Bonus for seniority to an internal part-time worker. Bonus for seniority for external part-time workers. Bonus 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, it is charged district coefficient and a percentage allowance (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, subparagraphs “k” of paragraph 2 of the Regulation on the features of the procedure for calculating average wages, approved by the Decree of the Government of the Russian Federation dated December 24, 2007 N 922). Article 60.2 of the Labor Code of the Russian Federation emphasizes that the work of 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 exemption from work specified in the employment contract, the employee is paid an additional payment.
Compensation for seniority when combining positions
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. Instructing an employee of additional work to combine professions (positions) changes his labor function.
Since the condition on the labor function is mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), and changing the conditions determined by the parties employment contract 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 supplementary agreement to an employment contract.
Combined payroll
In any case, the combination of professions (positions) is the performance by an employee of additional work on another staff unit available in the staffing table. Moreover, all these types of additional work are allowed subject to following conditions: - with the obligatory consent of the employee; - within normal working hours, i.e. 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 worker belongs: for example, teachers will not be appointed to replace an accountant. For your information. The offer to perform additional work by combining positions is the right, not the obligation of the employer.
There are no restrictions on the number of combined positions by labor legislation. Based on the meaning of Art.
Is the superannuation for length of service calculated correctly when combining?
The last stage of registration of the combination, at which the employee must confirm his consent with the assignment of additional duties to him and the amount of additional remuneration for the combination, is the issuance by the employer of the combination order, which indicates:
- the basis for issuing the order (for example, “in connection with the annual basic paid leave of the employee”);
- deadline for performing additional duties;
- the size of the surcharge for combination;
- instructing the accounting department to pay wages to the employee, taking into account the provisions of the order.
The employee must be familiar with the order against signature. If the employee does not agree with the order and refuses to sign it, additional duties cannot be assigned to him. In this case, additional work may be assigned to another employee.
Additional payment for combining positions
Another option is to conclude an additional agreement to the main employment contract on assigning an additional amount of work to the employee in 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 length of service is not charged to part-time workers.
Find out in personnel service how the director's pedagogical part-time work is framed. Suppose a director has only one employment contract. It has an additional agreement on pedagogical work.
Attention
Calculate the superannuation for years of service on your salary. The director has two employment contracts. Calculate the seniority bonus on the salary for the main position.
One more moment. The employer has the right to establish any procedure for calculating surcharges. It is not clear from the question on which payments the coefficient is calculated.
- type of additional work;
- scope of work;
- deadline;
- the size of the surcharge and other conditions.
Thirdly, the employer must issue an order imposing additional duties on the employee, with which the latter must be familiarized against signature. If the employee does not agree with the order, add. duties are assigned to another employee. Fourthly, the employee is given the right to refuse to perform additional 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 worker paid a seniority bonus?
- Themes:
- Surcharges
- part-time
Question At the music school, the director also has a pedagogical load 24 hours a week, approved by the head of the Department of Culture and included in the billing on September 1, 2015. According to the Regulations on wages, the increasing coefficient to the salary for length of service is not paid to part-time workers. Should we accrue an additional payment for the length of service to the director for the teaching load? Answer If the director performs additional pedagogical work under a separate second employment contract, do not accrue remuneration for the length of service for payments under the second employment contract. Extra work can be done in a variety of ways. One option is to conclude a separate employment contract with the same employer for the performance of 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 work.
Features of calculating the additional payment for work on combination
As a result, the teacher's claim was dismissed. As for the regions in which the district coefficient is applied, then Supreme Court RF in the definitions of August 30, 2013 No. 93-
KGPR13-2, dated June 24, 2011 No. 52-B11-1, decided that wages without including the regional coefficient and the percentage allowance for continuous work experience should not be less than the minimum wage. Therefore, for a part-time salary equal to half the minimum wage, the district coefficient should also be charged.
Vacation of a part-time worker It may also happen that for positions occupied by an internal part-time worker, different vacation periods 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 be charged an additional payment for length of service with a part-time job
According to the combined position is determined tariff rate in the amount of 135 rubles per hour. The salary of an employee in the main position in this case will be 19,320 rubles.
