Each employee periodically has the right to take annual paid leave, as well as other leaves provided for by law. But not everyone knows whether a person who works part-time is entitled to leave.
Indeed, in this case, many nuances arise during employment, documentation and dismissal. Let's figure out what rights this category of workers has.
Almost every citizen (with the exception of some exceptions) has the right, in addition to his main place of work, to fulfill obligations by holding another position in the same enterprise or in another.
This is a good way to earn money more money, after all work time will be big. But what about rest?
What types of leave are entitled to such employees, how to arrange them correctly, and do part-time workers always have the right to count on receiving benefits?
General information
Part-time workers have the same rights as the main employees of the enterprise, but there are some nuances that must be taken into account.
For example, you need to know what working time standards are established for part-time workers. After all, employers cannot allow violations of labor laws.
Let's also find out what the main regulations regulate the issue of granting vacations to this category of company employees.
What it is?
A company employee can become a part-time worker without leaving their main place of work. An employee can be an internal or external part-time worker.
In the first case, a person works in two positions at one enterprise, in the second - in different companies.
Leave rights are granted in accordance with. The duration of a part-time worker’s vacation cannot be less than 28 days, as stated in.
The procedure for granting part-time leave according to the Labor Code of the Russian Federation
Every citizen can take a vacation if he is.
Only in each specific case slightly different rules will be used in accordance with which leave is granted.
A part-time employee has the same obligations and rights as persons from the main staff of the company. The provision of vacations is guaranteed at the drafting stage.
The document must contain the rules according to which time for rest will be provided. If a person has worked for less than 6 months, he has the right to receive vacation in advance.
At the same time, it remains behind him. The type of part-time job will not affect the procedure for granting leaves to employees.
The part-time worker has the right to take:
- regular annual paid leave;
- additional;
- maternity leave
Additional leave is granted if:
- the person has irregular working hours;
- the employer wants to reward the employee;
- the employee works in dangerous or harmful conditions;
- the person has a lot of experience.
To receive maternity leave, a part-time worker must take leave from his main job. Payment is made at each workplace. Required condition– the employee must have worked for more than 2 years.
The part-time employer must provide a certificate of incapacity for work. At the clinic it is worth taking samples of certificates in the quantity that will correspond to the number of employers.
But receiving child care benefits is possible only at one job (a person has the right to independently choose where to receive such funds).
The amount of maternity transfers for all places of work cannot exceed the maximum established amount.
And the duration of such leave in a part-time workplace should last the same as in the main job.
If in another organization
If a person is going to take leave from a part-time job, the main
the employer may be provided with extracts from orders or certificates drawn up
arbitrarily.
Video: employer and employee. Part-time work
The employee independently notifies the manager about the vacation period at his second job. To do this, an application is provided, a sample of which can be found on the Internet.
At one enterprise
If an employee fulfills work obligations in two positions at one company, then payment is made by one employer. The internal part-time worker receives separate personnel numbers.
In all accounting documentation (in the report card, in), he is entered 2 times - as the main employee and part-time employee.
Vacation must be issued for each position separately, as if 2 were going on vacation different people. Payouts are also calculated twice and then summed up.
FAQ
Let’s take a closer look at what leave rules apply in specific cases.
For example, what should people do during maternity leave - are they entitled to receive benefits from each employer, or is the payment made only for one of the jobs? We will answer the most asked questions.
Taking maternity leave (for pregnancy and childbirth)
When leaving for maternity leave a woman has the right to receive sick leave transfers from each employer according to the general rules.
This transfer is carried out at the expense of employers every month until the child turns 3 years old. Such expenses are classified as labor costs.
There is no indication in the legislative document whether you can receive such at your main place or at a part-time job.
Payment of compensation for unused vacation
If a person does not have time to use his vacation, he has the right to receive compensation. The amount of payment is determined taking into account the number of vacation days that the citizen used ().
If an employee is transferred without a dismissal procedure, then no compensation is due. The employee submits an application for the use of vacations that he did not take off, and then resigns.
In this case, the duration of the vacation will exceed the validity period, but the day of dismissal, again, will be considered the last day of vacation.
New edition of Art. 286 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.
If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.
Commentary on Article 286 of the Labor Code of the Russian Federation
Article 286 of the Labor Code is aimed at providing the employee with the opportunity to use annual paid leave in kind at a part-time job simultaneously with leave at the main job.
The law provides for the possibility of granting leave in advance - before the expiration of six months of work. Payment for vacation or payment of compensation for unused vacation to part-time employees should be carried out according to general rules. To apply for leave, the part-time worker provides a copy of the order granting leave at the main place of work.
