How to pay for internal part-time work. How is part-time work paid? Nuances on incentive payments
How to pay part-time workers is a pressing question for many employers. The employee works regularly, but is not a primary employee. What payments, benefits and guarantees are he entitled to by law?
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Many organizations have part-time workers on their staff. These can be both existing employees and entities brought in from outside.
The nuances of the activities of such employees, as a rule, are discussed during employment. But when it comes to remuneration, many employers still don’t know how to do it right.
Is it necessary to pay a part-time worker sick leave, how to arrange vacation pay, is such an employee entitled to an advance? How is payment made for part-time work?
Basic moments
How is a part-time employee paid? The main indicator when calculating wages is the work schedule.
But if you compare part-time workers and main workers, you shouldn’t strictly separate them. Part-time workers are not at all a separate category of employees.
The only difference is the incomplete work time, as a rule, this is incomplete work week or a shorter day.
When paying for part-time work, all payments due to a regular employee are taken into account. These include allowances, stipulated coefficients, and standard surcharges.
Necessary concepts
It's called part-time work activity, which the employee carries out additionally, in the unoccupied main work activity time.
The concept of “wages” predetermines. In the statement of law under wages Of course, reward for the work performed.
In this case, the following is taken into account:
- employee qualification level;
- the circumstances and complexity of the work performed;
- volume and quality of duties performed;
- incentive payments.
Compensation payments mean, for example, compensation for:
- performing duties in conditions other than normal (overtime, night work);
- activities in unusual climatic conditions;
- work in areas with unfavorable background radiation;
- other similar surcharges.
Incentive payments are intended to motivate employees and increase production efficiency. It can be:
- bonuses for exceeding the plan;
- bonuses for successful work;
- incentive payments for distinguished employees;
- other payments.
Documenting
An employee working part-time is registered in the same way as the main employee. That is, an employment contract is concluded with him.
Based on this, the employee is assigned Personnel Number and starts. The main regulator for payroll is becoming.
Its text must contain information about the procedure and conditions of remuneration. This is how the following data is written:
- position according to the staffing table;
- required salary;
- allowances;
- bonus payments;
- other additional payments.
As a rule, part-time workers are assigned a salary in the amount of fifty percent of the salary amount due to the main employee in this position.
However, the employer has the right to apply other payment options, in particular:
- time payment;
- payment for actual products produced;
- payments based on performance results.
The employment contract is certified by the signature and seal of the manager. Published by organizations.
After this, the part-time worker is considered a full-time part-time employee. His salary is calculated by analogy with the main employees.
Normative base
The norms of the Labor Code of the Russian Federation do not establish any special conditions payment for part-time work.
If a time-based payment system is used, then the actual time worked is taken into account and the salary is directly proportional to it.
When paying for work on a piece-rate basis, the amount of wages is determined by the terms of the contract. All requirements regarding the remuneration of part-time workers are specified in.
If the part-time worker is paid on a time-based basis with standardized tasks, then in this case the activity is paid for the amount of work actually performed, regardless of the time spent.
For example, if the part-time worker is a cleaner and for her the amount of space to be cleaned is clearly limited, then the work can be completed in two hours while maintaining the established salary.
When carrying out part-time activities, the employee has the absolute right to any increases and additional payments established by law.
Also, a part-time worker, on an equal basis with the main employees, must receive compensation, defined or regulatory local acts manuals.
Article 133 of the Labor Code of the Russian Federation states that the monthly salary of an employee cannot be less than the established one minimum size wages. Regarding the remuneration of part-time workers, the law does not have such a clear definition.
But it is logical to assume that if the employee is accepted at half the rate, then the payment should be accordingly.
That is, if the subject carries out part-time work, the minimum wage is determined in the amount of ½ of the established norm.
This document contains information about all hours worked by employees. The timesheet is maintained by a person authorized by the manager.
The accounting employee who calculates the salary, after submitting the accounting sheet, checks it for compliance.
That is, the correctness of the indication of enrollment, registration and sick days, indication of working hours at night and holidays, etc. is checked.
The accuracy of the calculation of hours worked for each employee is also verified.
For a part-time worker working on a time-based basis, the amount of wages is determined by multiplying the hours worked by the tariff rate. Then the required allowances and surcharges are added to the amount received.
For example, if work was carried out at night, then this period is additionally paid by multiplying night hours and the surcharge coefficient.
Work on holidays and non-working days, if any, is paid as for main employees. That is tariff rate doubled.
Wage
The salary level of a part-time worker is determined by the conditions.
At the same time, the employer is free not only to follow generally accepted standards, but also to establish his own calculation procedure.
For example, a part-time worker may be given a fixed salary without taking into account the actual time worked.