(115 rubles / hour x 168 hours). Surcharge for combination - 11,340 rubles. (135 rubles per hour x 168 hours x 50%). That is, the total amount of wages will be equal to 30,660 rubles. ((19,320 + 11,340) rubles). Situation 3 The employee has an hourly rate of 115 rubles per hour. For a combined position - a salary of 22,000 rubles. Salary at the main place of work will be 19,320 rubles. (115 rubles / hour x 168 hours). Surcharge for combination - 11,000 rubles. (22,000 rubles x 50%).
The total amount of wages will be equal to 30,320 rubles. ((19,320 + 11,000) rubles). So, we examined the main features of the work of combining and the procedure for remuneration in this case.
In our opinion, this procedure for calculating bonuses (including bonuses for length of service) applies to all employees working part-time. Thus, internal part-time workers should be paid a seniority bonus, accrued in proportion to the hours worked. Details in the materials of the Personnel System: Situation: Features of the remuneration of a part-time job Magazine "Salary in an Institution" No. 10, October 2014 V.V. Egorov, payroll consultant, social benefits and their taxation If part-time workers work in an institution, when calculating their salaries and reporting to the FIU, one should take into account a number of nuances that controllers pay attention to *. An analysis of the current norms of legislation and arbitration practice will help to avoid difficulties. * Resolution of the Fourth Arbitration Court of Appeal dated August 19, 2014 in case No. A19-792 / 2014.
Bonuses for work experience for an internal part-time worker
- Bonus for work experience in the regions of the Far North and equivalent regions for a young specialist
- Does the length of service in the district Administration relate to the budget for the payment of bonuses for the length of service in budget organization
Lawyers Answers (1)
- All services of lawyers in Moscow Assistance in reinstatement at work Moscow from 40,000 rubles.
Is an internal part-time worker paid a seniority bonus?
Is an additional payment for the length of service 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 sector paid to an external part-time worker who works at a 0.5 rate in a cultural institution and at a rate in 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 a 0.5 rate in a cultural institution and at a rate in an educational institution? Yes, in a cultural institution, an additional payment for length of service can be established for an employee who performs his labor functions on the terms of an external part-time job.
Bonus 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 relax, regardless of the duration of part-time leave. Therefore, the manager, at the request of the employee, is obliged to provide him with unpaid leave for a part-time job of the appropriate duration.
However, if the employee does not make such a request, then he is obliged to go to work part-time before the end of the vacation at the main place of work. The nuances of terminating an employment contract The same rules for terminating an employment contract apply to internal part-time workers as to external ones.
Let us illustrate this rule with another example.
Ipc-star.ru
At the same time, the approximate regulation on remuneration of employees of federal budgetary institutions of culture and arts, subordinate to the Ministry of Culture of Russia, also establishes that remuneration of employees employed part-time, as well as on a part-time or part-time basis, is made in proportion to the hours worked, depending on production or on other conditions determined by the employment contract. Read more about the seniority allowance here: In the approximate regulation on remuneration of employees of federal budgetary educational institutions subordinate to the Ministry of Culture of Russia, it is expressly provided that employees employed part-time, as well as on a part-time basis, the accrual of allowances is made in proportion to the hours worked.
Read more about the extra charge for classiness of drivers at the link.
- for the intensity and high results of work;
- for the quality of work performed;
- for continuous work experience, length of service.
Thus, the seniority bonus refers to incentive payments, which are part of the remuneration system established in the institution (Article 135 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (hereinafter - the Labor Code of the Russian Federation)). In accordance with Article 144 of the Labor Code of the Russian Federation, the system of remuneration of employees of state and municipal institutions are established: Bonuses for employees can be established by local acts of the institution according to the performance indicators 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 whether he performs it part-time.
Supplement for seniority with internal part-time work
Important
As a result, the teacher's claim was dismissed. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation, in its rulings of August 30, 2013 No.
№ 93- KGPR13-2, dated June 24, 2011, No. 52-B11-1 decided that wages without including the district coefficient and the percentage allowance for continuous work experience should not be less than the minimum wage. Therefore, for a part-time salary equal to half the minimum wage, the district coefficient should also be charged.
