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2. Tell me, is a seniority bonus paid to external part-time workers in education?

2.1. Unknown. The procedure and conditions for remuneration of labor, including its parts, are determined not by legislation, but by the employer or the owner of the institution.

3. Does a budgetary organization pay a seniority bonus to external part-time workers?

3.1. It depends on the specific organization. Everywhere is different.

4. Does an internal part-time worker have the right to receive a seniority bonus.

4.1. In the Labor Code, such payments as for length of service are not directly indicated, these payments are regulated by the Regulations on wages adopted for municipal employees - municipal regulatory legal acts, for regional ones - acts of the regions. In relation to federal - acts of the Federal authorities in charge of the institution.

5. Is remuneration paid according to the length of service for part-time workers?

5.1. the answer to this question can be given by studying the approved regulation on remuneration for seniority

6. Should a part-time worker be paid seniority payments?

6.1. The additional payment for the length of service is charged only at the main place of work, where you are registered under an Employment contract. At part-time work, they draw up a civil law contract that does not provide for vacation, sick leave, or additional payment for seniority

6.2. Yes, they should.

Article 287. Guarantees and compensations for persons working part-time

Guarantees and compensations to persons combining work with study, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.

(Article 287, "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on November 22, 2011, as amended on December 15, 2011))

7. Do part-time workers get paid?

7.1. What do you mean by seniority pay? Prize, allowance? what category of persons. Refine your question

8. In the position of combining, I am not paid for the length of service ... the employer refers to the fact that part-time workers do not receive payments for the length of service ... is this legal?

8.1. Hello.

No, this is wrong.

9. I work as a labor protection specialist, I receive a seniority payment, I work as an internal part-time worker in the same school as a contract manager, do I have the right to receive a seniority payment for a combination and which law can be referred to.

9.1. Article 287. Guarantees and compensations for persons working part-time

Guarantees and compensations to persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.
(as amended by Federal Law No. 185-FZ of July 2, 2013)
Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

10. There is a regulation on the remuneration of a part-time job - it states that he receives everything as in the main position - specifically, there are no records about length of service - there is also a regulation on length of service about part-time workers - nothing is said - does a part-time worker have the right to receive length of service?

10.1. Hello! Article 287. Guarantees and compensations for persons working part-time
"Guarantees and compensations to persons who combine work with education, as well as to persons working in the regions of the Far North and areas equivalent to them, are provided to employees only at their main place of work.
Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

11. Hello, I work in the field of education at my main job and in the field of additional education as an external part-time job. Will I be credited with seniority and an honorary title at a part-time job, if these are different organizations in their profile.

11.1. Good day!
It will, because additional education about the Federal Law "On Education in Ros Fed." relates to educational activities.
I would also like to note that in order to carry out activities to provide services in the field of additional education, it involves obtaining a license from the Ministry of Education.

Good luck to you!

11.2. Good day!
Yes, of course, in the situation under consideration, there are legal grounds for this.
All the best, I wish you good luck!

12. Is there a seniority bonus for an external part-time worker in a federal state budgetary educational institution?

12.1. Hello! An external part-time worker is charged a seniority bonus, if it is provided for by collective or labor agreements or other local regulatory act.

13. My daughter works as a musician. a teacher in a secondary school at the main job and an external part-time worker in music. school. Our region is equated to the region of the Far North (Irkutsk region). In music. At school, she is not paid a seniority allowance and incentives, they say that a part-time job is not allowed. Is it so? And the second question. She has a rate of 15,000, but she has 3 hours before the rate and she receives 12,000, which is below the minimum wage. How to be?

13.1. In general, the conditions of remuneration for part-time workers under the Labor Code of the Russian Federation are no different from the conditions for remuneration for workers who do not work on a part-time basis, the only difference is the time of work. Therefore, if your daughter is not paid extra at work part-time, then this is illegal. As for the minimum wage, then in The Labor Code of the Russian Federation is about the obligation of the employer to ensure the payment of wages not lower than the federal minimum wage, which is now 7500 rubles.

13.2. she is not paid a seniority payment and incentives, they say that a part-time job is not allowed. Is it so? To answer this question, you need to familiarize yourself with the Regulations on the remuneration of the organization. Federal laws do not regulate this.
She has a rate of 15,000, but she has 3 hours before the rate and she receives 12,000, which is below the minimum wage. How to be? No one is obliged to pay extra to the minimum wage when working part-time, alas.

14. I was notified of a reduction from my second job (part-time), but at a permanent place I only have 10 hours (teacher at school), in total there was a rate, for length of service I had enough, how to be now, I am required to provide a rate 18 hours at work, but in my specialty, so 2 part-time workers work, they suit the administration, I have an 8-year-old child, I am left without a normal salary, what should I do?

14.1. In such a situation, it all depends on your employment contract. If a rate is specified, then the employer is obliged to provide it. Write him an application for the provision of a load on the rate, and in case of refusal, appeal. The director always has the opportunity to find the missing watch.

15. Should they pay a seniority bonus to an external part-time worker in a budgetary organization. Thanks.

15.1. The provisions on bonuses adopted in the organization apply to persons working part-time.

16. Please explain the situation with the external part-time worker. In the event that he is granted leave at his main place of work, is the employer where the employee is registered part-time obliged to send him on leave without his consent, or in this case, the desire of the employee can be taken into account?

Please tell me what legislative act amended the 25-FZ "On municipal service" in terms of additional leave for seniority.

16.1. The desire of the employee must be taken into account.

17. My name is Anna. I work at school as a teacher of extracurricular activities at my main job and part-time at a technical school. I have 25 years of teaching experience, but neither at my main job nor part-time I am paid an additional salary for the length of service. Is it correct? I live in Crimea. Thanks.

17.1. seniority payments are paid only at the main place of work.

