Whether the vacation is due to part-time workers. Features of granting leave when working part-time

The current legislation does not require, as a general rule, any formal permits from employers for the main job.

In accordance with Article 286 of the Labor Code of the Russian Federation, a part-time worker, both external and internal, is entitled to leave for both main work and part-time work.

The duration of the main annual paid leave of part-time workers cannot be less than 28 calendar days, i.e. less than the minimum duration established by Art. 115 of the Labor Code of the Russian Federation. If, by way of part-time employment, an employee holds a position for which the law provides for an extended annual paid leave, then on the basis of Art. 115 of the Labor Code of the Russian Federation, he should be provided with such an extended vacation.

Also, part-time workers employed in jobs with harmful and (or) hazardous working conditions, having a special nature of work, working in the Far North and equivalent areas, are entitled to additional annual paid vacations.

The current legislation does not require, as a general rule, any formal permits from employers for the main job. Exceptions to these rights are established by federal law. For example, it is not allowed to have a combination of persons under the age of 18 in heavy and harmful work, in work with a stressful working regime. Permission for a combination of jobs 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 the management of vehicles or traffic management are not allowed part-time work directly related to the management of vehicles or vehicle traffic management.

Leave for part-time work is granted simultaneously with leave for the main job. Thus, both vacations of an 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 grants him leave according to general rules in accordance with the sequence established by the vacation schedule, and pays taking into account the earnings accrued at the main job.

If the employee has not worked for another six months at a part-time job, and the employee informed the employer about the date of his vacation at the main job, including the division of it into parts or transfer to another time, the employer is obliged to provide him with the 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, may be a certificate from the main place of work about the time of the 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 unpaid leave in cases where the duration of the leave at the main place of work is longer than for the combined job. An employee has the right to take leave without pay, both for the entire period that is the difference between the duration of the leaves, and for a shorter period. Longer leave in this case can only be granted by agreement of the parties.

The time for granting a part-time vacation can be scheduled in the vacation schedule or negotiated in an employment contract. The vacation schedule is compulsory for both the employer and the employee.

The employee must be notified of the start time of the vacation against signature no later than two weeks before its start.

The duration of the annual basic and additional paid vacations of employees is calculated in calendar days and is not limited by the maximum limit. Non-working holidays falling on the period of the main annual or additional annual paid leave are not included in the number of calendar days of the leave.

The length of service, which gives the right to an annual basic paid leave, includes:

• actual work time;
• the time when the employee did not actually work, but in accordance with the labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations, the employment contract, the place of work (position) was retained, including the time of the annual paid leave, non-working holidays, days off and other days of rest provided to the employee;
• the time of forced absenteeism in the event of illegal dismissal or suspension from work and subsequent reinstatement at the previous job;
• the period of suspension from work of an employee who has not passed a mandatory medical examination (examination) through no fault of his own;
• the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.

• the time an employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of the Labor Code of the Russian Federation;
• the time of parental leave until the child reaches the legal age.

Payment for leave to an external part-time worker is made based on the earnings accrued to him at part-time work. The record of the length of service, which gives the right to annual paid vacations (Article 121 of the Labor Code of the Russian Federation), is kept separately at the main job and at the part-time job.

The part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced with monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced: a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not allowed to substitute monetary compensation for the basic annual paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as annual additional paid leave for employees engaged in work with harmful and (or) hazardous working conditions for work in appropriate conditions. (except for the payment of monetary compensation for unused leave upon dismissal).

Upon dismissal, a part-time employee is paid monetary compensation for all unused vacations.

At the written request of the employee, unused vacations may be granted to him with subsequent dismissal (except in cases of dismissal for guilty actions). In this case, the last day of vacation is considered the day of dismissal.

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time in whole or in part exceeds the term of this contract. In this case, the last day of the vacation is also considered the day of dismissal.

In the realities of modern life, situations are not uncommon in which a person performs work duties in two or more places, if time permits. If all these jobs are official (with the conclusion of an employment contract), then we are talking about part-time jobs. If several types of positions are combined for one employer, the combination is internal, and for different ones - external.

In this case, the main one is considered to be the employment where the employee spends the greatest amount of time, and the main feature of the main place of work is the storage of a work book in its personnel department.

Naturally, the employee spends much less time at part-time than at the main one. But this does not mean that for this reason he will have to rest less time. Let us consider how the Labor Code of the Russian Federation regulates the duration of leave when combining positions, what rules exist on this score, what financial resources are due to part-time workers when receiving leave and compensation and when not receiving it.

