnel: Situation: Features of the remuneration of a part-time worker Magazine "Salary in an institution" No. 10, October 2014 V.V. Egorov, consultant on payroll, social benefits and their taxation If the institution employs part-time workers, when calculating their salaries and reporting to the FIU, a number of nuances that controllers pay attention to should be taken into account *. An analysis of the current legislation and arbitration practice will help to avoid difficulties. * Ruling of the Fourth Arbitration Court of Appeal dated August 19, 2014 in case No. A19-792 / 2014.
Work experience allowances for internal part-time workers
- Allowance for work experience in the Far North and equivalent regions to a young specialist
- Does the length of service in the district Administration belong to the budget for the payment of an allowance for the length of service in a budgetary organization
Lawyers Answers (1)
- All services of lawyers in Moscow Assistance in recovery at work Moscow from 40,000 rubles.
Is an internal part-time employee paid a seniority bonus?
Is an additional payment for seniority paid to an external part-time worker who works at 0.5 rates? Is an additional payment for length of service (work experience) in the cultural industry paid to an external part-time worker who works at 0.5 rate in a cultural institution and on a rate at an educational institution? Is an additional payment for length of service (work experience) in the cultural sector paid to an external part-time worker who works at 0.5 rate in a cultural institution and on a rate at an educational institution? Yes, in a cultural institution, an additional payment for the length of service can be established for an employee performing his labor functions on the basis of external combination.
Allowance for continuous work experience in a budgetary institution part-time
Info
But, according to article 286 of the Labor Code of the Russian Federation, an employee has the right to fully rest, regardless of the length of the part-time vacation. Therefore, the manager, at the request of the employee, is obliged to provide him with an unpaid leave of the corresponding duration.
However, if the employee does not express such a request, then he is obliged to go to a part-time job before the end of the leave at the main place of work. Nuances of termination of an employment contract The same rules for termination of an employment contract apply to internal part-time workers as to external ones.
Let us illustrate this norm with one more example.
Ipc-zvezda.ru
At the same time, the approximate regulation on the remuneration of workers of federal budgetary institutions of culture and arts subordinate to the Ministry of Culture of Russia also established that the remuneration of workers employed part-time, as well as on a part-time or part-time working week, is made in proportion to the hours worked, depending on development or on other conditions determined by the employment contract. Read more about the seniority bonus here: In the approximate regulation on the remuneration of employees of federal budgetary educational institutions subordinated to the Ministry of Culture of Russia, it is directly stipulated that part-time workers, as well as part-time workers, are accrued in proportion to the hours worked.
Read more about the premium for the class of drivers at the link.
- for the intensity and high results of work;
- for the quality of work performed;
- for the length of service, length of service.
Thus, the additional payment for length of service refers to incentive payments, which is part of the remuneration system established in the institution (Article 135 of the Labor Code of the Russian Federation No. 197-FZ dated 30.12.2001 (hereinafter referred to as the Labor Code of the Russian Federation)). In accordance with Article 144 of the Labor Code of the Russian Federation, the remuneration system for employees of state and municipal institutions is established: Bonuses for employees can be established by local acts of the institution according to indicators of the effectiveness of their activities.
At the same time, the criteria for assigning incentive payments cannot be made dependent on whether the work for the employee is the main one or he performs it part-time.
Additional payment for seniority with internal part-time
Important
In this regard, the teacher's claim was denied. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation in the rulings of August 30, 2013 No.
№ 93- KGPR13-2, dated June 24, 2011, No. 52-B11-1 decided that wages without the inclusion of the regional coefficient and the percentage allowance for continuous work experience should be at least the minimum wage. Consequently, the regional coefficient should also be charged on the salary of a part-time worker, equal to half the minimum wage.
Part-time vacation It may also happen that for positions held by an internal part-time worker, a different length of vacation will be provided. For example, a teacher combines the position of a laboratory assistant.
The teacher's vacation is 56 days, and the laboratory assistant - 28.
Work experience allowance for internal part-time health care 2016
213 "On allowances for the duration of continuous work for medical workers holding part-time full-time positions in health care organizations and social protection of the population"). The procedure for the payment of interest allowances is regulated by the Decree of the Ministry of Labor of Russia dated October 8, 1992 No.