18. I would like to know if I am entitled to a long service pension. In kindergarten, I worked as a music director since 1985 at one rate, but from 2000 to 2006, groups in our kindergarten were reduced and worked for 6 years at 0.75 rate, but at the same time I worked as a part-time teacher at a music school solfeggio. I was assigned a pension, I received it for 3 months and now it was taken away from me, referring to the fact that in the muses. the school is not entitled to a pension, is this correct? Thanks.

18.1. Hello! For work in institutions of additional education (in particular, at a music school), a pension is provided, but special conditions are provided for crediting these periods of experience (special experience of at least 16 years 8 months as of January 1, 2001 + the fact of work, regardless of its duration in institutions of additional education in the period from November 1, 1999 to December 31, 2000). You, most likely, did not have the length of service of the required duration as of January 2001, but these are only my assumptions (you do not give specific formulations of the reasons for stopping the payment of your pension). But even if we do not take into account the period 2000-2006, you should already have 25 years of special experience.
It may be advisable to apply to the court for the restoration of pension payments.
Sincerely, A.D. Ruslin.

19. I work at a school as an external part-time job, they stopped paying seniority, they never pay incentive bonuses, motivating what I get at my main job, every summer I work at a summer recreation site. Can the school principal force me to work on the playground?

19.1. The part-time worker has the same labor rights as any other employee. you can be forced to do only what is provided for by your job description and employment contract.

20. Is there an additional payment for the length of service for an internal part-time job? (main job-cashier, internal. Joint-cleaning lady)

20.1. Yes, they charge.

21. I am not paid for the length of service and the bonus by March 8, referring to the fact that I am an external part-time worker and there is a local act in the organization. Essential employees receive these payments. I work full time. Is the employer right?

21.1. Hello! Yes that's right

21.2. Hello. No. Part-time work gives the same rights and guarantees as the main employees

22. At our LNA enterprise, a seniority bonus is provided for the main employees, while there is a reservation that this bonus is also set for external part-time workers, but not for internal ones. Is it legal?

22.1. Hello! This is the right of the employer to pay an allowance only at the main place of work.

22.2. This is up to the employer.

23. I have been working at a music school (main place) since 1983 with a break (foreign business trip in another specialty) 3 years-1986-1989. In 2001, I did not have 16.8 years of ped. experience, and I do not receive a seniority pension. In 2012, I got a part-time job in a kindergarten, worked for 3 years as a music director. Can I currently apply for a kindergarten service pension using the music school pedage?

23.1. Hello. Check all pension issues with the Pension Fund.
We - DO NOT SEE YOUR DOCUMENTS. Therefore, we can only speculate. But fortune-telling is done on other sites.
Moreover, the legislation has changed twice since 2001. Currently, it takes at least 25 years to get a teaching job.
"persons who have been teaching in institutions for children for at least 25 years, regardless of their age;"

Tell me if an internal part-time worker is paid a seniority allowance (cultural institution)

Answer

The performance of the duties of a temporarily absent employee without release from his main job should be understood as the performance of the duties of another employee who is temporarily absent due to illness, vacation, business trip or for other reasons, when, in accordance with applicable law, he retains his job (position). At the same time, it should be noted that if an employee performs the duties of a temporarily absent employee and at the same time is released from the main job, then there is not a combination, but a temporary transfer to another job (part 1 of article 72.2 of the Labor Code of the Russian Federation). In any case, the combination of professions (positions) is the performance by an employee of additional work on another staff unit available in the staffing table.

Should I be charged an additional payment for length of service with a part-time job

TC RF). And no good reason is required. According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right to pay wages in full in accordance with his qualifications, the complexity of the work, the quantity and quality of the work performed. By virtue of Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract on the basis of the remuneration systems in force for this employer.

Additional payment for combining positions

Another option is to conclude an additional agreement to the main employment contract on assigning an additional amount of work to the employee in the same or another position (part 1 of article 60.2 of the Labor Code of the Russian Federation) - combining or expanding service areas. The Regulation on remuneration establishes that the additional payment for length of service is not charged to part-time workers.
Find out in the personnel service how the director's pedagogical part-time work is framed. Suppose a director has only one employment contract. It has an additional agreement on pedagogical work.
Calculate the superannuation for years of service on your salary. The director has two employment contracts. Calculate the seniority bonus on the salary for the main position.

One more moment. The employer has the right to establish any procedure for calculating surcharges. It is not clear from the question on which payments the coefficient is calculated.

Bonuses for work experience for an internal part-time worker

Attention

Only a few months later, the accounting department discovered that the salary was paid without taking into account the fact that the person was registered part-time. As a result, he was no longer paid his salary at all, counting the overpayment.

Is an internal part-time worker paid a seniority bonus?

To this, the employer objected that at the end of the year his workload was 312 hours and there could be no talk of any overtime work in this case. Polevskoy city court of the Sverdlovsk region in the decision of June 18, 2014

No. 2-929 / 2014 indicated that for a year the normal working hours for a part-time worker is 889.2 hours (1778.4 hours: 2). Thus, during the accounting period of a calendar year, the number of hours worked by a part-time teacher did not exceed the normal working hours. The court came to the conclusion that the calculation by the teacher of the length of working time from the standard number of working days in each month is not based on the law: since the accounting period determined by the employer is a calendar year, it means that overtime can be established only at the end of this period.

Features of calculating the additional payment for work on combination

As a rule, the amount of the additional payment is brought to the attention of the employee at the stage of notification of the combination. In order to agree to an increase in the workload, the employee must assess how much the payment offered by the employer corresponds to the expected labor costs. In add. the agreement to the employment contract signed by the employee must indicate the allowance that suits him. If the employer promises large payments, but sets different figures in official documents, the employee who signed these documents will not be able to require the employer to pay the promised amounts.
At the same time, additional obligations under agreement must be complied with by the employee.

Combined payroll

As a result, the teacher's claim was dismissed. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation in its rulings of August 30, 2013 No. 93- KGPR13-2, dated June 24, 2011 No. 52-B11-1, decided that wages without including the regional coefficient and the percentage allowance for continuous work experience should not be less than the minimum wage. Therefore, for a part-time salary equal to half the minimum wage, the district coefficient should also be charged.