Vacation of a part-time worker It may also happen that for positions occupied by an internal part-time worker, different vacation periods 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.
Bonus for seniority with internal part-time healthcare 2016
N 213 "On bonuses for the duration of continuous work medical workers, holding part-time positions in healthcare organizations and social protection population"). The procedure for paying interest surcharges is regulated by the Decree of the Ministry of Labor of Russia of October 8, 1992 No.
N 18 "On the establishment of allowances for the duration of continuous work for doctors, pharmacists and other employees of healthcare institutions and social protection of the population", Regulations on the remuneration of healthcare workers of the Russian Federation, approved by Order of the Ministry of Health of Russia dated October 15, 1999 N 377 and a letter from the Ministry of Health of Russia dated 4 April 1994
N 2510 / 2357-97-32 "On the procedure for paying bonuses for the duration of continuous work to medical workers working part-time"; B) civilian personnel of the bodies of the Ministry of Defense of the Russian Federation (p.
Bonus for seniority with internal part-time work
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, he was no longer paid 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, wages overpaid to an employee (including in the event 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 in 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 current legislation he keeps workplace(position). At the same time, 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 temporary transfer for another job (part 1 of article 72.2 of the Labor Code of the Russian Federation). In any case, the combination of professions (positions) is the performance by an employee of additional work on another staff unit available in the staffing table.
Should I be charged an additional payment for length of service with a part-time job
TC RF). And no good reason is required. According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right to pay wages in full in accordance with his qualifications, the complexity of the work, the quantity and quality of the work performed. By virtue of Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract on the basis of the remuneration 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 that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are established collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.
Additional payment for combining positions
Another option is to conclude an additional agreement to the main employment contract on assigning an additional amount of work to the employee in 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 length of service is not charged to part-time workers.
Find out in the personnel service how the director's pedagogical part-time work is framed. Suppose a director has only one employment contract. It has an additional agreement on pedagogical work.
Calculate the superannuation for years of service on your salary. The director has two employment contracts. Calculate the seniority bonus on the salary for the main position.
One more moment. The employer has the right to establish any procedure for calculating surcharges. It is not clear from the question on which payments the coefficient is calculated.
Bonuses for work experience for an internal part-time worker
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, he was no longer paid 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, wages overpaid to an employee (including in the event 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 in paragraph 3 of Article 1109 of the Civil Code of the Russian Federation.
Is an internal part-time worker paid a seniority bonus?
To this, the employer objected that at the end of the year his workload amounted to 312 hours and about no overtime work in this case it is out of the question. Polevskoy City Court Sverdlovsk region in a decision dated June 18, 2014
No. 2-929 / 2014 indicated that for a year the normal working hours for a part-time worker is 889.2 hours (1778.4 hours: 2). Thus, during the accounting period of a calendar year, the number of hours worked by a part-time teacher did not exceed the normal working hours. The court came to the conclusion that the calculation by the teacher of the length of 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 overtime can be established only at the end of this period.
Features of calculating the additional payment for work on combination
As a rule, the amount of the additional payment is brought to the attention of 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 payment offered by the employer corresponds to the expected labor costs. In add. the agreement to the employment contract signed by the employee must indicate the allowance that suits him. If the employer promises large payments, but sets different numbers in official documents, the employee who signed these documents will not be able to require the employer to pay the promised amounts.
At the same time, additional obligations under agreement must be complied with by the employee.
Combined payroll
As a result, the teacher's claim was dismissed. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation in its rulings of August 30, 2013 No. 93- KGPR13-2, dated June 24, 2011, No. 52-B11-1 decided that wages without including the district coefficient and the percentage allowance for continuous work experience should not be less than the minimum wage. Therefore, for a part-time salary equal to half the minimum wage, the district coefficient should also be charged.
Vacation of a part-time worker It may also happen that for positions occupied by an internal part-time worker, different vacation periods 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 at the link. The organization paid their part-timers. At the same time, these persons did not work in the organization in the two previous calendar years.