N 18 "On the establishment of allowances for the duration of continuous work for doctors, pharmacists and other employees of health care and social protection institutions", Regulations on remuneration of health care workers of the Russian Federation, approved by Order of the Ministry of Health of Russia dated October 15, 1999 N 377 and the letter of the Ministry of Health of Russia dated April 1994
N 2510 / 2357-97-32 "On the procedure for paying the allowance for the duration of continuous work to medical workers who work part-time"; B) civilian personnel of the bodies of the Ministry of Defense of the Russian Federation (p.
Work experience allowance for internal part-time jobs
Only a few months later, the accounting department discovered that the salary was paid without taking into account the fact that the person was registered part-time. As a result, they stopped paying his salary altogether, counting the overpayment. But the employee did not want to work for free and quit. In court, the organization demanded to recover the overpaid money from the part-time worker.
However, she did not provide evidence confirming that the employee's salary should have been paid in the amount of half the official salary. In addition, in accordance with part 4 of article 137 of the Labor Code of the Russian Federation, salaries overpaid to an employee (including in case of incorrect application of labor legislation or other regulatory legal acts containing labor law norms) cannot be recovered from him.
Similar restrictions are provided for by paragraph 3 of Article 1109 of the Civil Code of the Russian Federation.
The performance of the duties of a temporarily absent employee without release from his main job should be understood as the performance of the duties of another employee who is temporarily absent due to illness, vacation, business trip or for other reasons, when, in accordance with the current legislation, he retains his job (position). It should be noted that if an employee performs the duties of a temporarily absent employee and at the same time is released from the main job, then there is not a combination, but a temporary transfer to another job (part 1 of article 72.2 of the Labor Code of the Russian Federation). In any case, combining professions (positions) is an employee performing additional work on another staffing unit available in the staffing table.
Should I accrue a seniority supplement with a part-time job
Labor Code of the Russian Federation). And no good reason is required. According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right to be paid wages in full in accordance with his qualifications, the complexity of work, the quantity and quality of work performed. By virtue of Art. 135 of the Labor Code of the Russian Federation, the salary of an employee is established by an employment contract on the basis of the salary systems in force for this employer.
Remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal regulatory acts in accordance with labor legislation and other regulatory legal acts containing labor law norms.
Supplement for combining positions
Another option is to conclude an additional agreement to the main employment contract on imposing an additional amount of work on the employee for the same or another position (part 1 of article 60.2 of the Labor Code of the Russian Federation) - combining or expanding service areas. The Regulation on Remuneration establishes that the additional payment for seniority is not charged to part-time employees.
Find out in the personnel department how the director's pedagogical part-time job is formalized. Suppose the director has only one employment contract. There is an additional agreement on pedagogical work to it.
Pay the supplement for the length of service on the salary. The director has two employment contracts. Pay the additional payment for length of service on the salary for the main position.
One more point. The employer has the right to establish any procedure for calculating additional payments. It is not clear from the question on which payments the coefficient is calculated.
Work experience allowances for internal part-time workers
Attention
Only a few months later, the accounting department discovered that the salary was paid without taking into account the fact that the person was registered part-time. As a result, they stopped paying his salary at all, counting the overpayment.
But the employee did not want to work for free and quit. In court, the organization demanded to recover the overpaid money from the part-time worker.
However, she did not provide evidence confirming that the employee's salary should have been paid in the amount of half the official salary. In addition, in accordance with part 4 of article 137 of the Labor Code of the Russian Federation, salaries overpaid to an employee (including in case of incorrect application of labor legislation or other regulatory legal acts containing labor law norms) cannot be recovered from him.
Similar restrictions are provided for by paragraph 3 of Article 1109 of the Civil Code of the Russian Federation.
Is an internal part-time employee paid a seniority bonus?
To this the employer objected that at the end of the year his workload was 312 hours and there can be no question of any overtime work in this case. Polevskoy City Court of the Sverdlovsk Region in the decision of June 18, 2014 No.
No. 2-929 / 2014 indicated that the normal working time for a part-time worker per year is 889.2 hours (1778.4 hours: 2). Thus, with an accounting period of a calendar year, the number of hours worked by a part-time teacher did not exceed the normal duration of working time. The court concluded that the teacher's calculation of the working time from the standard number of working days in each month is not based on the law: since the accounting period determined by the employer is a calendar year, it means that overwork can be established only at the end of this period.