Vacation of a part-time worker It may also happen that for positions occupied by an internal part-time worker, different vacation periods will be provided. For example, a teacher combines the position of a laboratory assistant.

The teacher's vacation is 56 days, and the laboratory assistant - 28.

Important

The expert shares important information about the part-time cleaner in the material at the link. The organization paid their part-timers. At the same time, these persons did not work in the organization in the two previous calendar years.

Surcharge for combination - 11,340 rubles. (135 rubles per hour x 168 hours x 50%). That is, the total amount of wages will be equal to 30,660 rubles.

((19,320 + 11,340) rubles). Situation 3 The employee has an hourly rate of 115 rubles per hour. For a combined position - a salary of 22,000 rubles.

Salary at the main place of work will be 19,320 rubles. (115 rubles / hour x 168 hours). Surcharge for combination - 11,000 rubles. (22,000 rubles x 50%).

The total amount of wages will be equal to 30,320 rubles. ((19,320 + 11,000) rubles). So, we examined the main features of the work of combining and the procedure for remuneration in this case.

If the employer offers additional work (internal combination), you need to remember the following: 1.

Should seniority be credited for an additional payment for combining

If an absent employee is paid wages (for example, on business trips or in the performance of public duties), then the additional payment for combining increases the payroll. If a sick employee is replaced, then payment for a temporary disability certificate is made at the expense of the FSS, and the employee’s salary or part of it may not increase this fund.

The amounts of additional payments for combining professions, expanding service areas are related to labor costs in the amount determined by the agreement of the parties to the employment contract, and are included in the average earnings in all cases of its calculation. Surcharges are generally subject to personal income tax and insurance premiums.

Commentary on Article 285

1. The law does not establish any specifics in the remuneration of part-time workers. With a time-based system of remuneration, wages are determined in proportion to the hours worked, with a piecework system, depending on the output or on other conditions determined by the employment contract. If, with time-based remuneration, normalized tasks are set for a part-time job, remuneration is made according to the final results for the amount of work actually performed.

The minimum wage for part-time workers is adjusted taking into account the fact that they do not work full time, but only part of it.

2. Payment for labor in cases where a part-time worker performs work in special conditions, in conditions that deviate from normal, is made in an increased amount (Article 146 - 154 of the Labor Code). Part-time workers working in areas where regional coefficients and wage bonuses are established are paid taking into account these coefficients and bonuses. So, in the regions of the Far North and areas equated to them, both regional coefficients and percentage bonuses for the length of service in these regions and localities are established (see Articles 316, 317 of the Labor Code and commentary thereto). Part-time workers are entitled to both.

3. Separate regulations establish rules on the payment of percentage bonuses to part-time workers for continuous work experience. These allowances are paid:

A) medical workers holding part-time positions in healthcare and social protection organizations financed from the federal budget and the budgets of the constituent entities of the Russian Federation (Decree of the Government of the Russian Federation of February 28, 1996 N 213 “On bonuses for the duration of continuous work for medical workers occupying part-time positions in organizations of health care and social protection of the population”). The procedure for paying percentage bonuses is regulated by the Decree of the Ministry of Labor of Russia dated October 8, 1992 N 18 "On the establishment of allowances for the duration of continuous work for doctors, pharmacists and other employees of healthcare institutions and social protection of the population", Regulations on the remuneration of healthcare workers of the Russian Federation, approved by the Order of the Ministry of Health of Russia dated October 15, 1999 N 377 and the letter of the Ministry of Health of Russia dated April 4, 1994 N 2510 / 2357-97-32 “On the procedure for paying bonuses for the duration of continuous work to medical workers working part-time”;

B) civilian personnel of the bodies of the Ministry of Defense of the Russian Federation (clause 1 of the Regulation on the calculation of the length of service of civilian personnel of certain bodies of the Ministry of Defense of the Russian Federation for the payment of a monthly allowance for length of service, approved by Order of the Ministry of Defense of Russia dated March 2, 2001 N 90);

C) employees employed part-time in the bodies of the Ministry of Emergency Situations (clause 1 of the Regulation on the calculation of length of service for the payment of a monthly percentage bonus to employees of certain bodies of the Ministry of Emergency Situations of Russia for length of service, approved by Order of the Ministry of Emergency Situations of Russia dated March 23, 2001 N 141);

D) employees of certain bodies of the FAPSI (clause 13 of Appendix 1 to the Order of the FAPSI dated June 8, 2001 N 142 “Conditions for paying bonuses for complexity, tension, high achievements in work and a special mode of work, monthly bonuses for length of service, bonuses based on results work and provision of material assistance to civilian personnel of certain FAPSI bodies”).

Other incentive allowances may be paid to part-time workers on the terms provided for by the collective agreement, agreements, local regulations of the organization.

Comments on the Labor Code of the Russian Federation

Seniority for part-timers

I work as a labor protection specialist, I receive a long service pay, I work as an internal part-time job in the same school as a contract manager, do I have the right to receive a long service pay for a combination and which law can be referred to.

Article 287. Guarantees and compensations for persons working part-time (as amended by the Federal Law of 02.07.2013 N 185-FZ) Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time, in full. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Should a part-time worker be paid seniority and qualification category?

This procedure for calculating bonuses (including bonuses for length of service) applies to all employees working part-time. See the terms of the contract, as well as the Regulation on remuneration. Labor Code of the Russian Federation, Article 285. Remuneration of labor of persons working part-time The payment of labor of persons working part-time is made in proportion to the time worked, depending on the output or on other conditions determined by the employment contract. When establishing persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed. Good luck.

Naturally, the part-time worker is obliged to pay all incentive allowances, which are provided for by the regulation on remuneration, as well as to the main employees.

Is there a seniority bonus for an external part-time job in a federal state budgetary educational institution?