But regardless of the form of remuneration, a part-time worker is entitled to all regional coefficients and allowances applicable to main employees.
If, as remuneration for part-time work, the Labor Code proposes additional payment for the actual volume, then for part-time work, the recommendations of the law are different.
The Labor Code proposes to pay for part-time work in proportion to the time worked. In this situation, monthly salary rates are applied (0.5; 0.25 and others).
If a part-time worker works four hours a day every day, then he is given a rate of 0.5%.
For lower daily output, a lower rate is established. Consequently, the salary of a part-time worker is, in principle, less than the salary of the main employee.
Nuances on incentive payments
Can a part-time worker receive a full-time salary? If payment is made on a time basis, then definitely not.
In this case, it turns out that the employee works full time, which means that he is, in fact, the main employee, which requires documentation.
However, the salary of a part-time worker can be increased due to incentive payments. In addition to the bonus for qualifications, these may include additional payments for the amount of work actually done, if it exceeds the norm.
An employee can also be encouraged to high performance activities and so on. In this case, the assignment of additional payments is entirely at the discretion of the employer.
The upper salary threshold for a part-time worker is not limited by law. But speaking about incentive payments, we cannot ignore the fact that the salary of a part-time worker is less than established by law norms.
According to labor legislation, the main employee cannot receive a salary lower than the minimum wage, the minimum wage.
Consequently, a part-time worker must receive a salary no less than the established minimum wage, but taking into account the rate determined for him.
At the same time, the part-time employee pays, like the main employees, all required contributions and taxes. As a result, the amount he receives may be less than the norm required by law.
The employer must pay the remaining amount. For example, an employee working at a quarter rate is entitled to a minimum salary of 1/4 of the minimum wage. As of January 1, 2016, the minimum wage was set at 6,204 rubles.
With a salary of 5,200 rubles, the “net” salary of a part-time worker who does not receive bonuses and other payments will be 1,300 rubles, which is less than the norm.
In this case, the employer must pay an additional 251 rubles in order for the salary to comply with the requirements of the law.
Receiving an advance
Concerning the receipt of an advance by part-time workers, disputes do not subside. Some people think that a part-time worker’s salary is already not great, so there is no need to divide it into parts.
The law is clear on this matter - part-time workers should receive wages on an equal basis with main employees. Therefore, the advance payment to the part-time employee is paid simultaneously with all employees.
As for the amount of the advance, as usual it is equal to forty percent of the salary.
It is advisable to indicate the amount of the advance payment in employment contract. This will eliminate possible misunderstandings.
What is the minimum incentive amount?
According to the employer, the employer has the right to reward employees who excel in certain criteria.
Encouraging employees is a right, but not an obligation, of the employer. The list of possible incentives is determined by the collective agreement.
Moreover, according to the Regulations on Bonuses (,), the amount of bonuses can be set at the discretion of the employer.
Bonuses and incentives for part-time workers are carried out in the general manner established for all employees.
Incentive payments can be calculated as a percentage of wages or as a fixed amount.
The employee’s labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications, the specific type of work assigned to the employee) is named in the employment contract. Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Today we will consider the situation of combining work in one institution.
Features of combined work
It is necessary to distinguish between the concepts of “combination” and “substitution”. So, combining means that you simultaneously perform both your job responsibilities and the responsibilities of an absent employee within a standard working day. Substitution provides for the performance only of the duties of the absent employee (hence the wording “acting”). When combined, there is an additional payment to your basic salary. Upon replacement, paid wage absent employee if his salary is higher than yours.
Combining professions (positions) must also be distinguished from performing duties on a part-time basis, when a separate employment contract (internal or external part-time job) is concluded with the employee, and the duties under the contract are performed outside the working day (shift).
Additional work assigned to an employee may be carried out in accordance with Art. 60.2 of the Labor Code of the Russian Federation in the following cases:
- combination of positions (professions): for example, the head of the department can perform the work of the department doctor, and the head nurse of the department can take on the functions of a nurse;
— expansion of service areas or increase in the volume of work performed: the doctor and nurse of the department perform job duties similar to their job function;
- performing the duties of an absent employee along with your own (so-called temporary substitution).
Let's look at these situations.
Combining positions (professions) means performing, in addition to the main work stipulated by the employment contract, additional work in another profession (position) in the same institution and at the same working hours.
Expanding service areas and increasing the volume of work means performing an additional amount of work, but in your profession or position. That is here we're talking about on combining identical professions (positions). Expanding service areas involves assigning additional responsibilities to jobs with clear boundaries. If the volume of work increases, additional responsibilities are assigned without clearly delineating them.
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 other reasons, when, in accordance with current legislation, he is retained workplace(job title). It should be noted that if an employee performs the duties of a temporarily absent employee and is at the same time released from his main job, then there is not a combination, but 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 the performance by an employee of additional work on another staffing unit available in the staffing table.