Features of calculating the additional payment for combining work
As a rule, the amount of the additional payment is communicated to the employee at the stage of notification of the combination. In order to agree to an increase in the workload, the employee must assess how much the wages offered by the employer correspond to the expected labor costs. In add. the agreement to the employment contract, which is signed by the employee, must indicate the premium that suits him. If the employer promises large payments, and sets other figures in official documents, the employee who signed these documents will not be able to demand from the employer the payment of the amounts promised to him.
At the same time, additional obligations provided for by add. agreement must be complied with by the employee.
Remuneration for labor when combined
In this regard, the teacher's claim was denied. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation in its rulings dated August 30, 2013 No. 93- KGPR13-2, dated June 24, 2011, No. 52-B11-1 decided that wages without the inclusion of the regional coefficient and the percentage allowance for continuous work experience should be at least the minimum wage. Consequently, the regional coefficient should also be charged on the salary of a part-time worker, equal to half the minimum wage.
Part-time vacation It may also happen that for positions held by an internal part-time worker, a different length of vacation will be provided. For example, a teacher combines the position of a laboratory assistant.
The teacher's vacation is 56 days, and the laboratory assistant - 28.
Important
The expert shares important information about the part-time cleaner in the material here. The organization paid for their part-time workers. At the same time, these persons did not work in the organization in the previous two calendar years.
The FAS of the Volgo-Vyatka District in its resolution of March 13, 2013 No. А28-3493 / 2012 noted that the allowance is paid to the insured person by all employers at all places of work only on condition that at the time of the insured event and in the two preceding calendar years the insured the person worked for these policyholders. Consequently, the fund rightfully refused the organization to reimburse the costs of paying benefits to part-time workers. Part-time workers receive childcare allowance at one place of work of their choice in accordance with Part 2 of Article 13 of the Federal Law of December 29, 2006 No.
For the combined position, a tariff rate of 135 rubles per hour is set. In this case, the salary of an employee in the main position will be 19 320 rubles. (115 rubles / h x 168 h).
Additional payment for combining - 11 340 rubles. (135 rubles / h x 168 h x 50%). That is, the total amount of wages will be equal to 30,660 rubles.
((19 320 + 11 340) rub.). Situation 3 The employee has an hourly wage rate of RUB 115 / h. For combined positions - a salary of 22,000 rubles.
The salary at the main place of work will be 19 320 rubles. (115 rubles / h x 168 h). Additional payment for combining - 11,000 rubles. (22,000 rubles x 50%).
The total salary will be equal to 30 320 rubles. ((19 320 + 11 000) rubles). So, we examined the main features of combining work and the procedure for remuneration in this case.
If the employer offers additional work (internal combination), the following should be remembered: 1.
Should the seniority be credited for the surcharge for combining
If the absent employee retains wages (for example, on business trips or when performing public duties), then the additional payment for combining increases the payroll. If a sick employee is replaced, then payment for a certificate of temporary disability is made at the expense of the FSS, and the employee's salary or part of it may not increase this fund.
The sums of surcharges for combining professions, expanding service areas refer to labor costs in the amount determined by the agreement of the parties to the employment contract, and are included in the average earnings in all cases of its calculation. Additional payments are generally subject to personal income tax and insurance premiums.
We are a budgetary organization, which has a supplement for seniority. Is this length of service paid for external part-timers?
Answer
In accordance with Article 287 of the Labor Code of the Russian Federation, guarantees and compensation to persons combining work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at the main place of work.
Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.
In the Labor Code, such payments as for seniority are not directly indicated, these payments are regulated by the Regulations on remuneration adopted for municipal employees - municipal regulations, for regional - acts of the regions. In relation to federal - by acts of the Federal authorities in charge of the institution.
For example, in accordance with the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 "On approval of the Procedure for providing monetary allowances for employees of the internal affairs bodies of the Russian Federation", payment for part-time work is made:
in the positions of employees - in the manner prescribed by the legislation of the Russian Federation;
in the positions of employees - based on the salary established for the position to be replaced on a part-time basis, as well as all other additional payments provided for this position, except for the percentage increase for the length of service (length of service), in proportion to the time worked.
And according to the Resolution of the Cabinet of Ministers of the RT dated 10.12.1999 N 813 (as amended on 04.08.2008, as amended on 14.12.2010) "On the implementation of the Law of the Republic of Tatarstan" On libraries and librarianship "(together with the" Charter of the state institution "National Library Of the Republic of Tatarstan "," Regulations on the procedure for assigning monthly allowances to the official salary (rate) for the length of service of library workers "), librarians working part-time have the right to assign a bonus for length of service.