Hello! An external part-time worker is charged a seniority bonus, if it is provided for by collective or labor agreements or other local regulatory act.

Tell me, is a seniority bonus paid to external part-time workers in education?

Unknown. The procedure and conditions for remuneration of labor, including its parts, are determined not by legislation, but by the employer or the owner of the institution.

Should they pay a seniority bonus to an external part-time worker in a budgetary organization. Thanks.

The provisions on bonuses adopted in the organization apply to persons working part-time.

Does a budgetary organization pay a seniority bonus to external part-time workers?

It depends on the specific organization. Everywhere is different.

I work at a school as an external part-time job, they stopped paying seniority, they never pay incentive bonuses, motivating what I get at my main job, every summer I work at a summer recreation site. Can the school principal force me to work on the playground?

The part-time worker has the same labor rights as any other employee. you can be forced to do only what is provided for by your job description and employment contract.

Is there an additional payment for the length of service for an internal part-time worker? (main job-cashier, internal. Joint-cleaning lady)

I am not paid for the length of service and the bonus by March 8, referring to the fact that I am an external part-time worker and there is a local act in the organization. Essential employees receive these payments. I work full time. Is the employer right?

Hello! Yes that's right

Hello. No. Part-time work gives the same rights and guarantees as the main employees

Does an internal part-time worker have the right to receive a seniority allowance.

I work as a director in a recreation center, I receive rural payments and for long service, I work as an external part-time worker at a school as a supply manager, do I have the right to receive the same payments and which law can be referred to.

Yes, you can receive all payments and allowances

I work as a director in a recreation center, I receive rural payments and for long service, I work as an external part-time worker at a school as a supply manager, do I have the right to receive the same payments.

Am I eligible for a seniority increase as an external part-time worker?

Hello! All benefits and allowances apply to external part-time workers

Is there an allowance for an external part-time worker for length of service if he receives it for his main job? And based on what documents?

The allowance can only be granted if the external part-time worker earned it while working part-time

Is there an allowance for an external part-time worker for length of service if he receives it for his main job? and based on what documents? — not allowed.

Is remuneration paid based on the length of service for part-time workers?

the answer to this question can be given by studying the approved regulation on remuneration for seniority

Should a part-time worker be paid seniority payments?

The additional payment for the length of service is charged only at the main place of work, where you are registered under an Employment contract. At part-time work, they draw up a civil law contract that does not provide for vacation, sick leave, or additional payment for seniority

Yes, they should. Article 287. Guarantees and compensations for individuals working part-time Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full. (Article 287, "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on November 22, 2011, as amended on December 15, 2011))

Do part-time workers get paid long service?

What do you mean by seniority pay? Prize, allowance? what category of persons. Refine your question

Companion service allowance.

Question-answer on the topic

Clarification according to No. 472682 dated 01/20/2015 Hello! I want to clarify my previous question. An employee has been working at the main place of work for 8 years and receives a seniority bonus. From 01/12/2015, he was issued for 0.5 part-time rates. In this case, does he need to accrue an allowance for length of service on an internal part-time job?

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we report the following: In general, part-time employees have the right to all guarantees provided for by labor legislation and local acts.

Separately, there are regulations that oblige part-time workers to establish percentage bonuses for continuous work experience.

Therefore, if the position in which the part-time worker works is provided for by a local act, an allowance for length of service, then it must be established, regardless of whether it is an external part-time worker or an internal one.

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Is an additional payment for seniority paid to external part-time workers in a budgetary organization?

Question-answer on the topic

We are a budgetary organization in which there is a bonus for seniority. Is this length of service paid to external part-time workers?

In accordance with Article 287 of the Labor Code of the Russian Federation, guarantees and compensations to persons who combine work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.
Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

In the Labor Code, such payments as for length of service are not directly indicated, these payments are regulated by the Regulations on wages adopted for municipal employees - municipal regulatory legal acts, for regional ones - acts of the regions. In relation to federal - acts of the Federal authorities in charge of the institution.

For example, in accordance with the Order of the Ministry of Internal Affairs of Russia dated January 31, 2013 N 65 “On approval of the procedure for providing monetary allowance to employees of the internal affairs bodies of the Russian Federation”, payment for part-time work is made:

in the positions of employees - in the manner prescribed by the legislation of the Russian Federation;

in employee positions - based on the salary established for the position filled on a part-time basis, as well as all other additional payments provided for this position, except for the percentage bonus for the length of service (length of service), in proportion to the hours worked.

And according to the Decree of the Cabinet of Ministers of the Republic of Tatarstan of December 10, 1999 N 813 (as amended on August 4, 2008, as amended on December 14, 2010) “On the implementation of the Law of the Republic of Tatarstan “On libraries and librarianship” (together with the Charter of the state institution “National Library of the Republic of Tatarstan”, “Regulations on the procedure for assigning monthly bonuses to the official salary (rate) for length of service for library workers”), library employees working part-time have the right to assign a bonus for length of service.

The allowance is assigned on the basis of the order of the library director, issued on the proposal of the seniority commission.

Thus, it is impossible to unequivocally answer your question without knowing the specifics of the institution.

See the regulations in accordance with your region.

Details in the materials of the System:

1. Answer: How to apply for a part-time job. N.Z. Kovyazin

The procedure for working part-time

In case of a combination of jobs, an employee, in his spare time from his main job, performs other regular paid 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 the main job (internal part-time worker), and in other organizations (external part-time worker) (part 3 of article 282 of the Labor Code of the Russian Federation).

Number of part-time jobs

The legislation does not limit the number of part-time jobs. That is, an employee is allowed to enter into employment contracts for part-time employment with any number of organizations (subject to restrictions on the working hours of a part-time job). This is stated in part 2 of article 282 of the Labor Code of the Russian Federation.