The Federal Antimonopoly Service of the Volga-Vyatka District, in its resolution of March 13, 2013 No. A28-3493 / 2012, noted that the benefit is paid to the insured person by all employers at all places of work only on the condition that at the time of the occurrence of the insured event and in the two previous calendar years, the insured the person worked for these insurers. Consequently, the fund rightfully refused to reimburse the organization for the payment of benefits to part-time workers. Part-time workers receive child care 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 a combined position, the tariff rate is set at 135 rubles per hour. The salary of an employee in the main position in this case will be 19,320 rubles. (115 rubles / hour x 168 hours).
Surcharge for combination - 11,340 rubles. (135 rubles per hour x 168 hours x 50%). That is, the total amount of wages will be equal to 30,660 rubles.
((19,320 + 11,340) rubles). Situation 3 The employee has an hourly rate of 115 rubles per hour. For a combined position - a salary of 22,000 rubles.
Salary at the main place of work will be 19,320 rubles. (115 rubles / hour x 168 hours). Surcharge for combination - 11,000 rubles. (22,000 rubles x 50%).
The total amount of wages will be equal to 30,320 rubles. ((19,320 + 11,000) rubles). So, we examined the main features of the work of combining and the procedure for remuneration in this case.
If the employer offers additional work (internal combination), you need to remember the following: 1.
Should seniority be credited for an additional payment for combining
If an absent employee is paid wages (for example, on business trips or in the performance of public duties), then the additional payment for combining increases the payroll. If a sick employee is replaced, then payment for a temporary disability certificate is made at the expense of the FSS, and the employee’s salary or part of it may not increase this fund.
The amounts of additional payments for combining professions, expanding service areas are related 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. Surcharges in general order subject to income tax and insurance premiums.
We are a budgetary organization in which there is a bonus for seniority. Is this length of service paid to external part-time workers?
Answer
In accordance with Article 287 of the Labor Code of the Russian Federation, guarantees and compensations to persons who combine work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at their 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 length of service are not directly indicated, these payments are regulated by the Regulations on wages adopted for municipal employees - municipal regulatory legal acts, for regional ones - acts of the regions. With regard to federal - acts federal authorities 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 to employees of internal affairs bodies Russian Federation"Payment for part-time work is made:
in the positions of employees - in order, established by law Russian Federation;
in employee positions - based on the salary established for the position filled on a part-time basis, as well as all other additional payments provided for this position, except for the percentage bonus for the length of service (length of service), in proportion to the hours worked.
And according to the Decree of the Cabinet of Ministers of the Republic of Tatarstan of December 10, 1999 N 813 (as amended on August 4, 2008, as amended on December 14, 2010) "On the implementation of the Law of the Republic of Tatarstan "On libraries and librarianship" (together with the "Charter public institution"National Library of the Republic of Tatarstan", "Regulations on the procedure for assigning monthly allowances to the official salary (rate) for length of service for library workers"), library employees working part-time have the right to assign an allowance for length of service.
The allowance is assigned on the basis of the order of the library director, issued on the proposal of the seniority commission.
Thus, it is impossible to unequivocally answer your question without knowing the specifics of the institution.
See the regulations in accordance with your region.
Details in the materials of the System:
1. Answer: How to apply for a part-time job. N.Z. Kovyazin
The procedure for working part-time
When part-time, the employee, in his free time from his 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 worker), and in other organizations (external part-time worker) ().
Number of part-time jobs
The legislation does not limit the number of part-time jobs. That is, an employee is allowed to conclude employment contracts for part-time employment 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 Labor Code The Russian Federation does not oblige an employer who hires an external part-time job to ask him for confirmation of the availability of the main place of work. individual cases of hiring employees, in particular, managers, when the consent of the founders from the main job to part-time work is required, or employees harmful professions when confirmation is required that the employee's main place of work is not associated with hazards (, 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 he is free from the performance of labor duties at his main place of work, then this fact will also have to be confirmed by documents from the main place of work: a certificate of work schedule employee, an extract from the suspension order, etc. (). When granting a vacation, a part-time job is also recommended to require a certificate from the main place of work stating that the employee is sent on the main vacation during the same period, since leave at the place of work part-time 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 that the employee works at the main place of work, and if the employee does not have such a place, then it is likely that this fact will be revealed. In particular, information about the absence of the main place of work can also be detected in the event of an employee’s illness, when the employer asks the part-time worker for a copy of the work book to calculate and confirm his work experience.