The assignment of the allowance is made on the basis of the order of the director of the library, issued at the request of the commission for establishing seniority.
Thus, it is impossible to unambiguously answer your question without knowing the specifics of the institution.
See regulations for your region.
Details in the materials of the System:
1. Answer: How to apply for a part-time job. N.Z. Kovyazina
The procedure for working in combination
With a part-time job, an employee, in his free time from the main job, performs other regular paid work under a separate employment contract (). Part-time work can be done both at the place of the main job (internal part-time job), and in other organizations (external part-time job) ().
Number of part-time jobs
The legislation does not limit the number of part-time jobs. That is, the employee is allowed to conclude part-time employment contracts with any number of organizations (taking into account). This is stated in Article 282 of the Labor Code of the Russian Federation.
Should an employer hiring an external part-time worker check whether he has a main job
Directly, the Labor Code of the Russian Federation does not oblige an employer who hires an external part-time worker to ask him for confirmation of his main job. individual cases of hiring employees, in particular, managers, when the consent of the founders from the main job to a combination is required, or employees of harmful professions, when confirmation is required that the employee's main place of work is not associated with harm (, Labor Code of the Russian Federation).
In addition, if in the process of work a part-time worker on certain days requires him to establish a full working day due to the fact that at the main place of work he is free from performing labor duties, then this fact will also have to be confirmed by documents from the main place of work: a certificate of the work schedule employee, an extract from the order of suspension, etc. (). When granting leave to a part-time employee, it is also recommended to require a certificate from the main place of work stating that the employee is sent on the main leave during the same period, since leave at the place of part-time work is provided simultaneously with leave at the main job (). Thus, in the process of activity, moments may periodically arise that require confirmation of the fact of the employee's work at the main place of work, and if the employee does not have such a place, then there is a high probability that this fact will be revealed. In particular, information about the absence of the main place of work can also be found in the event of an employee's illness, when the employer requests a copy of the work book from the part-time employee to calculate and confirm his work experience.
An employee's concealment of the absence of the main place of work indicates the bad faith of the employee himself and may negatively affect him, first of all, when assigning a pension and confirming the insurance period. Therefore, if the fact of the absence of the main place of work for an external part-time worker is discovered, it is recommended to bring the relationship in accordance with the law, that is, from part-time to the main place with part-time work or terminate the employment contract due to violation of the rules for its conclusion (). These measures will subsequently help to avoid questions about the legality of granting or not granting rights and guarantees that differ from the main employees (the right to annual and educational leave, the payment of individual allowances, the right to sick leave, etc.).
At the same time, labor legislation does not provide for the automatic retraining of a part-time employment contract into an employment contract at the main place upon detection of the fact that an employee does not have a main place of work. In this connection, there is another position that the employer does not need to take any action in this situation.
In the absence of official clarifications and judicial practice on this issue, each organization independently makes a decision. Representatives of Rostrud in unofficial explanations adhere to the first point of view - the need to bring relations in line with the law.
Is it possible to hire a soldier for a part-time job
As a general rule, it is impossible.
An exception has been made only for those military personnel who will concurrently engage in pedagogical, scientific or creative activities. At the same time, part-time work should not interfere with the performance of an employee of his military duties. This is stated in Article 10 of the Law of May 27, 1998 No. 76-FZ.
Is it possible to hire a part-time worker who is the director of a municipal unitary enterprise
As a general rule, it is impossible.
The heads of unitary enterprises are not entitled to engage in other paid work, both in commercial and budgetary organizations. An exception is made only for those managers who will be involved in teaching, research or other creative activities. This is stated in Article 21 of the Law of November 14, 2002 No. 161-FZ.
Can one and the same person be the chief accountant in two organizations at the same time (in one - according to the work book, in the other - part-time)
Yes maybe.
It does not establish any restrictions or special requirements for part-time work for chief accountants.
Part-time employment is the performance of other paid work by an employee in his free time from the main job. This concept is spelled out in the Labor Code of the Russian Federation. At the same time, an employment contract must be concluded with a part-time job, which indicates that the work is part-time.
Is it possible to arrange a part-time employee in the same organization and in the same position in which he already works as the main one
Yes, you can.