Legislative position of the Labor Code of the Russian Federation regarding combination of jobs and types of recreation

The Labor Code of the Russian Federation permits employees to perform other duties during the time not occupied by their main work, if they do not contradict their qualifications. This possibility is regulated in chapter 44 of the Labor Code of the Russian Federation. In particular, in the text of the Labor Code of the Russian Federation, there is a mandatory requirement for employers to consolidate relations with a part-time employee by an employment contract, which will also include a clause concerning the timely departure for the next vacation.

Remuneration for part-time work is carried out according to the regulations of Art. 285 of the Labor Code of the Russian Federation, the eligibility of going on "part-time" leave is noted in Art. 286, and the issues of vacation payments are regulated by Chapter 19 of the Labor Code of the Russian Federation, which deals with the issues of vacations for any form of employment.

Vacation rules for part-time workers

Let's analyze the provisions of the Labor Code, according to which, along with work, holidays are combined. There are several theses reflecting the general rules of vacation procedures for part-time workers:

1. The employer financed annual rest from work due to each worker must be simultaneous for all places where the employee is employed. You cannot rest in one place of work, while working at another.
2. An employer who gives the opportunity to work part-time is not entitled to refuse leave at the required time, coinciding with the "main" leave of the employee.
3. The combined position does not require compulsory 6-month work for the provision of annual leave. When receiving leave at the main place of employment, even in the case of a shorter length of service at the second job, the employee has the right to rest in advance.
4. An internal part-time worker who goes on annual leave receives it in two positions at once.

Leave issues

The law sets a minimum annual rest period of 28 days. Paid leave for no shorter than this period should be provided to part-time workers, despite the fact that they are employed significantly less time than in the main position. Since the vacation time of a part-time worker at all workplaces should be the same, there may be various options for combining their duration. How exactly can possible contradictions be resolved?

1. An extended vacation is provided for the employee at the main workplace. What about standard part-time leave? Holidays longer than 28 days are granted to certain categories of employees, for example, teachers have the right to rest for 42 days. If at the second job such an employee can only be given 28 paid days for a well-deserved rest, then the remaining two weeks should be provided to him at his own expense.

NOTE! The employer is not authorized to demand from a part-time worker documents confirming the dates of leave for the main position, but this is usually the practice. Such a document can be a certificate from the main employer, a copy of the vacation order, an extract from the vacation schedule.

2. Some employees are entitled to additional leave, which is given to them in addition to the main one (for example, workers in hazardous conditions, with small children, disabled people, etc.). Since this right does not disappear at another job, such an employee should receive additional leave there at the same time and the same duration as on the main one.
3. It may happen that the vacation at the main place of work turned out to be shorter than the vacation in combination. You still have to leave for work at the same time. The employer compensates the unused days financially.

How to pay for part-time vacation

Just like the main employees, these issues are regulated by the same article of the Labor Code of the Russian Federation. Vacation amounts are calculated based on the average daily earnings. For obvious reasons, for part-time workers, the amount will be less than for main workers, since they work fewer hours per day, and wages still depend on the output.

Unused vacation days are subject to monetary compensation in the same way as for key employees. If there is an overspending of the prescribed days taken for rest in advance, then upon dismissal the amount for them will have to be withheld.

NOTE! The timing of vacation payments for different jobs does not differ - the employee must receive the funds owed to him three days before the start of the vacation.

Other types of part-time vacations

In addition to the annual, providing for the payment of leave and sometimes additional, the law gives workers the opportunity to take some other types of leave. He also does not refuse a part-time worker. But depending on the types of vacation, important features must be considered.

Maternity leave, naturally, it is not transferable, therefore it is issued at once at all workplaces. A medical certificate confirming pregnancy at 30 weeks is provided to each employer, for which you need to ask the doctor to write it out in several copies. The expectant mother will receive payments due by law at the birth of a child only from one employer, she has the right to choose it herself.

For the calculation of maternity benefits, at least two years of experience in a specific workplace is decisive.

If it is 2 years or more both in the main job and in another (others), then the part-time mother will receive sick leave payments for pregnancy and childbirth at all her official places of employment.

Study leave the law obliges to give only the main employer, often this type of vacation is paid. A part-time student must measure his strength, combining not only several jobs, but also study. If you have enough time and energy for this, then part-time job will not be a hindrance. Part-time students who have received legal study leave from their main job will have to solve the problem with additional employment in one of the following ways:

• take on another job a few days at your own expense for the time required to pass a session or prepare and defend a diploma;
• attend an educational institution outside of working hours;
• agree on a special schedule for the period of employment with studies, if the employer does not mind and the nature of the work allows it.

