When providing an internal part-time employee with annual paid leave, the employer should issue two leave orders (for each employment contract separately).

By virtue of the provisions of Art. 60.1, 282 of the Labor Code of the Russian Federation, internal part-time work is work under an employment contract in free time from the main job for one employer.

Article 114 of the Labor Code of the Russian Federation provides that employees are granted annual leave while maintaining their place of work (position) and average earnings.

According to Part 1 of Art. 286 of the Labor Code of the Russian Federation, persons working part-time are granted annual paid leave simultaneously with leave for their main job. If an employee has not worked for six months at a part-time job, then leave is granted in advance. As follows from this norm, granting leave to a part-time worker simultaneously with leave for the main job is mandatory and does not depend on the will of the parties.

In other words, leave for a part-time worker must in any case be granted simultaneously with leave at the main place of work; Providing a part-time employee with annual paid leave during other periods is not allowed even at his request (see letter of Rostrud dated 05/08/2009 No. 1248-6-1, ruling of the Moscow City Court dated 01/14/2011 in case No. 33-519).

Providing leave at a part-time job is carried out in the same manner as granting leave at the main place of work. So, in accordance with Part 3 of Art. 123 of the Labor Code of the Russian Federation, the employee must be notified by signature about the start time of annual leave no later than two weeks before its start. However, the law does not oblige the employee to submit an application for the use of such leave.

Please note that labor legislation does not establish a form for notification of the start time of vacation. Accordingly, the employer determines the forms and methods of fulfilling this requirement independently (decision of the Odintsovo City Court of the Moscow Region dated 02/06/2017 in case No. 2-683/2017). In practice, as a rule, the employer issues an appropriate order. If, in accordance with the employer’s office rules, the order is usually issued later, the employee should be warned about the start time of the vacation using another document (a special journal, a separate notice, etc.).

The order to grant leave is the basis for calculating average earnings. In accordance with Part 9 of Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before its start. Therefore, in any case, the order must be issued no later than three days before the vacation. Based on the order for the provision of leave, marks are made in the personal card, personal account, and the average earnings due for the leave are calculated.

And since part-time work is carried out on the basis of a separate employment contract, leave at the main place of work and part-time work is calculated and provided for each position separately. Accordingly, when providing an employee with such leave, the employer should issue two leave orders (for each employment contract separately).

A part-time worker is attracted to a position that does not require full-time work. In case of combination, which is often found among teachers at universities, the employee performs duties during his main job. There is also another form - part-time work. It differs in that duties are performed in free time. In this case, the calculation is carried out under a separate employment contract.

When combining positions, the employee is assigned additional responsibilities without leaving his permanent place of work. Unlike part-time work, it is only internal. Here the employee performs new duties during the main activity. This is important to take into account when choosing the type of activity.

Important! For example, when combined, the duties of an accountant and a cashier or a driver, a lawyer and a personnel officer are performed simultaneously.

Combining positions can be considered the assignment of a new job function or an increase in volumes. It cannot be external (only internal) and is not formalized in a separate employment contract, but is fixed as an appendix to an already signed document. Such an agreement includes the following points:

• name of the new position;
• description of additional responsibilities;
• deadline for performing duties;
• amount of remuneration.

As for the amount of payments for part-time work, it is determined by mutual agreement. The calculation is not regulated by law.

Accrual of vacation pay when combined

When combined, additional duties are performed at the same time as the main ones. Leave is granted under the following conditions:

1. The duration is the same as for the main position.
2. Payment - calculation of average earnings is carried out taking into account additional payments for combination work.

How is part-time work different?

With a part-time job, as opposed to a part-time job, the employee performs additional duties in his free time. The Labor Code limits the duration overtime- no more than four hours a day.

There are two types of part-time work:

• external - if different employers;
• internal - if there is only one employer.

A separate employment contract is drawn up with the part-time worker. The text indicates that this work is not the main one. It is concluded both for a specific period and indefinitely.