Should an employer hiring an external part-time worker check whether he has a main job

The Labor Code of the Russian Federation does not directly oblige an employer who hires an external part-time worker to ask him for confirmation of the availability of the main place of work. The exception is certain cases of hiring employees, in particular, managers, when the consent of the founders from the main job to part-time work is required, or employees of hazardous professions, when confirmation is required that the employee's main place of work is not associated with harmfulness (part 1 of article 276, part 5 article 282 of the Labor Code of the Russian Federation).

In addition, if in the process of work a part-time worker on certain days requires him to establish a full working day due to the fact that he is free from the performance of labor duties at his main place of work, then this fact will also have to be confirmed by documents from the main place of work: a certificate of work schedule an employee, an extract from the order of suspension, etc. (part 1 of article 284 of the Labor Code of the Russian Federation). When granting leave, it is also recommended for a part-time job to require a certificate from the main place of work stating that the employee is sent on the main leave during the same period, since leave at the place of work part-time is provided simultaneously with leave at the main job (part 1 of article 286 of the Labor Code of the Russian Federation ). Thus, in the process of activity, moments may periodically arise that require confirmation of the fact that the employee works at the main place of work, and if the employee does not have such a place, then it is likely that this fact will be revealed. In particular, information about the absence of the main place of work can also be detected in the event of an employee’s illness, when the employer asks the part-time worker for a copy of the work book to calculate and confirm his work experience.

Concealment by an employee of the fact of the absence of a main place of work indicates the dishonesty of the employee himself and may negatively affect him first of all when assigning a pension and confirming the insurance period. Therefore, if it is discovered that the external part-time job does not have a main place of work, it is recommended to bring the relationship in line with the law, that is, formalize the transition from a part-time job to the main place with a part-time job or terminate the employment contract due to violation of the rules for concluding it (clause 11, part 1 article 77 of the Labor Code of the Russian Federation). These measures will subsequently help to avoid questions about the legality of granting or not granting rights and guarantees that distinguish part-time workers from the main employees (the right to annual and study leave, the payment of individual allowances, the right to hospital benefits, etc.).

At the same time, labor legislation does not provide for the automatic requalification of a part-time employment contract into an employment contract at the main place upon discovery of the fact that the employee does not have a main place of work. In this connection, another position has developed that the employer does not need to take any action in this situation.

In the absence of official clarifications and judicial practice on this issue, each organization makes its own decision. Representatives of Rostrud in informal clarifications adhere to the first point of view - the need to bring relations in line with the law.

Is it possible to hire a soldier to work part-time

As a general rule, you can't.

An exception is made only for those military personnel who, in combination, will be engaged in pedagogical, scientific or creative activities. At the same time, part-time work should not interfere with the employee's performance of his military duties. This is stated in paragraph 7 of Article 10 of the Law of May 27, 1998 No. 76-FZ.

Is it possible to hire a part-time job who is the director of a municipal unitary enterprise

As a general rule, you can't.

Heads of unitary enterprises are not entitled to engage in other paid work in both commercial and budget organizations. An exception is made only for those leaders who, in combination, will be engaged in teaching, scientific or other creative activities. This is stated in paragraph 2 of Article 21 of the Law of November 14, 2002 No. 161-FZ.

Can the same person be the chief accountant in two organizations at the same time (in one - according to the work book, in the other - part-time)

The Labor Code of the Russian Federation does not establish any restrictions or special requirements for part-time work for chief accountants.

A part-time job is the performance by an employee of another paid job in his spare time from his main job. This concept is spelled out in article 282 of the Labor Code of the Russian Federation. At the same time, an employment contract is necessarily concluded with a part-time job, which indicates that the work is a part-time job.

Is it possible to arrange a part-time employee in the same organization and in the same position in which he already works as the main

In accordance with Article 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude labor contracts on the performance of other regular paid work with the same or another employer in his spare time from his main job. Thus, the Labor Code of the Russian Federation does not contain a ban on part-time work in the same organization and in a similar position. In addition, other work can be understood not as a different labor function, but as an activity in time free from the main job within the framework of an independent (other) employment contract.

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Similar conclusions follow from the letters of Rostrud dated June 18, 2012 No. 873-6-1 and dated June 1, 2011 No. 1495-6.1.

It should be noted that earlier Article 98 of the Labor Code of the Russian Federation allowed internal part-time employment only in a different profession, specialty or position. However, since October 6, 2006, it has become invalid.

Thus, taking into account the position of Rostrud, internal part-time work is possible in any profession (specialty, position), including those similar to the one that the employee performs at the main place of work.

Is it possible for an external part-time employee to establish an internal part-time job

Yes, you can, subject to restrictions on part-time work.

An employee may have several part-time jobs. At the same time, the Labor Code of the Russian Federation does not establish a ban on the conclusion by an external part-time worker of another labor contract for another job with an employer for whom he already works part-time. Thus, an assignment by a part-time employer to a part-time employee of a second (another) part-time job is permissible and does not contradict the requirements of the law.

The question of whether such a second part-time job with the same employer will be internal seems to be ambiguous. According to established practice, external part-time work is opposed to the main job at the time of the conclusion of the first employment contract with another employer, that is, any other part-time job in relation to the main job will be external. In order to avoid confusion and disputes over the wording in the contract being concluded, it is better not to focus on the type of part-time job: internal or external, that is, simply use a part-time contract.

In any case, when concluding a second (and subsequent) employment contract with an employer for part-time work, it is necessary to limit the duration of such work in total for both (all) jobs with this employer.

Such conclusions follow from the totality of the provisions of articles 60.1, 284 of the Labor Code of the Russian Federation.

Is it possible to hire a part-time employee who will work on Saturday and Sunday. At his main place of work, he has a five-day work week.

In case of a combination of jobs, an employee, in his spare time from his main job, performs other regular paid work under a separate employment contract (part 1 of article 282 of the Labor Code of the Russian Federation).

Thus, the organization has the right to hire a part-time employee who will work on Saturday and Sunday, despite the fact that he has a five-day work week at his main place, and he will have these days off.