However, all these types of additional work are permitted subject to the following conditions:
- with the obligatory consent of the employee;
- within normal working hours, that is, not overtime.
Combining professions and positions is permitted, as a rule, within the boundaries of the category of personnel to which the part-time worker belongs: for example, teachers will not be hired 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. Limitations on the number of combined positions labor legislation not installed.
Based on the meaning of Art. 60.2 of the Labor Code of the Russian Federation, the initiator of assigning work to an employee to combine professions (positions) is the employer, 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 employment contract (Article 57 of the Labor Code of the Russian Federation), and changes in the terms of the employment contract determined by the parties are 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 employment contract. It must specify all the conditions for the combination:
— name of the combined profession (position);
— the date from which the alignment is established;
— the validity period of the combination condition, during which the employee will perform additional work;
- amount of surcharge.
In addition, by virtue of clause 9 of the Design Recommendations labor relations with an employee of a state (municipal) institution upon introduction effective contract, approved by Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 N 167n (hereinafter referred to as Recommendation N 167n), in the case of entrusting an employee of an institution with his written consent to perform additional work related to combining professions (positions), expanding service areas, increasing the volume of work or performing duties for a temporarily absent employee without release from work specified in the employment contract, it is recommended that the specific type and volume of assigned work be specified in an additional agreement to the employment contract.
Based on the additional agreement, an order from the manager is issued.
Note that combining professions (positions) can be formalized at the stage of concluding an employment contract. In this case, it is permissible to include the labor function for the combined profession (position) directly in the text of the employment contract for the main profession (position), indicating that the corresponding rights and obligations of the employee relate specifically to the profession (position) he combines.
Note! The time sheet is kept only for the main job, since combination work is additional work assigned to the employee in another profession (position), performed during set duration working day (shift) along with the work specified in the employment contract. Therefore, it is advisable to conduct it separately within each department.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party in writing no later than three working days in advance (Article 60.2 of the Labor Code of the Russian Federation).
Moreover good reason not required.
Salary
According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right to payment of wages in full in accordance with his qualifications, complexity of work, quantity and quality of work performed.
By virtue of Art. 135 of the Labor Code of the Russian Federation, an employee’s salary is established by an employment contract on the basis of the remuneration systems in force for a given employer.
Remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts, containing norms labor law.
Local regulations defining remuneration systems are adopted by the employer taking into account the opinion of the representative body of employees.
The terms of remuneration stipulated by the employment contract cannot be worsened in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations.
The terms of remuneration determined by the collective agreement, agreements, local regulations also cannot be worsened in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms.
Article 40 of the Labor Code of the Russian Federation provides for the conclusion of collective agreements between employers and employees in order to regulate social and labor relations. In accordance with Art. 41 of the Labor Code of the Russian Federation, a collective agreement may include obligations of employees and the employer regarding the form, system and amount of remuneration. Therefore, additional payment for combining professions (positions), including when replacing a temporarily absent employee, when such an obligation is assigned by the employee’s job description, must be established by agreement of the parties in each specific case.
The absence of an agreement between the employee and the employer on determining the amount of additional payment for combining professions (positions) can be qualified as a violation of labor legislation on the part of the employer.
According to Art. 149 of the Labor Code of the Russian Federation, when performing work in conditions deviating from normal ones, in particular when performing work of various qualifications, combining professions (positions), the employee is made appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements , local regulations, employment contract. That is, combining positions refers to working in conditions that deviate from normal ones. Therefore, payment for combination based on the norms of legislation discussed above, as well as on the basis of Part 1 of Art. 129 of the Labor Code of the Russian Federation by its nature is compensation payment(additional payment for work in conditions deviating from normal).
In addition, since the additional payment for combining professions (positions) is part of the salary, it is subject to a regional coefficient and a percentage bonus (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 , paragraph "k" clause 2 of the Regulations on the specifics of the procedure for calculating the average salary, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).
Article 60.2 of the Labor Code of the Russian Federation emphasizes that combination work 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 release from work specified in the employment contract, the employee is paid additionally.
The amount of additional payment, which can be determined either as a percentage of the salary or as a fixed amount, is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. That is, there are no minimum and maximum amounts of additional payment for combining professions (positions). However, the employer must take into account the provisions of Art. 22 of the Labor Code of the Russian Federation, which obliges him to provide equal pay for work of equal value, especially since the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and is not limited to the maximum amount.
For your information. According to paragraphs. "g" clause 11 of Recommendations No. 167n in remuneration systems, employment contracts and additional agreements In addition to employment contracts with employees of institutions, it is recommended to use incentive and compensation payments for work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), expanding service areas, increasing the volume of work performed, overtime work, working at night and when performing work in other conditions deviating from normal).
The monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (job duties), in any case cannot be lower than the minimum wage (Part 3 of Article 133 of the Labor Code of the Russian Federation).
In this case, employees who have worked for less than a full month are accrued an additional payment for overtime work in the established amount in proportion to the time worked.
At the same time, it is necessary to pay attention that the employee’s job responsibilities are specified in the job description, since generally the employer does not specify in the employment contract the type of work assigned, but only indicates the employee’s position in accordance with the staffing table. According to the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by an employment contract, except for cases provided for by labor legislation and other federal laws.
Rostrud in Letter dated November 24, 2008 N 6234-TZ indicated that job descriptions refer to documents that, in addition to the employee’s job function, also contain the following information: the range of his job responsibilities, limits of responsibility and qualification requirements requirements for the position held, the work performed. In chapter " Job responsibilities“The job description regulates the job function in detail, stipulating the employee’s responsibilities, scope of work, areas for which the employee is responsible, etc. If the employee is familiar with the job descriptions against receipt, they are an integral part of the employment contract.
Job descriptions of certain categories of employees may provide that during the absence of another employee with a similar job function, they perform the duties of the absentee. In this situation, additional labor is not paid. Because the job description operates within the framework of the employment contract and is an integral part of it, which means it does not provide for additional payments (letter from the Ministry of Health and Social Development of the Russian Federation dated March 12, 2012 N 22-2-897, Rostrud dated May 24, 2011 N 1412-6-1).
Example
The institution has a five-day, 40-hour work week (8 hours per day) with two days off (Saturday and Sunday). Standard working hours in August current year— 168 hours. The employee combines duties in another position. He completed his normal working hours in full.
A written agreement establishes that for the performance of combined duties, an additional payment in the amount of 50% of the tariff rate (salary) of the latter is accrued.
Situation 1
The employee's salary is 15,000 rubles. For the combined position, the salary is determined in the amount of 12,000 rubles.
The salary in this case will consist of:
— official salary— 15,000 rub.;
— additional payments for combining — 6,000 rubles. (RUB 12,000 x 50%).
The total salary will be equal to 21,000 rubles. ((15,000 + 6,000) rub.).
Situation 2
The employee has an hourly rate of 115 rubles/hour. For a combined position, a tariff rate of 135 rubles/hour has been determined.
The salary of an employee for the main position in this case will be 19,320 rubles. (115 rub./hour x 168 hours). Additional payment for combination - 11,340 rubles. (135 rub./hour x 168 hours x 50%). That is total amount salary will be equal to 30,660 rubles. ((19,320 + 11,340) rub.).
Situation 3
The employee has an hourly rate of 115 rubles/hour. For a combined position - salary in the amount of 22,000 rubles.
The salary at the main place of work will be 19,320 rubles. (115 rub./hour x 168 hours).
Additional payment for combination - 11,000 rubles. (RUB 22,000 x 50%).
The total salary will be 30,320 rubles. ((19,320 + 11,000) rub.).
So, we have examined the main features of part-time work and the procedure for remuneration in this case. If an employer offers additional work (internal part-time work), you need to remember the following:
1. The employer does not have the right to unilaterally oblige an employee to perform additional work, but only with his written consent.
2. Additional work must be performed along with those specified in the employment contract during the established duration of the working day (shift).
3. An employee has the right to refuse to perform additional work ahead of schedule by notifying the employer of his decision no later than three working days. The employer, in turn, also has the right to cancel the corresponding order ahead of schedule by notifying the employee of his decision no later than three working days. In both cases the warning must be in writing.
4. Combined work is paid additionally.
In addition, we note that when determining the need to replace absent employees, management must also evaluate economic feasibility.
If an absent employee retains his salary (for example, on business trips or while performing government duties), then the additional payment for combined work increases the wage fund.
If a sick employee is replaced, then payment for a temporary disability certificate is made at the expense of the Social Insurance Fund, and the employee’s salary or part of it may not increase this fund.
Amounts of additional payments for combining professions and expanding service areas are related to labor costs in the amount determined by agreement of the parties to the employment contract and are included in average earnings in all cases of its calculation.
Additional payments in general procedure are subject to personal income tax and insurance contributions.
Such a phenomenon in the labor market as part-time work allows, on the one hand, to effectively use the employee’s labor potential, and on the other, to increase the overall level of a person’s material security.
The most important feature of the legal status of a part-time employee is that he has entered into at least two employment contracts (with one or more employers). This is the main difference between a part-time job and a combination job.
Part-time work as a legal category occupies a special place in labor legislation; in the organization of such labor relations there are features regarding the conclusion and termination of employment contracts, working hours, the provision of leaves and benefits, work restrictions, as well as guarantees regulated by law.