Features of registration of vacations for a part-time job

As you know, the planning of vacation periods at the enterprise provides for scheduling. In the case of part-time workers, when you have to focus on the appropriate schedule of the main work, this can cause some difficulties:

• if the part-time employee knows the "main" vacation schedule, he informs about it at another job, and the management enters these dates into the schedule being drawn up;
• if the date of leave at the main job has not yet been determined, and a part-time schedule is already being drawn up, then the line where the date is indicated is left blank, and the entry “Part-time” is made in the “Note” column;
• for internal combination, two vacation documents are drawn up, separately for each position; although they will be identical, the only differences will be in the columns "Position" and "Personnel number".

For persons working part-time, annual paid leave is provided simultaneously with leave for the main job. If an employee has not worked for six months at a part-time job, then the vacation is provided in advance.

If at part-time work the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the employee's request, grants him unpaid leave of the corresponding duration.

Comments to Art. 286 of the Labor Code of the Russian Federation

1. A part-time worker is granted an annual basic paid leave of 28 calendar days. He also has rights to other vacations, subject to the conditions established in the Labor Code, in particular, unpaid leave.

2. If a part-time worker has more leave for his main job than for a part-time job, then the employee has the right to write an application for granting leave at his own expense so that the leave for the main and combined work coincides. The employer, having received such an application, is obliged to provide leave. But the employee must provide the employer with a certificate of the length of leave at the main place of work. The employer at the main place of work is obliged to issue such a certificate to him on the basis of Art. 62 TC. The duration of the main vacation can be specified in the employment contract, which is in the hands of the employee. This employment contract can be presented to the employer in a joint job.

What should the employee do if the part-time leave is longer than at the main place of work?

I work at my main place of work as a system administrator, the annual paid leave is 28 calendar days. In the same organization, internally I work as an occupational safety specialist. Concurrently, the leave is more than at the main place of work, since there is an additional leave for irregular working hours. The duration of the additional vacation is 5 calendar days. It turns out that at the main place of work I need to rest for 28 days, and in combination - 33 calendar days.

When it was time to go on vacation, the HR department offered me to take a leave without pay at my main place of work. However, it is economically unprofitable for me to take five days' leave without payment. What other options are there to use the difference of days, if the part-time vacation is more than at the main place?

Many work part-time, both external and internal. Often leaves for main work and part-time work are of different lengths. In accordance with part 1 of article 286 of the Labor Code of the Russian Federation, persons working part-time are provided with annual paid leave at the same time as leave for their main job. And the question of how to use the difference in the length of vacations is faced by many workers.

What to do if part-time leave is more than at the main place of work?

We see several options for using the difference in days between leave from the main place of work and part-time leave.

First option- the most obvious and widely used. For the difference in days, at the request of the employee, is provided. This option is convenient, but not always economically beneficial for the employee himself.

Second option, which is also on the surface. Start performing official duties for the job for which the vacation has ended. And in the second position, continue to rest. This option is not convenient when working internally. They may simply “forget” that for one of the positions the employee continues to be on legal leave.

The third option, which will help to even out the vacation, but it should be used if you do not plan to stay long at work. You can ask for the difference between vacations to provide a vacation on account of the next year, so to speak, in advance. With such a proposal, you need to contact the employer whose vacation is shorter. It must be understood that the employer is not obliged to provide leave for the period not yet worked - this is time. And second, when the time comes to use next year's vacation, it will become shorter, which is unlikely to bring joy to the employee.

Fourth option- use the extra days of rest earned during the year, for example, for donating blood, for working on a non-working holiday. If there are such days, then they must be added to the vacation upon application, and so equalize its duration. This option is more relevant for the main place of work, since some guarantees apply only to him.

Summarizing
If part-time vacation is more than at the main place of work, this is not a problem. You can always choose one or another option in order to equalize the duration of the holidays.

Often there are situations when an employee works two or three or more jobs at the same time. This type of employment - in free time from the main job - is called part-time.

There is an internal and external combination. Internal is understood as the performance of work duties for different positions in one enterprise. If the work is carried out in different organizations, one of which is the main one, and the second one is additional, this is external part-time job.

The right to rest when working part-time

Registration for each place of work occurs in the same way as during the main work - with the issuance of an appointment order and the signing of a separate employment contract. It must necessarily stipulate all the nuances of the work: the obligations and rights of the parties, the work schedule, the rate, the procedure for remuneration and the conditions for obtaining leave, the period of validity.