At the same time, one should not forget that the duration of the work of a part-time worker should not exceed half the norm of working time per month (another accounting period) established for the corresponding category of employees (part 1 of article 284 of the Labor Code of the Russian Federation).

This approach applies to both external and internal part-time workers.

Working hours of a part-time worker

As a rule, the duration of working hours for part-time workers cannot exceed four hours a day (Article 284 of the Labor Code of the Russian Federation). But if the employee is free from the main job (on any day), then he can work part-time on that day full time. However, within one month (another accounting period), the duration of the work of a part-time worker should not exceed half the norm of working hours per month (another accounting period) established for the corresponding category of employees. Such restrictions are established by part 1 of article 284 of the Labor Code of the Russian Federation.

Part-time working time restrictions do not need to be observed if the employee at the main place of work:

suspended work due to a delay in the payment of his salary (part 2 of article 142 of the Labor Code of the Russian Federation);

suspended from work for health reasons with retention of position for up to four months in cases provided for by part 2 of article 73 of the Labor Code of the Russian Federation;

is the head, his deputy, chief accountant of the organization (separate subdivision) and was dismissed for health reasons with the retention of the position in the case provided for by part 4 of article 73 of the Labor Code of the Russian Federation.

This is stated in part 2 of article 284 of the Labor Code of the Russian Federation.

In what cases is the work of a part-time worker considered overtime?

Overtime is considered work that exceeds the length of working time established for an employee (Article 99 of the Labor Code of the Russian Federation).

On those days when the employee is busy at the main place of work, the daily duration of his part-time work cannot exceed four hours a day. For more than four hours, a part-time worker can work only on those days when he is not busy at his main place of work. For example, if an employee is not busy on any day at the main place of work, he can work part-time full-time (eight hours). Then overtime will be considered the hours of work that the part-time worker worked in excess of the prescribed eight hours. At the same time, the duration of part-time working hours for a month (another accounting period) should not exceed half the norm of working hours of the same category of employees working on a permanent basis (i.e., not part-time) for the same accounting period.

This procedure is established in article 284 of the Labor Code of the Russian Federation.

A part-time employee may work less than four hours a day. In any case, overtime for him will be considered work that exceeds the norm of working hours established for him. For example, if, under an employment contract, a part-time worker must work two hours a day, then any processing in excess of the set time will be considered overtime work.

Is it possible for a part-time worker to set an irregular working day

Part-time work is the performance of other work in free time from the main work. The duration of working hours for such work should not exceed four hours a day (Articles 60.1, 282, 284 of the Labor Code of the Russian Federation).

Irregular working hours - a special mode of work, according to which individual employees can be involved in the performance of their labor functions outside the working hours established for them, subject to a number of conditions (Article 101 of the Labor Code of the Russian Federation).

Since the working hours of a part-time worker are limited by law, he cannot be set an irregular working day, regardless of how many hours a day the part-time worker works.

Do I need to reduce the working holiday day for a part-time worker

Holidays in force in Russia are listed in Part 1 of Article 122 of the Labor Code of the Russian Federation. As a general rule, the duration of the working day (shift) immediately preceding a non-working holiday is reduced by one hour. At the same time, reducing the working day by one hour does not reduce the employee's salary. This is stated in Part 1 of Article 95 of the Labor Code of the Russian Federation.

This rule applies to all employees, regardless of their mode of work and the length of the working day, including those who work part-time - both internal and external (Article 284 of the Labor Code of the Russian Federation).

For example, the duration of the daily work of an external part-time worker is four hours a day. In accordance with Part 1 of Article 95 of the Labor Code of the Russian Federation, the duration of the pre-holiday working day of such an employee will be equal to three hours, that is, reduced by one hour in the general manner.

For more information on how to reflect the hours of work of a part-time employee on such a day in the time sheet, see How to reflect the work of an employee on the pre-holiday day in the time sheet.

Can a part-time worker work full time for a long time if he is on vacation without pay at his main place of work

On days free from the performance of duties for the main job, a part-time worker has the right to work at a part-time job full time (shift). At the same time, in total, in the accounting period (month, quarter, etc.), he has the right to work out no more than half of the total norm of working hours established for the corresponding category of employees. This means that full-time work must be compensated by a reduction in work time (less than four hours) on other days of part-time work. At the same time, the fact that an employee is on a long vacation at the main place of work does not allow exceptions to this rule. This follows from the provisions of articles 132, 284 of the Labor Code of the Russian Federation.

An example of a full-time part-time job

A.S. Kondratiev works at Alfa as a part-time manager. He has a five-day work week. In accordance with the Alfa staffing table, the official salary of managers is 30,000 rubles. Kondratiev's remuneration is made in proportion to the hours worked. The accounting period for part-time employees at Alpha is one month.

In December 2012, Kondratyev was free from his main job duties for two weeks. From 3 to 7 December and from 10 to 14 December 2012, he worked part-time full time - 8 hours a day. Half of the standard working time in December 2012 is 83.5 hours (167 hours: 2).

Since Kondratiev worked 80 hours in two weeks, by the end of December 2012 he can work no more than 3.5 hours. Kondratiev worked this time on December 17, 2012.

For December 2012, Kondratiev will receive a salary in proportion to the time actually worked - 15,000 rubles. (30,000 rubles / 167 hours × 83.5 hours), since he fully worked out his working hours.

Can an employee work part-time full-time if he has a long vacation at his main job at his own expense

Labor legislation does not contain any prohibitions on part-time work during the period of stay on long leave without pay. At the same time, the duration of such work is limited - no more than half of the norm of working time for the corresponding accounting period. Although on some days an employee can work full time, the specified norm-restriction for a part-time worker must be observed in the accounting period. Therefore, an employee, in general, cannot work part-time full-time if he has a long vacation at his main job at his own expense. This conclusion follows from the totality of the provisions of Part 1 of Article 284 and Part 1 of Article 285 of the Labor Code of the Russian Federation.