WHAT IS COLLABORATION?
Dictionary. Part-time job represents the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract (Article 282 of the Labor Code of the Russian Federation).
The peculiarities of labor regulation for persons working part-time are discussed in Chapter. 44 Labor Code of the Russian Federation. Based on Art. 282 of the Labor Code of the Russian Federation, we can conclude that part-time work meets the following requirements:
- performed under the terms of an employment contract;
- carried out during free time from the main job, that is, at the end of the working day (work shift) for the main job, including on weekends, during vacation;
- to be paid by the employer.
In accordance with the norms of labor legislation, when working part-time, it is mandatory to conclude a written employment contract. The contract and the order (instruction) on hiring must indicate that the work is performed part-time.
Types of part-time jobs
Labor legislation provides for two types of part-time work:
1. Internal part-time job can be carried out by the employee at the employer’s place of main work. In this case, in addition to the previously concluded employment contract for the main job, an agreement on part-time work must be concluded.
In practice, this type of part-time job can be beneficial for both the employer and the employee himself. The employer entrusts the work to the most qualified worker, capable of ensuring the fulfillment of the tasks facing the organization, and the employee has the opportunity to increase his level of income and more fully realize his abilities.
2. External part-time job involves the employee performing labor functions in another organization. That is, an external part-time worker is an employee who works for another employer in a certain specialty, profession, position, qualification under a second employment contract in his free time from his main job.
Note that the number of “additional” employers with whom an employee has the right to enter into an employment contract for part-time work is not limited by law.
ADMISSION TO PART-TIME WORK
Who can be a part-time worker?
In general, part-time work does not require special consent from the employer at the main place of work. An employee has the right to independently realize his desire to work part-time.
However, current labor legislation contains some restrictions regarding part-time employment. So, in accordance with Art. 282 and 329 Labor Code of the Russian Federation Part-time work is not allowed for the following categories of persons:
- those under 18 years of age (at all jobs without exception);
- persons engaged in heavy work, work with hazardous and (or) dangerous conditions labor (if their main job involves the same conditions);
- workers whose work is directly related to driving vehicles or traffic control Vehicle- at work directly related to driving vehicles or controlling the movement of vehicles;
- in other cases provided for by federal laws.
Restrictions on working as part-time workers are also established for persons occupying certain positions:
Required documents
Labor Code The Russian Federation establishes a clear list of documents to be presented by the applicant when applying for a part-time job:
- identification document;
- when hiring for hard work or work with harmful and (or) dangerous working conditions - a certificate from the main place of work about the nature and conditions of work;
- when applying for a job that requires special knowledge - a diploma or other document on education or professional training.
This list does not mention the insurance certificate of state pension insurance, but it is also necessary document when concluding an employment contract, since payment of the corresponding contributions to the part-time worker Pension Fund The Russian Federation will require the employer to know the SNILS of the part-time employee.
note! When applying for a part-time job, the employee does not have to present his work book, since she is with the employer at her main place of work. Accordingly, employers do not keep work books for persons working for them on a part-time basis.
At the request of the employee, entries about part-time work can be made in the work book at the place of his main job. Information is entered on the basis of a document confirming part-time work. These may be copies of orders for part-time employment, transfers, dismissal, or relevant certificates.
WORK AND PAYMENT
Work time
The standard working time for persons working part-time is determined by agreement of the parties and is fixed directly in the employment contract. Working hours are also determined by agreement between the employee and the employer and are fixed in an employment contract (can be drawn up in the form of a work schedule).
The daily maximum working time when working part-time cannot exceed 4 hours, the weekly maximum - 20 hours, with a standard working time of 40 hours per week. That is, the duration of work cannot exceed half the normal working time established for the corresponding category of workers.
A full working day (without a limit of four hours of working time) can be established for part-time workers on their days off at the place of their main job (Article 284 of the Labor Code of the Russian Federation), during any vacations and in other cases when the employee at his main place is free from work labor responsibilities. However, at the same time monthly norm the working time of a part-time worker should not exceed half of the norm established for the corresponding category of workers.
In accordance with Part 2 of Art. 284 of the Labor Code of the Russian Federation named restrictions on the duration of working hours for part-time workers may not be observed, If:
- at the main place of work, the employee suspended work due to a delay in paying him wages (Part 2 of Article 142 of the Labor Code of the Russian Federation);
- the employee is suspended from work for health reasons (in accordance with a medical report) with retention of position in cases provided for in Part 1. 2 and 4 tbsp. 73 Labor Code of the Russian Federation.
Data on working time worked part-time is reflected in the working time sheet. When performing work duties on an internal part-time basis, the time worked by the employee is reflected in the time sheet separately for the main position and part-time, while the employee may be assigned two personnel numbers.