It is forbidden to work part-time for the following categories of citizens:

• minors;
• persons engaged in heavy work hazardous to health;
• in specific cases according to the Labor Code of the Russian Federation.

Basic

An employee working as a part-time employee has rights equal to those of the main employees. According to the Labor Code of the Russian Federation, each worker has the right to leave, which is mandatory for all employees in accordance with the organization. The schedule is approved for the next year by the head no later than fourteen days before the end of the year. A person works as an external or internal part-time worker; at each place of his work, he must go on vacation.

The employee has the right to receive notice of the date of the vacation period at least 2 weeks before the start.

Compliance with the schedule is imperative for the employee and for the company.

The procedure for obtaining leave at the place of combination is governed by the principles prescribed in the Labor Code of the Russian Federation, and more specifically in Article 286. It states that the use of leave for the main job and for additional employers should be the same in terms of time and duration. Each year, a person can take another vacation due to him, fully paid by the organization.

In situations where the time of employment of an employee in the employing firm does not exceed six months, you can use your right to vacation in advance. If the vacation periods are different in length, at the place of part-time work in another organization, you need to provide the person with a vacation for the difference at his own expense in a declarative manner.

Consider these situations:

Situation number 1: A part-time worker, having worked for three months, asked for leave for the next twenty-eight days according to the calendar. Even taking into account the fact that the six months stipulated by the law have not passed, the management can meet halfway and give a vacation in full.

Situation No. 2: The main employee asked the management for a vacation of 37 days. according to the calendar. Consists of: a 28-day part according to the main vacation calendar + 9-day additional part in the form of an incentive. At the place of his additional employer, the part-time worker writes a statement, and the company, in any case, gives him two types of leave: the next one lasting 28 days. and for the difference - 9 days unpaid.

Training

The rules according to which part-time employees can take educational leaves are regulated by Art. 287. Labor Code of the Russian Federation. It clearly states that study leave can be granted exclusively for the main job upon presentation of the necessary documents from an educational institution.

The law also does not provide for the payment of educational leave to part-time workers.

What to do in this situation? With other employers, you can either take unpaid leave at your own expense, or agree on a substitution or a rolling schedule, combining work with study.

Watch the video on providing educational leave to part-time employees

Maternity

Outside part-time workers can count on hospital benefits for all of their employers on general terms. Maternity leave can be taken simultaneously both at the place of the main job, and part-time at the request of a woman.

It is possible to determine whether this type of leave is required at the place of employment of a part-time worker in the case of official employment in all organizations within the last two years. In this case, it is necessary to issue a hospital bulletin for all organizations in which the maternity worker is employed. In the new form of the sick leave, in force since 2011, a mark on part-time work is provided.

Maternity leave for an internal part-time job is calculated based on the total amount earned - at the main place and part-time.

In this case, one sick note is taken.

When calculating, it is necessary to remember about the maximum limits of the employee's earnings for which insurance premiums are calculated. This rule does not apply to parental leave - this type of leave can be issued only with one additional or main employer, if desired, in a declarative manner.

How to register?

The main personnel documents for granting leave are orders in the form of T-6 or T-6a. They are drawn up according to the statements of employees. The calculation of vacation pay is made in a note-calculation of the T-60 form.

How many days?

Part-time managers often mistakenly believe that if a person does not work full-time, then he should also rest less. But this is not the case.

It doesn't matter at what rate and how many hours an employee works per week, he can rest as much as in his main job.

According to labor legislation, article 115 of the Labor Code of the Russian Federation, the minimum regular paid leave is 28 days annually. The calculation includes all calendar days (and weekends too), minus holidays falling on vacation. Leave that is not used for several years in a row constitutes a gross violation of the employee's rights, but responsibility for this lies on two sides: the employer and the employee.

• pedagogical workers (Article 334 of the Labor Code of the Russian Federation);
• health workers involved in the treatment of HIV patients.

Simultaneously in all positions

If an employee works for one employer in different positions, that is, he is an internal part-time worker, then he receives payment for his work at the same enterprise.

The duration of the working time of a part-time worker has its limits: no more than 4 hours per day (Article 284 of the Labor Code of the Russian Federation) and no more than half the norm established per month for certain categories of workers.

Here, working days per month are taken into account and divided by 2.