Make an entry in work book optional, this can be done at the request of the employee. If an external part-time job is registered, the employee presents a certificate, a copy of the order or contract to the place of his main job to mark it.

Important! When an organization opens a personal file for each employee, papers for both positions are filed there.

Part-time workers have the same rights as the main employees of the enterprise. Calculation and payment of labor are carried out in accordance with the terms of the employment contract. When attracting part-time workers in regions where regional coefficients are provided, they are reflected in the amount of payments.

Payment may be charged:

• for working hours;
• for completed tasks;
• on other terms.

Procedure for applying for part-time leave

A part-time employee goes on vacation for both positions at once; rest days are issued for each of them separately. For calculations, the T-6a form is used, which is designed for several employees at once. Although one employee goes on vacation, registration is carried out as for two people.

The amount of vacation pay is calculated separately for each position, and subsequently the results obtained are added up. Part-time work does not affect the duration of rest. If, due to complexity or other circumstances at the main job, the vacation turns out to be longer, the employee is given several days without accrual. Then the duration of rest will not differ.

Important! A part-time worker can plan a vacation even before he has worked for 6 months. Then the leave is granted to him in advance.

For example, we can take the case when at the main job, as an incentive for a 28-day vacation, an employee is given an additional 7 days of rest. Then he writes a statement for a total of 35 days. Regarding the position where he works as a part-time worker, he will be granted leave of the same duration. However, out of 35 days, 28 are registered as regular vacation, and 7 as unpaid.

Calculation algorithm

Payment to a part-time worker is calculated in the same way as to main employees. Vacation pay is issued no later than three days before the start of the vacation.

1. Determine the total earnings for the billing period. In addition to wages, this includes all allowances, bonuses, and coefficients. Payments for sick leave, business trips, material aid, compensation transfers and benefits not subject to insurance contributions.
2. Indicate the scope of the billing period. In most cases it lasts 12 months.
3. Calculate average daily earnings. If all months are fully worked, total amount, received for the billing period, is divided by 12 and by a coefficient of 29.3. It reflects the average number of days in a month.

​

In practice, there are more often cases when the billing period has not been fully worked out. Here, days worked are calculated using different formulas. First, their number is multiplied by a factor of 29.3, the resulting product is divided by the number of calendar days in this month. In this way, the calculated days are calculated in each month that is not fully worked. The number of full months is multiplied by 29.3. All these values ​​are added and the total number of days in billing period.

1. To calculate vacation pay, the number of rest days (usually 28) is multiplied by the average daily wage.

An example of calculating vacation pay for a part-time worker

As an example, we can consider how vacation pay is calculated for an employee who simultaneously performs the duties of a manager and storekeeper. An agreement was concluded on internal part-time job part-time, the employee performs additional duties for 10 months. As a manager, he receives 28,000 rubles; the salary of a storekeeper is 17,000 rubles. There were no other charges other than wages. An employee writes an application for a 28-day vacation.

1. At the first stage, vacation pay is accrued for the main position. In the example given, the billing period lasted 12 months, but one of them was not fully worked out. The employee took a vacation for 28 days, and that month he was credited with 1,200 rubles. Based on these data, you can calculate the total earnings for the billing period: 28,000 * 11 + 1200 = 309,200 rubles.
2. Now the number of days in the billing period is determined. 11 months have been worked out in full, and for the one remaining calculation they use the formula: 29.3 * 3 / 31 = 2.84. The total number of days is found by addition: 11 * 29.3 + 2.84 = 325.14.
3. Average daily earnings are calculated: 309,200 / 325.14 = 950.97.
4. The amount of vacation pay for the main position is determined according to the formula: 950.97 * 28 = 26,627.16.
5. Now the amount of vacation pay for a part-time position is calculated. Here the period has been worked out in its entirety, the total earnings are 17,000 * 0.5 * 10 = 85,000.
6. Accruals for an additional place of work will be: 85,000 / 10 / 29.3 = 290.10; 290.10 * 28 = 8,122.8.
7. Total amount of vacation pay: 26,627.16 + 8,122.8 = 34,749.96.