Concealment by an employee of the fact of the absence of a main place of work indicates the dishonesty of the employee himself and may negatively affect him first of all when assigning a pension and confirming the insurance period. Therefore, if it is discovered that the external part-time job does not have a main place of work, it is recommended to bring the relationship in accordance with the law, that is, from part-time work to the main place with a part-time job or terminate the employment contract due to violation of the rules for concluding it (). These measures will subsequently help to avoid questions about the legality of granting or not granting the rights and guarantees that distinguish part-time workers from the main employees (the right to an annual and study leave, payment of individual allowances, the right to sick leave, etc.).
At the same time, labor legislation does not provide for the automatic requalification of a part-time employment contract into an employment contract at the main place upon discovery of the fact that the employee does not have a main place of work. In this connection, another position has developed that the employer does not need to take any action in this situation.
In the absence of official clarifications and judicial practice each organization makes its own decision on this issue. Representatives of Rostrud in informal clarifications adhere to the first point of view - the need to bring relations in line with the law.
Is it possible to hire a soldier to work part-time
By general rule it is forbidden.
An exception is made only for those military personnel who, in combination, will be engaged in pedagogical, scientific or creative activities. At the same time, part-time work should not interfere with the employee's performance 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 job who is the director of a municipal unitary enterprise
As a general rule, you can't.
Heads of unitary enterprises are not entitled to engage in other paid work in both commercial and budget organizations. An exception is made only for those leaders who, in combination, will be engaged in teaching, scientific or other creative activities. This is stated in Article 21 of the Law of November 14, 2002 No. 161-FZ.
Can the same person be the chief accountant in two organizations at the same time (in one - work book, in the other - concurrently)
Yes maybe.
It does not establish any restrictions or special requirements for part-time work for chief accountants.
A part-time job is the performance by an employee of another paid job in his spare time from his main job. This concept is spelled out in the Labor Code of the Russian Federation. At the same time, an employment contract is necessarily concluded with a part-time job, which indicates that the work is a part-time job.
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
Yes, you can.
It should be noted that earlier the Labor Code of the Russian Federation allowed internal part-time employment only in a different profession, specialty or position. However, since October 6, 2006, it has become invalid.
Thus, taking into account the position of Rostrud, work on internal combination 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 employee to establish an internal part-time job
Yes, you can, subject to restrictions on part-time work.
Thus, the organization has the right to hire an employee to work part-time, who will work on Saturday and Sunday, despite the fact that he has a five-day salary at his main place. work week, and he will have these days off.
At the same time, do not forget that the duration of the work of a part-time worker should not exceed half the norm of 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.
Working hours of a part-time worker
As a rule, the duration of working hours for part-time workers cannot exceed four hours a day (). But if the employee is free from the main job (on any day), then he can work part-time on that day full-time. However, within one month (another accounting period), the duration of the work of a part-time worker should not exceed half the norm of working hours 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.
Part-time working time restrictions do not need to be observed if the employee at the main place of work:
suspended work due to delayed payment of his salary ();
suspended from work for health reasons with the retention of the position for a period of up to four months in cases provided for in Article 73 of the Labor Code of the Russian Federation;
is the head, his deputy, chief accountant of the organization ( separate subdivision) and dismissed for health reasons with the retention of the position in the case provided for in Article 73 of the Labor Code of the Russian Federation.
On those days when the employee is busy 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 work only on those days when he is not busy at his main place of work. For example, if an employee is not busy on any day at the main place of work, he can work part-time full-time (eight hours). Then overtime will be considered the hours of work that the part-time worker 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 the norm of 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, in accordance with which individual employees can be involved in the performance of their labor functions outside the working hours established for them with ().
Since the working hours of a part-time worker are limited by law, he cannot be set an irregular working day, regardless of how many hours a day the part-time worker works.
Do I need to reduce the working holiday day for a part-time worker
Yes need.
Holidays in force in Russia are listed in Article 122 of the Labor Code of the Russian Federation. As a general rule, the length of the working day (shift) immediately preceding the non-working day holiday, decreases 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 mode of work and the length of the working day, including those who work part-time - both internal and external ().