It should be noted that earlier the Labor Code of the Russian Federation allowed internal part-time employment only in another profession, specialty or position. However, on October 6, 2006, it became invalid.
Thus, taking into account the position of Rostrud, internal part-time work is possible in any profession (specialty, position), including those similar to the one that the employee performs at the main place of work.
Is it possible for an external part-time worker to establish an internal part-time job
Yes, you can, subject to the time constraints of part-time work.
Thus, the organization has the right to hire an employee for part-time work, who will work on Saturday and Sunday, despite the fact that he has a five-day working week at the main place, and he will have these days off.
At the same time, do not forget that the duration of the part-time job should not exceed half of the working time per month (another accounting period) established for the corresponding category of employees ().
This approach applies to both external and internal part-time workers.
Part-time working hours
As a rule, the working time for part-time workers cannot exceed four hours per day (). But if an employee is free from the main job (on any day), then he can work part-time on that day full time. However, during one month (another accounting period), the duration of the part-time job must not exceed half of the working time per month (another accounting period) established for the corresponding category of employees. Such restrictions are established by Article 284 of the Labor Code of the Russian Federation.
Limitations on the duration of part-time working hours do not need to be observed if the employee at the main place of work:
suspended work due to a delay in the payment of his salary ();
suspended from work for health reasons with the retention of the position for up to four months in the cases provided for in Article 73 of the Labor Code of the Russian Federation;
is the head, his deputy, the chief accountant of an organization (a separate subdivision) and was dismissed for health reasons with the retention of his position in the case provided for in Article 73 of the Labor Code of the Russian Federation.
On days when an employee is employed at the main place of work, the daily duration of his part-time work cannot exceed four hours a day. For more than four hours, a part-time worker can only work on days when he is not busy at the main place of work. For example, if at the main place of work an employee is not busy on any day, he can work part-time full-time (eight hours). Then overtime will be considered hours of work that the part-time worker has worked in excess of the prescribed eight hours. At the same time, the duration of part-time working hours for a month (another accounting period) should not exceed half of the working hours of the same category of employees working on a permanent basis (i.e. not part-time) for the same accounting period.
Irregular working hours - a special mode of work, according to which individual employees can be involved in the performance of their labor functions outside the established working hours for them with ().
Since the length of the working time of a part-time worker is limited by law, he cannot be set on irregular working hours, regardless of how many hours a part-time worker works per day.
Do I need to shorten the pre-holiday working day part-time
Yes need.
Holidays in Russia are listed in article 122 of the Labor Code of the Russian Federation. As a general rule, the duration of a working day (shift) immediately preceding a non-working holiday is reduced by one hour. At the same time, reducing the working day by one hour does not reduce the employee's salary. This is stated in article 95 of the Labor Code of the Russian Federation.
This rule applies to all employees, regardless of their work schedule and length of the working day, including those who work part-time, both internally and externally ().
For example, the duration of the daily work of an external part-time worker is four hours a day. In accordance with Article 95 of the Labor Code of the Russian Federation, the duration of the pre-holiday working day of such an employee will be equal to three hours, that is, reduced by one hour in general.
For more information on how to show the hours of a part-time employee on such a day in the timesheet, see.
Can a part-time worker work full-time for a long time if he is on leave without pay at his main place of work?
On days free from the performance of duties for the main job, a part-time worker has the right to work part-time for a full day (shift). At the same time, in total, in the accounting period (month, quarter, etc.), he is entitled to work no more than half of the total working time established for the corresponding category of employees. This means that full-time work must be compensated for by reduced work hours (less than four hours) on other part-time work days. At the same time, the presence of an employee on long leave at the main place of work does not allow exceptions to this rule. This follows from the provisions of the articles of the Labor Code of the Russian Federation.
An example of a part-time full-time job
A.S. Kondratyev works at Alpha as a part-time manager. He has a five-day working week. In accordance with the Alfa staffing table, the salary of managers is 30,000 rubles. Kondratyev's wages are made in proportion to the hours worked. The accounting period for part-time employees at Alpha is one month.
In December 2012, Kondratyev was free from his main job for two weeks. From 3 to 7 December and from 10 to 14 December 2012, he worked part-time a full day - 8 hours. Half of the working time norm in December 2012 is 83.5 hours (167 hours: 2).
Since Kondratyev worked 80 hours in two weeks, he can work no more than 3.5 hours by the end of December 2012. This time Kondratyev worked on December 17, 2012.