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Can an employee continue to work on an internal part-time job in the evening, if he is sent to advanced training courses for his main job. Courses take place during the daytime in the same area where the employee lives and works

If a part-time employee is sent in the daytime to advanced training courses for the main job, but at the same time has the actual opportunity to work internally part-time in the evening, then the employer is obliged to provide him with such work, and the employee is obliged to perform it in accordance with the terms of the concluded agreement (para. 3 part 2 article 22, paragraph 3 part 1 article 21 of the Labor Code of the Russian Federation).

In such a situation, for the period under review, the employer is obliged, in addition to the average earnings for the main job, to pay a salary (and not the average earnings) for part-time work (paragraph 5, part 1, article 21, article 187 of the Labor Code of the Russian Federation).

Taking into account the above, the direction to courses on the main work is not a basis for canceling part-time work, if there is a real opportunity to perform such work. For the period of study for part-time work, it is possible to issue a vacation at your own expense, but only with the consent of the employer (part 1 of article 128 of the Labor Code of the Russian Federation).

How to comply with the limit of half the norm of working hours for a part-time job: for each place of work or for a combination of jobs. An employee has several part-time jobs

The legislation does not provide a clear answer to this question.

There are currently two positions on this issue.

Supporters of the first one believe that the restriction is set for the totality of part-time jobs. The following arguments are given.

Part-time work is all work performed by an employee outside the main place of work. Consequently, the restriction of half the norm of working time must be observed for the total number of jobs of a part-time employee (part 2 of article 282 of the Labor Code of the Russian Federation). A different approach deprives the norm of limiting the duration of part-time work from its goal - protecting the employee from excessive workload aimed at preserving his life and health in the labor process (Article 209 of the Labor Code of the Russian Federation).

The opposite point of view is based on the fact that Article 284 of the Labor Code of the Russian Federation does not contain a clause that the limitation of the working time of a part-time worker should be observed for the totality of part-time jobs, therefore, the working time of a part-time job is limited for each of his part-time jobs, and not for their totality. A similar position is supported by Rostrud in letters dated November 14, 2013 No. 1007-6-1 and dated November 19, 2012 No. PG / 8814-6-1.

Taking into account the official position and the absence of contrary judicial practice on this issue, it is safe for the organization to apply, among other things, the second approach. As an additional argument, it can be noted that the legislation does not oblige the employer to check whether the employee has other part-time jobs and working conditions for them. As a result, in practice, a situation is possible when an employee, without notifying the employer about other places of work, concludes another contract, in which the established restriction on working hours will no longer be observed. The identification of such facts without special verification is quite problematic, however, if they are discovered, there is no reason to hold the employer liable due to the absence of his fault.

What documents need to be requested from an external part-time job in order to set him an eight-hour working day at a part-time job

If a part-time employee is free from his main job on any day, then he can work part-time on that day a full (including eight-hour) working day (Article 284 of the Labor Code of the Russian Federation).

Formally, the Labor Code of the Russian Federation does not oblige the employer of an employee - an external part-time worker to document the release of the latter from the main job. At the same time, in order to avoid disputes with inspection bodies and organizations, it is better to document the release of an employee from the main job. Such confirmation can be, for example, a work schedule at the main place of work, an order from the main place of work to start downtime, a statement about the suspension of work by an employee, etc. The employee - external part-time worker has the right to request certified copies of these documents from the employer at the main place of work and provide to the employer with whom he is employed part-time (Article 62 of the Labor Code of the Russian Federation). In addition, the employer for whom the employee works part-time can directly request such documents from the main employer, subject to the general rules for working with personal data.

When setting a full-time part-time employee, the employer should remember to limit the total working time during the accounting period.

Prohibition of partnership

citizens who are hired with harmful and (or) dangerous working conditions, if their main job is related to the same conditions (part 5 of article 282 of the Labor Code of the Russian Federation);

citizens who are hired to work related to driving or driving vehicles, if they perform the same labor duties at their main place of work (part 1 of article 329 of the Labor Code of the Russian Federation). The list of positions and professions to which this restriction applies is approved by Decree of the Government of the Russian Federation of January 19, 2008 No. 16;

Bank of Russia employees holding positions, the list of which is approved by the Board of Directors of the Central Bank of the Russian Federation (Article 90 of Law No. 86-FZ of July 10, 2002);

security guards in relation to public service and paid work in public associations (Article 12 of the Law of March 11, 1992 No. 2487-1);

persons in command and employees of the federal courier communications, employees of the personnel of the bodies of the Foreign Intelligence Service of Russia, employees of the Federal Security Service of Russia (except for teaching, scientific and other creative activities) (part 5 of article 9 of the Law of December 17, 1994 No. 67-FZ, part 5 article 18 of the Law of January 10, 1996 No. 5-FZ, part 6 of article 16.1 of the Law of April 3, 1995 No. 40-FZ);

judges, prosecutors, lawyers (except for teaching, research and other creative activities) (paragraph 3 of article 3 of the Law of June 26, 1992 No. 3132-1, paragraph 5 of article 4 of the Law of January 17, 1992 No. 2202-1, clause 1, article 2 of the Law of May 31, 2002 No. 63-FZ);

members of the Government of the Russian Federation (except for teaching, research and other creative activities) (Article 11 of the Law of December 17, 1997 No. 2-FKZ).

In addition, the possibility of combining for the heads of individual organizations is limited. In particular:

heads of unitary enterprises are not entitled to work part-time (except for teaching, scientific and other creative activities) (clause 2 of article 21 of the Law of November 14, 2002 No. 161-FZ);

heads of security companies are not entitled to be in the public service and perform paid work in public associations (Article 12 of the Law of March 11, 1992 No. 2487-1);

rectors of educational organizations are not entitled to combine the positions of president of educational organizations of higher education (clause 12, article 51 of the Law of December 29, 2012 No. 273-FZ).