Example: for September 2019, with a five-day work week with a day length of 8 hours, the duration of a part-time job for September should be no more than 88 hours (176 hours / 2). The salary of a part-time worker cannot exceed half of the salary according to the staffing table for a specific position.

Compensation if the employee did not use

When an employee does not have time to take leave, he must be paid cash. Such a calculation is made for the days of vacation that have not been used (Article 127 of the Labor Code of the Russian Federation).

When transferring without dismissal, compensation payments are not allowed.

By submitting an application, the worker can take off all the vacations not received, subsequently quitting. In this situation, the last day on vacation will be considered the day of dismissal. An exception is the case when a person leaves due to the expiration of the term of the employment contract. Here, the duration of the vacation may exceed the validity of the contract, but all the same, the final vacation day will also be taken for the day of dismissal.

Termination of the employment relationship with a part-time employee is made in the same way as with the main employee. External part-time or internal does not play a role. If the dismissal occurs for any one position, when calculating the amount of compensation, earnings are taken exclusively from this place of employment. If there was a conclusion of a fixed-term contract with a duration of up to 2 months, leave / compensation in the amount of two days is required for each worked out month.

Additional vacation

An organization can reward a part-time employee with additional leave.

In what cases is given according to the law:

• in the form of employee incentives;
• with irregular schedule;
• when working in harmful and hazardous conditions. Here you should take into account how many hours the part-time worker worked out, since this type of additional leave is laid on the conditions of a fully worked day;
• for work experience.
• persons working in the Far North are given an additional 24 days; in regions equated to the Far North - 16 days.

Accrual of vacation pay

Vacation pay is accrued according to the general rules of calculation. Must be issued to the employee 3 days at least before the start of the vacation.

1. Calculate the average earnings for the previous 12 full months. It is calculated based on the working hours worked according to the time sheet, taking into account all coefficients and allowances, if any.
2. Then you need to define the settlement period. As a rule, this is 12 months, if the vacation is taken earlier than the worked out six months - 6 months. If some months in the period for the calculation were not fully worked out, it is necessary to apply a special formula for incomplete periods: Number of days in not fully worked out months = (Worked days by calendar x 29.3) / Total days by calendar)
3. The average daily amount of earnings is calculated:
   • in simple situations: the total average earnings are divided by 12 and then by the average of 29.3.
   • in situations with incompletely worked out periods, the total amount of earnings must be divided by the number of days calculated according to a special formula: months fully worked out x 29.3 and add the calculated days, based on the above formula.
4. Multiplied with the number of vacation days, usually 28.

Not included in average earnings:

• non-premium benefits;
• payments during periods of downtime of the organization;
• hospital payments;
• maternity payments;
• saved wages;
• payments for travel, compensation for meals, travel.

In the event that an employee takes several additional vacation days at his own expense, the company does not pay for these days.

Included in the average earnings:

• bonuses stipulated by the Regulations on Labor Remuneration;
• all allowances and coefficients;
• coefficient for the indexation of earnings at the enterprise;
• wages in kind and cash.

In one organization

An internal part-time worker is assigned a separate personnel number, and in all accounting documents - timesheets, staffing tables, he must appear twice: as a main employee and as a part-time employee, in order to ensure the correct calculation of working hours and earnings.

The vacation of an internal part-time worker is issued for each position separately, so if two different employees were going to rest.

Accordingly, vacation payments must also be calculated twice. And then summarize.

At different enterprises

Confirmation for granting leave to a part-time employee may be a document indicating the period of leave at the main place of work - for example, an extract from an order or, in any form, a certificate from the company. The employee must independently warn his management about the need and timing of obtaining leave at the second place of work.

The help is compiled according to the following sample.

Limited Liability Company "Enterprise"

LLC "Enterprise"

09/29/2014 No. 10/5

It was given to Petr Efimovich Ivanov, manager, that he was presented with paid annual leave from 01.10.2014 to 28.10.2014 (order of 15.09.2014 No. 10-o).

Help given: at the place of demand.

Head of OK Sidorova N.I. Sidorova

Taxation

Vacation and compensation payments for part-time workers are subject to insurance contributions to the Social Insurance Fund and PF on a general basis, as well as at the main place of employment.

Withholding of personal income tax is carried out in one organization, since an employee can receive deductions when calculating personal income tax from only one employer.

To select, you must write a statement to the head in a derived form listing the types of deductions and the date of application start. The employee himself can decide which employer will provide him with the deductions.

Part-time jobs should not be confused with part-time jobs or combined jobs. The first case is possible at the main place of employment, the second implies the temporary performance of professional duties.