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 the general manner.
For more information on how to reflect the hours of work of a part-time employee on such a day in the time sheet, see.
Can a part-time worker work full time for a long time if he is on vacation 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 at a part-time job full time (shift). At the same time, in total, in the accounting period (month, quarter, etc.), he has the right to work out no more than half of the total working time standard established for the corresponding category of employees. This means that full-time work must be compensated by a reduction in work time (less than four hours) on other days of part-time work. At the same time, the fact that an employee is on a long vacation at the main place of work does not allow exceptions to this rule. This follows from the provisions of the articles, the Labor Code of the Russian Federation.
An example of a full-time part-time job
A.S. Kondratiev works at Alfa as a part-time manager. He has a five-day work week. According to staffing"Alpha" official salary managers is 30,000 rubles. Kondratiev's remuneration is 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 duties for two weeks. From December 3 to 7 and from December 10 to 14, 2012, he worked part-time full time - 8 hours a day. Half of the standard working time in December 2012 is 83.5 hours (167 hours: 2).
Since Kondratiev worked 80 hours in two weeks, by the end of December 2012 he can work no more than 3.5 hours. Kondratiev worked this time on December 17, 2012.
For December 2012, Kondratiev will receive a salary of 15,000 rubles. (30,000 rubles / 167 hours × 83.5 hours), since he fully worked out his working hours.
Can an employee work part-time full-time if he has a long vacation at his main job at his own expense
No, he can not.
Labor legislation does not contain any prohibitions on part-time work during the period of stay on long leave without pay. At the same time, the duration of such work is limited - no more than half of the norm of working time for the corresponding accounting period. Although on some days an employee can work full time, the accounting period must be observed for a part-time job. Therefore, the employee general case cannot work part-time full-time if he has a long vacation at his main job at his own expense. 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 sent to advanced training courses for his main job. Courses take place during 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 advanced training courses for the main job, but at the same time has the actual opportunity to work internally part-time 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 agreement (, TK RF).
In such a situation, for the period under review, the employer is obliged, in addition to the average earnings for the main job, to pay a salary (and not the average earnings) for part-time work (, Labor Code of the Russian Federation).
Taking into account the above, the direction to courses on the main work 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 limit of half the norm of working hours for a part-time job: for each place of work or for a combination of jobs. An employee has several part-time jobs
The legislation does not provide a clear answer to this question.
There are currently two positions on this issue.
Supporters of the first one believe that the restriction is set for the totality 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. Therefore, the restriction of half the norm of working time must be observed for the total number of jobs of a part-time employee (). A different approach deprives the norm of limiting the duration of part-time work from its goal - protecting the employee from excessive workload aimed at preserving his life and health in the labor process ().
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 job should be observed for the totality of part-time jobs, therefore, the working time of a 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 contrary judicial practice on this issue, it is safe for the organization to apply, among other things, the second approach. 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 working conditions for them. As a result, in practice, a situation is possible when an employee, without notifying the employer about other places of work, concludes another contract, in which the established restriction on working hours will no longer be observed. The identification of such facts without special verification 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 job in order to set him an eight-hour working day at a part-time job
If a part-time employee is free from his main job on any day, then he can work part-time on that day a full (including eight-hour) working day ().
Formally, the Labor Code of the Russian Federation does not oblige the employer of an employee - an external part-time worker 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 the main job. Such confirmation can be, for example, a work schedule at the main place of work, an order from the main place of work to start downtime, a statement about the suspension of work by an employee, etc. The employee - external part-time worker has the right to request certified copies of these documents from the employer at the main place of work and provide to the employer with whom he is employed part-time (). In addition, an employer for whom an employee works part-time can directly request such documents from the main employer in compliance.
When setting a full-time part-time employee, the employer should remember about
1. Whether to pay a part-time seniority and qualification category?
1.1. This procedure for calculating bonuses (including bonuses for length of service) 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
The remuneration of labor 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 for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed.
Best wishes.
1.2. Naturally, the part-time worker is obliged to pay all incentive allowances, which are provided for by the regulation on remuneration, as well as to the main employees.