Calculation of vacation pay for a part-time worker is carried out according to the same algorithm as for main employees. Leave is also granted for 28 days. For calculations, the number of days is multiplied by the average daily wages.

​

Post Views: 12,837

What is the duration of vacation for internal part-time work?

An employee goes on vacation, combining full time and 0.3.What will be the duration of the vacation.

Question: When working part-time, an employee goes on vacation. For example, a full-time employee goes on vacation for 28 calendar days, additional leave for 8 calendar days, additional leave for harmful working conditions - 7 calendar days. (43 days) With an internal part-time job, an employee holding a 0.3 rate of pay goes on vacation for how many days?

Answer: Provide the employee with 43 calendar days of vacation. Internal part-time work - performing, in free time from the main job, another regular paid job for the same employer under a separate employment contract (Article 282 of the Labor Code of the Russian Federation).

Part-time workers are entitled to full labor guarantees, just like other employees (Part 2 of Article 287 of the Labor Code of the Russian Federation). Consequently, a part-time employee has the same rights as the main employee, in particular, the right to additional leave, if such is provided for the position held.

What the employee works for part-time, on duration additional leave not reflected, i.e. he is entitled to full leave.
Current legislation does not link the procedure for granting additional leave for harmful working conditions with the length of the employee’s working day (shift). It is only determined that such leave is established based on the results special assessment and its duration should not be less than seven calendar days (Article 117 of the Labor Code of the Russian Federation).

Yes, according to labor legislation for additional leave for hazardous working conditions, only the time actually worked in the relevant conditions is taken into account (Part 3 of Article 121 of the Labor Code of the Russian Federation). At the same time, the norms limit the duration of work during harmful conditions labor, which should be included in the length of service for vacation, is not established by law. Therefore, if an employee works in hazardous conditions at a rate of less than 0.5, for example at 0.3 of the rate, then the employer is obliged to count this time into the length of service, which gives the right to additional leave.

Rationale

How to apply for a part-time job

When working part-time, the employee, in his free time from his main job, performs other work under a separate employment contract (Part 1 of Article 282 of the Labor Code of the Russian Federation). Part-time work can be done both at the place of your main job (internal part-time job) and in other organizations (external part-time job) (Part 3 of Article 282 of the Labor Code of the Russian Federation).

The law does not limit the number of part-time jobs. That is, an employee is allowed to enter into part-time employment contracts with any number of organizations. This is stated in Part 2 of Article 282 Labor Code RF.

Labor rights and guarantees of part-time workers

Part-time workers are entitled to full labor guarantees, just like other employees (Part 2 of Article 287 of the Labor Code of the Russian Federation).

In particular, a part-time worker has the right to a lunch break (Articles 108, 287 of the Labor Code of the Russian Federation). If a part-time worker works part-time, he is still entitled to a lunch break. In this case, the employer may prescribe in employment contract the minimum duration of a lunch break is 30 minutes during a working day or shift (Part 3 of Article 93, Article 108, Part 2 of Article 287 of the Labor Code of the Russian Federation).

Like all employees, part-time workers are entitled to sick leave benefits. Payment procedure sick leave benefit will be different depending on whether the employee is an external or internal part-time worker, as well as for which employers he worked. For more information about this, see Who should pay sick leave benefits.

Also, a part-time worker is entitled to annual paid leave on a general basis (Article 286 of the Labor Code of the Russian Federation). The duration of vacation is standard - 28 calendar days (Part 2 of Article 287, Article 284 of the Labor Code of the Russian Federation).

When should an employee be given annual paid leave?

Part-time employees must be granted annual leave simultaneously with leave at their main place of work. Moreover, if an employee has been working part-time for the first year, he does not have to wait the required six months to receive leave. The organization is obliged to provide such an employee with leave in advance.

