Part-time work is a good way out of a difficult financial situation. In this case, the law does not provide a formal permission of the main employer for such activities. In accordance with Art. 286 of the Labor Code of the Russian Federation, leave to part-time workers both external and internal should be provided both at the main place of work and at the additional one.
General Provisions
Part-time work involves activities parallel to the main one, that is, a citizen is officially employed and performs a certain type of work in another organization (institution) in his spare time from the main time. Moreover, the employee has a main permanent place of work.
According to the provisions of the law:
- Combination of work is allowed both at the place of the main work of the citizen and with other employers.
- A citizen may simultaneously engage in labor activity with two or more employers.
- According to the general requirements of the legislation, the duration of the work of a citizen engaged in concurrent work is limited to four hours a day. On days free at the main place of work, a citizen has the right to work full time at the place of additional activity.
- The total number of hours worked by a part-time employee for a month may not exceed half the monthly limit of working time established for similar categories of positions in this organization.
- Part-time workers are entitled to leave in accordance with the labor legislation of the Russian Federation.
- The guarantee of the rights of the employee to combine is provided by the labor contract or service contract concluded between the employer and the employee.
Part-time pay
A part-time employee's remuneration is calculated and made in proportion to the number of hours worked by him for the reporting period, unless otherwise provided by an employment contract or other agreement.
If the job is set for the part-time job, then payment is calculated in accordance with the amount of work that he performed during the billing period.
Persons engaged in labor activities in the regions of the country where the law establishes the payment of allowances corresponding to the working conditions and surcharges, wages are calculated taking into account the established allowances and ratios.
General provisions on the leave of an employee performing part-time duties
Along with the main employees, the part-time employee is entitled to annual leave with the corresponding duration of payment.
The period of granting leave to part-time workers, both external and internal, at the place of additional labor activity, by law, may coincide with the period of annual rest at the main place of work. Its duration may not be lower than established in Art. 115 of the Labor Code of the Russian Federation, i.e. less than 28 days.
If the amount of time worked is not enough to provide leave to a part-time worker (less than six months), then rest is provided in advance (to account for the future vacation period).
If the employee’s rest period at the main place of work does not coincide with the period provided by the employer at the additional place of work, then it may be extended by the corresponding difference in days. The number of days of rest that make up the difference in periods is not paid to the citizen. According to the statement of the part-time worker, the days of the difference in vacation periods may be used at one’s own expense.
The employee has the right not to combine vacation periods at the main and additional places of work, but to divide these periods at his discretion. For example, to be on vacation at the place of main activity and continue to work at the place where the activity is combined.
It is important to note that when drawing up a vacation schedule, a part-time worker , who is external, may not even know when he will be given an annual vacation at his main place of work. In this case, a specific date is not indicated. The column "notes" simply indicates that the employee performs his labor activity as a part-time job.
The procedure for calculating vacation payments of a part-time
In accordance with the legislation:
- calculation of payments in connection with the employee’s departure on annual leave is carried out in a unified manner, regardless of whether he carries out the main activity or works concurrently, and is regulated by the Labor Code of the Russian Federation;
- the calculation of the number of days of rest is carried out in calendar days (usually twenty-eight calendar days for normal working conditions);
- Holidays that are official holidays are not included in the billing period;
- the total estimated period of rest of the employee is increased by the number of additional days (additional leave) provided by law, which are included in the general calculation of vacation pay.
If an employee combines the main activity with an additional one at the same employer, then the calculation of vacation difficulties does not cause.
The total amount of payments for the vacation of the internal part-time is composed of separately calculated amounts of payments of the main employee and part-time worker, which are considered separately depending on the length of each vacation period. At the same time, the days that make up the difference in vacation periods are not payable.
To calculate the amount of vacation pay of an external part-time employee, it is necessary to determine the average daily wage of a part-time employee, taking into account all the allowable premiums and coefficients that are payable to the main employees of a similar part-time position.
Transfer of vacation pay to an employee’s bank account or cash withdrawal is carried out three business days before his departure on vacation.
Payment of maternity leave
Along with the main place of work, the legislation provides for a pregnant woman to be granted maternity leave at the place of additional labor for the same period and on the same conditions.
An essential reason for receiving payments at the place of the main and additional labor activity when a woman goes on maternity leave is the period of time worked at each place of work. This period should be the last two years for each place of work.
Unlike maternity leave (payment of sick leave), the receipt of a monthly allowance during the part-time leave is made only at one woman's place of work. In this case, the choice is made by the employee. Suppose a woman prefers to pay benefits at her main place of work, since the calculated payment will be much more than at the place of additional earnings.
Vacation for a learning part-time student
As for study leave, it is provided only by the main employer.
In the place of additional labor activity, part-time study leave shall be granted if this is possible and with the consent of the employer.
The employer may, by agreement with the employee, reduce the number of working hours of a part-time worker during the training process. In such cases, vacation money is not paid.
Employee leave period
According to the provisions of Russian law, an employee, regardless of whether he is the main employee or part-time worker, has the right to annual rest.
In cases of emergency, annual leave may be deferred. Moreover, if the part-time person did not go on vacation this year, then next year the rest is provided taking into account last year's “debt”.
The deprivation of a citizen of annual rest for a period of more than two years is contrary to the legislation of the Russian Federation and shall be punished in the event of such violations.
Vacation of part-time workers engaged in harmful working conditions
Unlike the main employee, the part-time worker can receive additional paid leave for carrying out activities in dangerous or harmful conditions only if his daily employment is at least four hours, and only for those days when he was engaged in performing labor activities in such conditions .
Compensation for unused vacation to part-time
In some cases, the dismissal of an employee at an additional place of work is permitted by law, provided that a citizen is accepted in his place, for which this place will be the main place of employment.
Upon dismissal, compensation is granted to the part-timer for all unused periods of rest.