The heads of all other organizations have the right to work part-time only with the permission of the authorized body of the legal entity or the owner of the property of the organization or the person (body) authorized by the owner (part 1 of article 276 of the Labor Code of the Russian Federation).

If the organization mistakenly hired an employee who is forbidden to work part-time, he will have to be fired under paragraph 11

We ask you to advise on this issue: is it necessary to charge an allowance for the length of service to an external part-time worker?

An external part-time worker needs to accrue an allowance for length of service, if this is provided for by collective or labor agreements or other local regulations. The seniority bonus in budgetary organizations is paid to employees in accordance with federal laws or other regulations, which are developed on the basis of documents developed by ministries and departments. The seniority allowance in commercial organizations is prescribed by a collective agreement or other local regulatory act, such as a regulation on remuneration, a regulation on allowances, etc. Part-time workers working in areas where regional coefficients and wage bonuses are established are paid taking into account these coefficients and bonuses. In the regions of the Far North and equivalent areas, on the basis of articles 316, 317 of the Labor Code of the Russian Federation, both regional coefficients and percentage bonuses for work experience in these regions and localities are established. Part-time workers are entitled to both.

An employer can, and sometimes is required to, set bonuses to an employee's salary based on the employee's length of service. The types of such allowances and the procedure for their payment, including the calculation of the length of service for payment, are regulated by regulatory documents or local acts in force in the organization, collective or labor contracts.

For example, for federal budgetary institutions, a list of incentive payments for continuous work experience and length of service is defined, approved by order of the Ministry of Health and Social Development of Russia dated December 29, 2007 No. 818. This list is advisory in nature, and institutions have the right, at their discretion, to choose from it those types of incentive payments that will accrue to employees. Thus, the seniority bonus is paid if it is provided for by collective agreements, agreements, local regulations of the institution.

According to the Decree of the Government of the Perm Territory dated December 28, 2012 No. 1590-p, incentive payments are established for employees of budgetary healthcare institutions for the duration of continuous work in healthcare institutions. The length of service includes the time of continuous work both at the main place of work and at part-time work in any positions, including the positions of doctors and pharmacists-interns in healthcare institutions, regardless of departmental subordination (clause 2.1.2 of the general conditions approved by the decree Government of the Perm Territory dated December 28, 2012 No. 1590-p). At the same time, uninterrupted work experience is retained upon admission to work in healthcare institutions in the absence of other work during the break, as a general rule, no later than one month from the date of dismissal from the previous job.

From an article-by-article commentary to the Labor Code of the Russian Federation

Article 285

Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract. When establishing persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed. Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account these coefficients and supplements.

A comment:

The commented article consolidated the norms previously provided for by the established provisions. This work is still paid at rates (tariffs, rates, salaries) that are similar to the main one, but in an amount proportional to the part-time work performed, for the hours worked. The remuneration of a part-time job depends on the output, as well as on other conditions specified in the part-time employment contract.

As already noted, in accordance with Article 285 of the Labor Code of the Russian Federation, with a time-based wage system, wages are determined in proportion to the hours worked, with piecework - depending on output or on other conditions determined by the employment contract. If, with time-based remuneration, normalized tasks are set for a part-time job, remuneration is made according to the final results for the amount of work actually performed.

The minimum wage for part-time workers is determined taking into account the fact that they do not work full time, but only part of it.

Remuneration for work in cases where work is performed in special conditions, in conditions that deviate from normal, is made at an increased rate, in accordance with the provisions of Articles 146-154 of the Labor Code of the Russian Federation. Part-time workers working in areas where regional coefficients and wage bonuses are established are paid taking into account these coefficients and bonuses. In the regions of the Far North and equivalent areas, on the basis of articles 316, 317 of the Labor Code of the Russian Federation, both regional coefficients and percentage bonuses for work experience in these regions and localities are established. Part-time workers are entitled to both.

Separately, regulations establish rules on the payment of percentage bonuses to part-time workers for continuous work experience. These allowances must be paid:

• medical workers holding part-time positions in healthcare and social protection organizations financed from the federal budget and the budgets of the constituent entities of the Russian Federation (Decree of the Government of the Russian Federation of February 28, 1996 No. 213 “On bonuses for the duration of continuous work for medical workers holding part-time staff positions in healthcare and social protection organizations). The procedure for paying percentage bonuses is regulated by the Decree of the Ministry of Labor of Russia dated October 8, 1992 No. 18 "On the establishment of bonuses for the duration of continuous work for doctors, pharmacists and other employees of healthcare institutions and social protection of the population", Regulations on the remuneration of healthcare workers of the Russian Federation (approved by order of the Ministry of Health of Russia dated October 15, 1999 No. 377) and the letter of the Ministry of Health of Russia dated April 4, 1997 No. 2510/23579732 “On the procedure for paying bonuses for the duration of continuous work to medical workers working part-time”;
• civilian personnel of the bodies of the Ministry of Defense of the Russian Federation, in accordance with clause 1 of the Regulation on the calculation of the length of service of civilian personnel of certain bodies of the Ministry of Defense of the Russian Federation for the payment of a monthly bonus for length of service, approved by Order of the Ministry of Defense of Russia dated March 2, 2001 No. 90;
• employees employed part-time in the bodies of the Ministry of Emergency Situations, in accordance with clause 1 of the Regulation on the calculation of work experience for the payment of a monthly percentage bonus for employees of certain bodies of the Ministry of Emergency Situations of Russia, approved. Order of the EMERCOM of Russia dated March 23, 2001 No. 141;
• employees of certain bodies of the FAPSI, on the basis of paragraph 13 of Appendix 1 to the Order of the FAPSI dated June 8, 2001 No. 142 “Conditions for the payment of a monthly allowance for complexity, tension, high achievements in work and a special mode of work, a monthly allowance for length of service, bonuses based on results work and provision of financial assistance to civilian personnel of certain bodies of the FAPSI.

Other incentive allowances are also possible, paid to part-time workers on the terms provided for by the collective agreement, agreements, local regulations of the organization.