In cases where, in 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 to provide, upon the written request of the employee, leave without pay of the appropriate duration, which is determined as the difference between the leave at the main place of work and leave from a part-time job. For example, a teacher works part-time as a programmer. At his main place of work, he is entitled to leave of 56 calendar days, part-time - 28 calendar days. An employer in a part-time job must provide the part-time worker with two vacations: the main one - 28 paid calendar days and an additional one - of the same duration without pay.
Another comment on Art. 286 Labor Code of the Russian Federation
1. Annual paid leave for part-time work is granted simultaneously with leave for the main job. The legislation provides for the possibility of granting leave in advance - before the expiration of 6 months of work. Payment for vacation or payment of compensation for unused vacation is made to part-time workers according to general rules. To apply for leave, a part-time worker must be provided with a copy of the order granting leave at the main place of work.
2. If in 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 to provide, upon the employee’s written request, leave without pay of the appropriate duration, which is defined as the difference between leave at the main place of work and leave at the place of work at the same time.
Current legislation does not require how general rule, any formal permission from employers for the main job.
In accordance with Article 286 of the Labor Code of the Russian Federation, part-time workers, both external and internal, are entitled to leave for both their main job and part-time work.
The duration of the annual basic paid leave for part-time workers cannot be less than 28 calendar days, i.e. less than the minimum duration established by Art. 115 Labor Code of the Russian Federation. If a part-time employee holds a position for which the law provides for extended annual paid leave, then on the basis of Art. 115 of the Labor Code of the Russian Federation, he should be granted such an extended leave.
Also for part-time workers employed in jobs with harmful and (or) dangerous working conditions, having a special nature of work, working in areas Far North and equivalent areas are granted the right to annual additional paid leave.
Current legislation does not, as a general rule, require any formal permission from employers for their main work. Exceptions to these rights are established by federal law. For example, it is not allowed for persons under the age of 18 to work in hard and hazardous jobs or in jobs with intense labor conditions. Permission for part-time work in these cases must be obtained from the employer, and it must be agreed with the trade union body. Also, employees whose work is directly related to driving vehicles or controlling the movement of vehicles are not allowed to work part-time, directly related to driving vehicles or controlling the movement of vehicles.
Leave from a part-time job is granted simultaneously with leave from your main job. So both holidays internal part-time worker, as a rule, fit into the same calendar period, but the calculation of vacation pay is made taking into account payments for both the main job and part-time work.
As for the external part-time worker, the main employer provides him with leave according to the general rules in accordance with the priority established by the vacation schedule, and pays him taking into account the earnings accrued at his main job.
If the employee has not worked for a part-time job for another six months, and the employee informed the employer about the date of his leave from his main job, including dividing it into parts or transferring it to another time, the employer is obliged to provide him with leave for part-time work in advance. The basis for granting leave for combined work simultaneously with leave for the main job, including in advance, can be a certificate from the main place of work about the time of annual paid leave. In accordance with Part 2 of Art. 286 of the Labor Code of the Russian Federation, at the request of an employee working on a part-time basis, the employer is obliged to provide him with leave without pay in cases where the duration of leave at the main place of work is longer than for the combined job. An employee has the right to take leave without pay for the entire period that makes up the difference between the duration of leave, and for more short term. Leave of longer duration in this case can be granted only by agreement of the parties.
The time for granting vacation to a part-time employee can be planned in the vacation schedule or stipulated in the employment contract. The vacation schedule is mandatory for both the employer and the employee.
The employee must be notified by signature of the start time of the vacation no later than two weeks before its start.
The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.
The length of service that gives the right to annual basic paid leave includes:
- actual work time;
- the time when the employee did not actually work, but was protected by him in accordance with labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations, the employment contract preserved the place of work (position), including the time of annual paid leave, non-working holidays, weekends and other rest days provided to the employee;
- time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;
- the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;
- the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.
- the time the employee is absent from work without good reason, including due to his removal from work in cases provided for in Article 76 of the Labor Code of the Russian Federation;
- time of parental leave until the child reaches the legal age.
Vacation pay external part-time worker is made based on the earnings accrued to him from his part-time job. Accounting for length of service giving the right to annual paid leave (Article 121 of the Labor Code of the Russian Federation) is carried out separately for the main job and for part-time work.
Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, may be replaced by monetary compensation.
When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by: a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.
It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (with the exception of payment of monetary compensation for unused vacation upon dismissal).
Upon dismissal, the part-time employee is paid financial compensation for all unused vacations.
Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.
Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.
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 interruption from permanent place 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.
The appointment of a new one may be considered a combination of positions. work function or 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 combining
When combined, additional duties are performed at the same time as the main ones. Leave is granted under the following conditions:
- The duration is the same as for the main position.
- 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 free time. Labor Code The duration of overtime work is limited to no more than four hours per day.
There are two types of part-time work:
- external - if different employers;
- internal - if there is only one employer.
With a part-time worker, a separate employment contract. 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.
- 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.