Salary
The norms of the Labor Code of the Russian Federation do not establish any specific features of remuneration for part-time workers. In a time-based wage system, wages are determined in proportion to time worked. In the case of piecework wages - depending on output or on the terms specified in the employment contract.
If persons working part-time with time-based wages are given standardized tasks (for example, norms for the area to be cleaned for a cleaner), then wages are paid for the volume actually completed, regardless of how much time was spent on completing the task.
When working part-time, an employee, like the main staff, has the right to various additional payments and allowances established by labor legislation, local regulations of the employer, and a collective agreement.
By the way. Article 133 of the Labor Code of the Russian Federation requires that the monthly salary of an employee who has fully worked the standard working hours should not be lower than the minimum wage. However, since a part-time job is actually a part-time job, the monthly salary may be lower than this level.
The salary of a part-time employee, like any other employee, must be paid at least every half month(Part 6 of Article 136 of the Labor Code of the Russian Federation).
Employers should also remember that part-time workers (both internal and external) are entitled to receive benefits for temporary disability and maternity benefits(provided that they worked part-time for the same employer during the previous two calendar years).
To pay benefits for internal part-time work, the employee submits one certificate of incapacity for work. In case of external part-time work, a separate certificate of incapacity for work is submitted for each place of work (for the place of work on a part-time basis - marked “external part-time work” and indicating the details of the main certificate of incapacity for work).
VACATION WHEN PART-TIME JOBS
In accordance with Art. 286 of the Labor Code of the Russian Federation, annual paid leave for part-time work is provided simultaneously with leave from main work.
The Labor Code of the Russian Federation establishes that if an employee has not worked for part-time work for six months, then leave can be granted to him in advance.
Payment for vacation or payment of compensation for unused vacation to part-time employees is made according to general rules.
To receive leave, a part-time worker can submit a certificate or a certified copy of the order granting leave at the main place of work. However, the employer can grant leave to a part-time worker based on his application.
If at a part-time job the duration of the employee’s annual paid leave is less than at the main place of work, the employer is obliged, upon the employee’s written application, to provide him leave without pay appropriate duration. The duration of such leave is determined as the difference between leave at the main place of work and leave at a part-time job. The employee has the right to take leave without pay for the entire period or for a shorter period.
Note! Part-time workers have the right to receive both annual basic leave and additional holidays provided in the manner prescribed by current legislation and collective agreements (agreements).
BUSINESS TRAVELS OF PART-TIME WORKERS
An employer who has provided an employee with the opportunity to work part-time has the full, legally enshrined right to send the employee on a business trip. Sending a part-time worker on a business trip is possible only during free time from the main job.
By the way. At the legislative level, the issue of what to do with the main place of work for a part-time worker sent on a business trip has not been resolved. He may be able to get unpaid leave for this time, but the main employer is not obliged to provide him with this leave. In addition, if the leave is nevertheless granted, the person loses earnings. Therefore, external part-time work at work associated with business trips is almost impossible. Both parties must understand this: both the employee and the employer.
The opposite situation is just as problematic: when an employee who has a part-time job is sent on a business trip for his main job. Therefore, if the main job involves business travel, external part-time work is not recommended. An option to solve this problem may be the obligation of the employer, stipulated in the employment contract, to provide the employee with unpaid leave for the period of business trips for his main job.
If an employee is sent on a business trip simultaneously for both his main job and a part-time job, then his average earnings are retained by both employers, and reimbursable expenses for the business trip are distributed between the employers sending the employee by agreement between them.
Compensation for a seconded part-time worker travel expenses produced at general conditions, and the daily allowance in any case should be paid in a single amount, and not for each of the positions held.
DISMISSAL FROM PART-TIME JOB
Persons working part-time can be dismissed on any of the grounds provided for by the Labor Code of the Russian Federation. At the same time, all established by law rules for terminating an employment contract.
So, in particular, it is impossible to dismiss a part-time worker at the initiative of the employer during the period of his temporary incapacity for work or while on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation). When dismissal due to a reduction in the number or staff of employees, it is necessary to notify the part-time worker personally, against signature, of the upcoming dismissal at least two months in advance (Article 180 of the Labor Code of the Russian Federation).
However, for part-time workers working on a permanent basis, a special basis for termination of an employment contract has also been established: they can be dismissed in connection with the hiring of an employee for whom this work will be the main one (Article 288 of the Labor Code of the Russian Federation).
In this case, the employer is obliged to warn the part-time worker in writing about the upcoming dismissal. no less than two weeks until the termination of the employment contract. If the employee refuses to familiarize himself with the warning about the upcoming dismissal, a corresponding act must be drawn up about this.