For December 2012, Kondratyev will receive a salary of 15,000 rubles. (30,000 rubles / 167 h × 83.5 h), since I fully worked my working hours.
Can an employee work part-time full-time if he has a long vacation at his own expense at his main job
No, he can not.
Labor legislation does not contain any prohibitions on working on a part-time basis during the period of being on long leave without pay. At the same time, the duration of such work is limited - no more than half of the working time norm for the corresponding accounting period. Although the employee may work full time on certain days, the accounting period must be followed for a part-time job. Therefore, in general, an employee cannot work part-time full-time if he has a long vacation at his own expense at his main job. This conclusion follows from the totality of the provisions of Article 284 and Article 285 of the Labor Code of the Russian Federation.
Can an employee continue to work on an internal part-time job in the evening if he is directed to refresher courses for his main job? Courses take place in the daytime in the same area where the employee lives and works
Yes maybe.
If a part-time employee is sent in the daytime to refresher courses for his main job, but at the same time has the actual opportunity to work internally in the evening, then the employer is obliged to provide him with such work, and the employee is obliged to perform it in accordance with the terms of the concluded contract (, TC RF).
In such a situation, for the period under consideration, the employer is obliged, in addition to the average earnings for the main job, to pay the salary (and not the average earnings) for part-time work (Labor Code of the Russian Federation).
Taking into account the above, referral to courses in the main job is not a basis for canceling part-time work, if there is a real opportunity to perform such work. For the period of study, part-time work is possible, but only with the consent of the employer ().
How to comply with the limitation of half the working time norm for a part-time worker: for each job or for a set of jobs. The employee has several part-time jobs
The legislation does not contain an unequivocal answer to this question.
Currently, two positions have been formed on this issue.
Supporters of the first believe that the restriction is set for the aggregate of part-time jobs. The following arguments are given.
Part-time work is all work performed by an employee outside the main place of work. Consequently, the limitation of half the working time must be observed for the totality of the jobs of the part-time employee (). A different approach deprives the norm for limiting the duration of part-time work of its goal - to protect the employee from excessive workload aimed at preserving his life and health in the process of work ().
The opposite point of view is based on the fact that the Labor Code of the Russian Federation does not contain a clause that the limitation of the working time of a part-time worker should be observed for the totality of part-time jobs, therefore, the duration of the part-time job is limited for each of his part-time jobs, and not for their totality. A similar position is supported by Rostrud in letters and.
Taking into account the official position and the absence of opposite judicial practice on this issue, it is safe for organizations to use the second approach as well. As an additional argument, it can be noted that the legislation does not oblige the employer to check whether the employee has other part-time jobs and the working conditions for them. As a result, in practice, it is possible that an employee, without notifying the employer about other places of work, concludes another contract, in which the established limit on hours of work will no longer be observed. Revealing such facts without a special check is quite problematic, however, if they are discovered, there is no reason to hold the employer liable due to the absence of his fault.
What documents need to be requested from an external part-time worker in order to establish him an eight-hour working day at a part-time job
If a part-time employee is free from the main job on any day, then he can work part-time on that day, full (including eight-hour) working day ().
Formally, the Labor Code of the Russian Federation does not oblige the employer of an external part-time employee to document the release of the latter from his main job. At the same time, in order to avoid disputes with inspection bodies and organizations, it is better to document the release of an employee from his main job. Such confirmation may be, for example, a work schedule at the main place of work, an order from the main place of work to start downtime, an application for suspension by an employee of work, etc. Certified copies of these documents, an external part-time employee has the right to request from the employer at the main place of work and provide the employer with whom he is employed part-time (). In addition, the employer for whom the employee works part-time can directly request such documents from the main employer with observance.
When assigning a full-time employee to a part-time employee, the employer should be aware of
1. Whether to pay a part-time seniority and qualification category?
1.1. This procedure for calculating allowances (including seniority allowances) applies to all employees working part-time. See the terms of the contract, as well as the Regulation on remuneration.
Labor Code of the Russian Federation, Article 285. Remuneration of labor of persons working part-time
Remuneration for the work of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract.
When establishing standardized tasks for persons working part-time with time-based wages, labor remuneration is made according to the final results for the amount of work actually performed.
Good luck.
1.2. Naturally, part-time workers are obliged to pay all incentive bonuses that are provided for by the regulation on wages, as well as to main employees.