- Indicate the scope of the billing period. In most cases it lasts 12 months.
- Calculate average daily earnings. If all months are worked in full, the total amount received for the billing period is divided by 12 and by a factor 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. Quantity full months multiplied by 29.3. All these values are added up and the total number of days in the billing period is obtained.
- 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.
- 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.
- 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. Total number days is found by addition: 11 * 29.3 + 2.84 = 325.14.
- Average daily earnings are calculated: 309,200 / 325.14 = 950.97.
- The amount of vacation pay for the main position is determined according to the formula: 950.97 * 28 = 26,627.16.
- 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.
- Accruals for an additional place of work will be: 85,000 / 10 / 29.3 = 290.10; 290.10 * 28 = 8,122.8.
- 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.
Leave for a part-time worker is issued in accordance with all the rules of the Labor Code, because he is the same employee, even if he does not work full time. Since an employment contract with part-time workers must be concluded, then guarantees must be provided to them. But is it fully? In theory, since a part-time worker does not work his wages, he should rest in proportion to the amount of work he has worked. But this is not at all true from the position of Rostrud, judicial practice and the Labor Code. It is worth noting that our logic does not always coincide with the logic of legislators. It is for this reason that we first study the laws and then turn on logic.
A little about part-time work
Legislators allow you to work for several bosses, as long as it does not affect the results of your work. And in every organization, a personal file is opened for each employee, the main document of which is the employment contract. That is, how many works - so many contracts .
Additional work can be assigned both at the main place and in another company.
An internal part-time worker is an employee “sitting on two chairs,” or rather, two workplaces in one company. He has one boss, but two jobs, and he combines different staff positions. Part-time work is called internal, since two jobs are combined within one organization.
An external part-time worker works outside the scope of his main job, in another organization. Where they also open a personal file on him, sign an agreement and assign him a personnel number.
Rules for granting leave to a part-time worker
Regardless of whether the part-time worker is external or internal, he is entitled to all labor guarantees.
Article 286 of the Labor Code obliges directors to let part-time workers go on vacation during the same period indicated in the vacation schedule for their main job. Even if an employee has not worked part-time for even six months, he should still be given leave - in advance. At the same time, if the leave at the main place is longer than here, then, upon his application, you are obliged to place him on administrative leave for the remaining period.
Vacation dates
Nuance: if, on the contrary, a part-time worker has a longer vacation than at his main job, no one is obliged to extend it!
And about the duration of a part-time worker’s vacation, Article 93 of the Labor Code says this: even if an employee does not work full time, his vacation is not cut, he can take the same 28 days (or longer).
Vacation schedule
According to Article 123 of the Labor Code, it does not matter whether the employee has a main job or a part-time job, his vacation must be according to the approved schedule.
And you need to warn him no later than two weeks before this deadline.
Part-time vacation schedule
If the part-time worker is our own, that is, internal, then everything is simple - in the schedule we mark the same period as his main employee. What about an external part-time worker?
When applying for employment, the law does not oblige the employee to request a certificate or a vacation schedule from his main job. At the same time, the director obliges the director to release him simultaneously with the main employer. Such discrepancies arbitrage practice explains this way: if a part-time boss is dependent on the vacation schedule at his main job, then he has the right to request supporting documents from the employee:
- vacation certificate;
- extract from the vacation schedule;
- a copy of the leave order.
However, without these documents it is still impossible to refuse leave to a part-time worker.
Leave from main job is longer
Nuance: if the leave from your main job is longer and you have given your part-time worker administrative leave, Do not enter this period into the vacation schedule, it will be reflected in the timesheet.
Part-time work while on vacation from your main job
Yes, it happens that the main place is vacation time, but the employee continues to work part-time. Is it really possible for vacation time to different jobs didn't match?
Rostrud, by letter No. 1248-6-1 dated September 08, 2009, clarified that a part-time worker’s vacation must coincide with his vacation at his main job. This is motivated by the fact that the part-time worker loses the chance to fully relax.
However, there is such judicial practice when a judge recognizes part-time leave as legal without linking it to the main job.
In Russia, the requirements of the law are treated as follows: if it is not prohibited, then it is permitted. And since a direct ban on working during vacation is not enshrined anywhere, then the last word remains with the employee and the director - as they agree, so it will be.
We arrange a vacation
Since the Labor Code forces you to give two weeks’ notice about a vacation, we will notify you. Writing the notification text « I notify you that according to the vacation schedule, your annual paid leave lasts 14 calendar days, and its period begins on February 4, 2016, and ends on February 18, 2016.».
The part-time worker must leave an autograph and a number on the notification.
Why do you dream of lace in a dream - interpretation by day of the week
Classic Caesar salad with chicken and Parmesan cheese
How and where to properly store oysters
The biscuit settles after baking
How to make marmalade with your own hands: apple classics