In this case, the length of the main employee’s working hours does not matter: whether he will work full-time or whether he will be assigned part-time work.
When dismissing an employee with whom an external part-time contract has been concluded, no later than the day of dismissal, a final settlement must be made with him and all wages due to him must be paid. If the employee did not work on the day of dismissal, then the corresponding amounts, in accordance with Art. 140 of the Labor Code of the Russian Federation, must be paid to him no later than the next day after the dismissed person submits a request for payment.
In addition to the final payment, on the day of dismissal, the employee must be given copies of work-related documents (dismissal order, income certificate, etc.).
Note! There should be no delay in completing the final payment, since, in accordance with Art. 236 of the Labor Code of the Russian Federation, for the entire period of such delay the employer is obliged to pay interest (monetary compensation) in an amount not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time on amounts not paid on time. This compensation is paid for each day of delay, starting from the next day after the established payment deadline, up to and including the day of actual settlement. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.
To summarize, it should be noted that when applying for part-time employment (either with the main employer or with another organization not related to the main place of work), one should not forget about the regulatory side: the conclusion of an employment contract with a part-time worker, the content of this agreement, on compliance with all conditions prescribed by labor legislation (vacation, benefits, compensation, etc.). Guided by the contents of this article, you will be able to apply your knowledge, avoiding unnecessary questions and disputes with a part-time employee in the future.
Part 2 Art. 13 Federal Law dated December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” (as amended on April 5, 2013).
According to Part 2 of Art. 59 of the Labor Code of the Russian Federation, part-time work is the basis for concluding a fixed-term employment contract (by agreement of the parties).
It is not uncommon nowadays to meet a person who works part-time. This is quite justified by the fact that now it is quite difficult to earn decent money. That is why an employee of an enterprise takes on an additional load, combining several positions at the same time. ? What features does it have and how is it paid for by the employer? Let's try to find answers to these questions.
We register a part-time employee
So, before moving on to remuneration for part-time work, let’s consider the rules for registering this employee for an additional position. Before the employee begins to perform his new duties, the employer must conclude an employment contract with him. To do this, the employee must provide the manager with the required documents. These include a passport (its copy) and a diploma of education (it, of course, must meet the requirements established for a specific position). In addition, as when applying for a main job, the employee writes an application addressed to the employer. After all the documents necessary for registration have been collected and verified, both parties sign an employment contract.
What should an employment contract contain? It must disclose the following information:
- rights and obligations of both the employee and the employer;
- responsibility of both parties;
- the work schedule and rest time are prescribed;
- the validity period of this document and the clause on its termination;
- employee salary information;
- details of the parties and their signatures.
Basically the same as with the main employee. Their shape is almost the same. The only thing that should be indicated in the contract with a part-time worker is those features that are characteristic of this work. In addition, it is worth supplementing the document with information that this work performed by a part-time employee.
What types of part-time workers are there?
Part-time workers are divided into two types: external and internal. Everything is extremely simple and clear. External is individuals who work in one company and take a part-time job in another. And internal part-time workers are employees of one enterprise. In it they conduct both their main work and part-time work. It is worth noting that the positions held by an employee can be completely different.
Part-time or combination?
For many, the concepts of “part-time” and “combination” seem absolutely the same. Although in fact, they are very different from each other. What are these differences?
- decor. If a part-time worker is hired solely on the basis of an employment contract, then, as a rule, it is not concluded with an employee working part-time;
- a part-time worker performs his duties in his free time from his main job. An employee combining positions performs all additional duties assigned to him during the main work;
- part-time cooperation is long-term cooperation, and combination is, most often, temporary.
Part-time work: features of remuneration
How is a part-time employee paid? The main indicator here is the work schedule according to which the employee works. In fact, there is no need to classify part-time workers as a separate category of workers. They are absolutely no different from the main employees, except for their work schedule. As a rule, it involves part-time work or a week.
So how do they pay a part-time worker? Basically, the calculation of remuneration for part-time work is carried out taking into account allowances, bonuses, standard additional payments and coefficients.
Salary of a part-time employee
All requirements regarding the calculation of wages for part-time workers are specified in Article 285 of the Labor Code Russian Federation. As mentioned above, wages are paid according to the part-time worker’s work schedule. That is, it all depends on how many hours they worked during a certain period of time. Of course, even if you include all additional payments for part-time work and allowances in the part-time worker’s salary, it will be somewhat lower than that of the main employee.
In fact, there are no legal restrictions here. The main thing to remember when taking on additional work is to perform the main responsibilities in full. Civil servants, for example, can work part-time for no more than four hours a day.