The part-time worker may be required to provide documents confirming the fact of leave for his main job. Such confirmation could be, for example, a copy of the order granting leave.

Duration annual leave by main place of work and part-time job may not be the same. If the leave from a part-time job is shorter, the employee can compensate for the missing part of the days by taking leave from a part-time job at his own expense.

This procedure for granting leave to part-time employees is provided for in Article 286 of the Labor Code of the Russian Federation.

Additional leave

Provide the employee with additional leave along with the main one (clause 14 of the Rules approved by the People's Commissar of the USSR on April 30, 1930 No. 169, Article 423 of the Labor Code of the Russian Federation). When calculating the total duration of annual leave, the main and additional leaves are summed up (Part 2 of Article 120 of the Labor Code of the Russian Federation).

In the length of service that gives you the right to additional leave for working in hazardous conditions, include only the time actually worked in such conditions (Part 3 of Article 121 of the Labor Code of the Russian Federation).

How long is the annual paid leave?

Question: Is it necessary to provide additional leave for working in hazardous working conditions to an employee who works part-time at a rate of less than 0.5. For example, at 0.25 bets

Answer: Yes need. Current legislation does not link the procedure for granting additional leave for harmful working conditions with the length of the employee’s working day (shift). It is only determined that such leave is established based on the results of a special assessment and its duration should not be less than seven calendar days. This is stated in Article 117 of the Labor Code of the Russian Federation.

At the same time, previously there was a rule according to which additional leave for work in dangerous (harmful) working conditions was provided only to those employees who worked in such conditions for at least half of the working day. This followed from paragraph 12 of the Instruction, approved by the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 No. 273/P-20. However, the Supreme Court of the Russian Federation, in its decision of January 26, 2017 No. AKPI16-1035, invalidated the effect of paragraph 12 of the Instruction, approved by the resolution of the State Committee for Labor of the USSR, the All-Russian Central Council of Trade Unions of November 21, 1975 No. 273/P-20, since it contradicts the Labor Code of the Russian Federation. Thus, according to labor legislation, for additional leave for harmful working conditions, only the time actually worked in the relevant conditions is taken into account (Article 121 of the Labor Code of the Russian Federation). At the same time, the legislation does not establish norms to limit the duration of work in hazardous working conditions, which should be included in the length of service for vacation. Therefore, if an employee works in hazardous conditions at a rate of less than 0.5, for example at 0.25 of the rate, then the employer is obliged to count this time into the length of service, which gives the right to additional leave.

The legislation of our state provides for the right of every employee to internal part-time work - this is work in the same organization while employed full-time. A separate contract is concluded with such employees: the first is for full-time work, and the second is for part-time work, and for each of these contracts the possibility of vacation is provided.

Agreement for internal part-time workers, what you need to know about it

To avoid troubles in this process, you must strictly follow all the rules and regulations.

First of all, it is necessary to refer to the provisions of the special law on vacations, article 197 of which talks about the right to vacation for part-time workers. Documents are drawn up simultaneously with the main ones if the employee has worked for more than six months, and if this figure is less given period, then time for vacation at an additional workplace must be provided in advance. If such a provided period turns out to be several times less than the vacation period, then the manager will be obliged to extend the vacation period. However, all added days are not subject to payment.

What are the vacation periods?

The first type of vacation includes standard company-guaranteed vacation, for which the citizen is provided with full and guaranteed payment. Internal part-time workers with some teams are also entitled to it. The thing is that this is done for those people who work part-time. These include part-time workers who have the right to payment for this particular period of work. The working day of such persons, according to current legislation, should not exceed 4 hours. This is understandable, because the rest of the time, all 8 hours, each employee must work in the position he holds full-time. But part-time work can only be done in free time, as well as on weekends or during vacations.

Based on this, many employees believe that if work takes place on a reduced schedule, then vacation here must also be incomplete.