It should be noted that not all employers pay part-time workers according to their work schedule. In some enterprises, part-time employees are paid a salary that is equal to the salary of the main employee. It all depends on the employer himself. Although, in fact, this is not correct. After all, a part-time worker works approximately half as much as the main employee. However, the Labor Code of the Russian Federation does not limit the manager from calculating part-time salaries. That is why he can be guided not by the number of hours worked by the part-time worker, but by some other conditions. These include: volume goods sold, the number of goods collected by the enterprise, the total amount of company services sold by the part-time worker.
If the head of the enterprise is based on these indicators, then a part-time employee who has a sufficiently high qualification and is actively working can receive wages even significantly higher than the main employee receives.
But the employer should remember that the main employees of the enterprise may be dissatisfied with this state of affairs. In addition, in addition to the usual indignations, they can file a complaint with Labor inspection. But if the conditions and nature of payment are specified in the employment contract of the part-time employee and correspond to reality, then no violations will be detected. In this case, the employer acts in accordance with the law.
Advance for part-time employees
Are employees who work part-time paid in advance? Absolutely yes. Of course, if all other essential workers also receive it. After all, as noted earlier, a part-time employee is practically no different from the main employee. Advances to part-time workers are supposed to be paid at the same time as to all other employees at the enterprise. The amount of the advance must be specified in the employment contract. Typically it is forty percent of the employee's salary. But not all enterprises adhere to the recommended standards. Of course, the amount of the advance must be immediately discussed when drawing up and concluding an employment contract.
Part-time work and income tax
Despite the fact that a part-time employee, as a rule, receives a salary lower than the main employees, the amount of income tax remains equal for everyone. That is, 13% of the salary will be withheld from both the part-time employee and the main employee. As for contributions to the pension and insurance fund, it is also equal for all employees.
Registration of labor relations with an employee who performs other work in his free time - part-time - involves nuances, described in articles 282-288 (Chapter 44) of the Labor Code of the Russian Federation.
One of the main rules that must be observed for work to be completed is the amount of working time - it (Article 284).
The exception is those days on which the employee at his main job is completely free (weekends, vacation periods) - in this case he. But for accounting period The duration of part-time work cannot exceed half the standard working hours provided for this category of workers. For example, if an employee working a full shift has 160 working hours per month, then for a part-time worker this number should not exceed 80 hours.
When calculating the remuneration of a part-time worker, you should also take into account some features.
According to Article 285, part-time workers are paid in proportion to the time worked, depending on output (volume of work performed) or on other conditions as defined in.
Both the working hours and the standard hours are also determined in the employment contract.
Hours worked are recorded in. If this is (within the same organization), then the time is counted separately from the time for the main job, and sometimes the part-time worker is assigned a separate personnel number. Payments to internal part-time workers are also calculated separately for two or more positions.
If, with an eight-hour working day, an employee’s salary is 20 thousand rubles, a part-time worker in the same position with the same responsibilities with a standard of four hours will have a salary of 10 thousand.
Another option is when the employer sets a certain standard for the amount of work performed, regardless of how much time the part-time worker will need to complete it.
For example, an employee needs to deliver 10 parcels to addresses, and for this he will receive payment in the amount of 2,000 rubles. He can do it in two hours, or maybe in four, the amount will remain fixed.
By law, an employer must provide employees with equal pay for work of equal value (Article 22 of the Labor Code of the Russian Federation).
Wages are paid, like main employees, twice a month.
Vacation payments
As in the main place, a part-time worker is granted leave for at least 28 days (also calendar days). If vacation at the main job is provided for more than 28 days, then the other one is required to give unpaid days off.
Vacation pay is calculated based on the amount for the working year preceding the vacation. In this case, only payments for part-time work are taken into account.
Some compensations are paid only in the main place: this is payment for study leaves and compensation for people working in the RKS and similar areas.
Part-time workers will not be paid, but may be provided with unpaid leave (at their own expense).
Business trips
Travel allowance payments to part-time workers are paid on general terms.
The average earnings of an internal part-time worker are maintained for both positions (main and part-time). Daily allowances can only be paid for one of the positions.
If an external part-time worker is sent, travel allowances are paid by the employer who sends him there. Average earnings are also maintained only in this organization. At another job, the employee must be given unpaid leave upon his application, for which they may require a certificate of the upcoming business trip.
If both employers send an employee on a business trip at the same time, then by agreement they share the costs, and the average salary must be maintained in both places.
Sick leave and maternity leave
According to Article 287 of the Labor Code, a part-time worker can count on all the same compensation as the main employee.
If a part-time worker has worked for each employer for more than two years, he can count on: 
- payment sick leave and (at each place of work);
- payment (at one place of work at the discretion of the part-time worker).
The amount of these payments is calculated based on average earnings, while for payments to each place of work, the average earnings only at that place are taken into account.
Average earnings for calculations must be at least . If it is below this amount, an amount equal to the minimum wage is taken.