However, such an opinion does not comply with the requirements of the law. If the employer refuses to provide the employee with full leave, citing the above, then his demands will be unauthorized and can be appealed in court.

It is necessary to take into account the periodic provision of vacation periods at an additional workplace. If an employee has not yet received the leave required by law for several years, then the inspection body will regard this as a violation of labor legislation and will hold the manager accountable. But the minimum duration of vacation for employees is 28 days. This applies to both those who work full-time and part-time workers.

When leave is issued for part-time workers, this period must coincide with the period of paid leave provided to the employee at the main place of work. In other words, if you go on vacation in July as the main employee, then the part-time employee’s vacation will be issued in the same month.

Additional paid leave

This option is allowed in such cases as provided for by the current labor code. Absolutely all part-time workers cannot count on this type of leave, since it is provided only to certain categories of workers. It may be provided for by certain local acts or labor legislation.

1. Such leave can be assigned to those employees who perform special tasks or have positively distinguished themselves in the work of the population (that is, instead of a bonus, for example).
2. This may be the case when an employee performed duties on an irregular schedule, went out on holidays or non-working days to perform his duties, but the employer has no legal grounds for incentives. That is, the collective agreement, for example, does not provide for the payment of bonuses, but there is an opportunity to provide additional leave.
3. This opportunity can be provided to all categories of workers whose work is quite harmful and harms the employee’s health. This leave can be used by an employee for health improvement and is most often found among workers in chemical hot shops, the mining industry, and employees of medical institutions.
4. Leave is allowed as additional days for mothers who care for children.

Maternity leave rules for part-time workers

If a young woman works part-time, then she is also interested in the issue of maternity payments, because sooner or later she may become pregnant and give birth to a child, and providing for her child is enough important question. In this case, young girls need to know that they have a guaranteed right to maternity benefits only if they have a total work experience of 2 years in this type of workplace. As for the state benefit for child care, it can be applied for only at one workplace. The employee must decide whether she will receive benefits as an employee at her main place of work or as a part-time worker.

Study leave

According to labor legislation, every full-time worker has the right, based on Article 287 of the Labor Code, to take leave for training. As for the part-time worker, it will be necessary to negotiate with the employer: combine such leave with the schedule of other employees or take such leave without subsequent payment.

Practice shows that employers are in no hurry to pay for vacation periods for the training of part-time workers. This is an additional place of work and additional costs for the employer. However, an employee may request that the employer establish a reduced work schedule for him. In this case, the part-time student will be able to easily combine work and study, especially if he is an evening student.

Rules for applying for administrative leave

There are times when a person unexpectedly needs a vacation outside of this period. This kind of leave is usually called leave at your own expense. It is provided by some local acts and is called administrative. Officially, such a name does not exist, but sometimes an organization provides employees with the opportunity to take this leave based on certain documents. This right is regulated by Article 128 of the current Labor Code.

To receive such leave, the employee submits, on his own initiative, a specific application to the head of the enterprise or organization, in which he expresses his request for such an unpaid rest period. But it is worth noting that this statement can be satisfied by the employer, although it is not his responsibility.

I would like to remind you that there are cases when the employer does not have the right to refuse such an application. This includes cases of application by preferential categories of employees:

1. Participants Patriotic War who have the right to 35 days of rest without pay;
2. For working pensioners who continue to work, they are entitled to fourteen days without pay.
3. Families of former military personnel who died during the performance of their duties or after an illness contracted in service also have the right to two weeks of rest without pay.
4. Working disabled people have the right to two months of vacation without pay during the year.
5. Employees who have unexpected family circumstances, such as the death of a relative, the birth of a child, or a wedding. They can take advantage of guaranteed free vacation days.
6. In addition, when passing the state exam, employees have the right to one free month in accordance with Article 125.

All other cases do not impose obligations on the employer to satisfy such a request.

Holiday pay rules

If employees are engaged in part-time work, vacation pay this species work is carried out in the same way as if they held a full-time position. The budget of an enterprise or organization is structured in such a way that it includes the necessary costs to repay such payments. However, if the employee took vacation at his own expense, then, naturally, this period is not subject to payment, and if the part-time employee’s vacation period is less than the main one, then the administration is obliged to pay for the vacation days not used by the employee. And for this you need the consent of the employer. If it is not there, the employee will receive Extra time for rest instead of compensation.

How to arrange a vacation for a part-time worker?

It is worth noting that in the case of part-time work, the process of applying for leave has its own characteristics and the following aspects must be taken into account:

The employer has no obligation to extend the employee’s vacation if his main place of work has a shorter period of vacation time than in a part-time position;

To avoid labor disputes the employer must draw up a vacation schedule in advance, which is approved by a special order based on Article 123 of the Labor Code. This will allow you to see the overall picture of vacations and correctly distribute responsibilities between employees during the working year. At the same time, each employee will be able to rest and return to work without losing the right to rest.

In terms of documents, the format is as follows:

1. The HR officer keeps records of upcoming annual vacations for each employee. Therefore, anyone can check with him about the approximate time of a possible vacation. If such a time comes, then two weeks before the upcoming vacation, the employee must notify his employer about this with a certain statement, which can be drawn up in simple written form. The document must indicate the date of going on vacation, the number of days of vacation and the date when you need to begin duties upon its completion. This is followed by the date and signature of the employee. The notification is submitted for review 2 weeks before the start of such period.
2. After considering such a notice, the employer can decide to take the employee on leave and issues a corresponding order. The text of such an order is being prepared HR specialists. The order is then signed by the manager. The signature of the employee must also be here.
3. Typically, an organization or enterprise has a standard form that must be filled out. Or the employee writes a free-form application on an A4 sheet. For additional vacation periods and rest at your own expense, you must indicate legal basis, and if necessary, attach supporting documents. The annual (main) vacation period is provided on the basis of the approved schedule.
4. To the contents of the standard form, it is necessary to add a request for a vacation period simultaneously with the vacation issued at the main workplace.
5. The mandatory order must contain a header indicating the name of the organization, its data, and address; A little lower is the name of the document itself - “order,” followed by its number and the date when it was issued.

After this, an order should be recorded in the manager’s order to grant a vacation period to a specific employee, indicating his position, as well as his last name, first name, and patronymic. The personnel service is obliged to take care to indicate the specific date, the name of the employee of the unit, his place of work, as well as the period for which he receives this leave.

In addition, it is important to observe a three-day period for the employee to familiarize himself with the text of this order, as evidenced by his signature on it.

Part-time work is working in a position other than the main one. Similar work must be regular.

A part-time worker can work before or after working hours, or on a day off from their main job (the latter option is usually used when).

It can be permanent or temporary if it is necessary to temporarily replace an employee (for example, or on a long business trip).

If an employee works in another position in the same organization, this is called internal part-time work. Performing work duties for another employer is an external part-time job.

Employer's liability

Failure to provide annual paid leave when working part-time is an administrative offense.

The punishment for it is provided for in Article 5.27 of the Administrative Code.

The official will be given a warning or a fine in the amount of one to five thousand rubles.

The organization may be fined from 30,000 to 50,000 rubles.

Moreover, the case with each employee can be considered as a separate offense. In this case, the total amount of the fine will depend on how many such cases are discovered by the labor inspectorate.

Conclusion

So, let’s summarize the results regarding vacation at the main place of work and part-time work:

1. A part-time employee is an employee who is already working in a job other than the one for which he is hired.
2. He can work no more than half the working time of the main employee.
3. All guarantees, including vacation, are provided to the part-time worker in full.
4. During leave in the main position, it must also be provided at the part-time workplace.
5. Part-time employee's leave is paid according to general rules , based on average earnings.
6. Failure to provide is an administrative offense punishable by a fine.

home » Useful » Providing leave for internal part-time work. Vacation for internal part-time work in one organization. Part-time leave and the basis for its provision