Rules for granting leave to an external part-time worker. Granting leave when working part-time

If an employee officially works in two jobs, then he is either an internal or external part-time worker. In the first case, he works under two labor contracts with one employer (replaces two positions), in the second - under two labor contracts with different employers (Article 60.1 of the Labor Code of the Russian Federation).

Working part-time, the employee, along with the "main" employees, has the right to the next annual paid leave. Let's talk about how he can exercise this right.

Rules for granting leave to part-time workers under the Labor Code of the Russian Federation

Annual paid leave for part-time work and the main place of work is provided to the employee at the same time. With an external combination, this happens like this. At his main place of work, the employee goes on vacation in accordance with the vacation schedule. And at part-time work, the employer must provide him with leave in the same period on the basis of his application (Article 286 of the Labor Code of the Russian Federation). It is impossible to refuse a vacation to a part-time worker, as well as to demand from him any documents that would confirm the dates of his vacation at the main place of work. At least the Labor Code of the Russian Federation does not contain norms that give employers such a right. Although you can ask for a certificate from another employer for greater certainty, of course, you can.

With internal part-time employment, the employer simply provides simultaneous leave to the employee "for both positions he holds."

If the employee has been working as a part-time worker for less than 6 months and has already gone on vacation at the main place of work, because has the right to it there, then the “part-time” leave must be provided to him in advance. In other words, it is impossible to demand a six-month working off (Article 122 of the Labor Code of the Russian Federation) at a part-time job.

If the "main" vacation is more than "part-time"

It happens that an employee at the main place of work should be granted leave of a longer duration than for part-time work. Then, at the request of the employee, days that differ in the duration of the vacation can be provided to him without pay (Article 286 of the Labor Code of the Russian Federation).

Note that in such a situation, the longer duration of the employee's vacation must be confirmed by a certificate from the main place of work (or an extract from the vacation schedule from the main place of work). It will need to be submitted to a job where the employee works as a part-time job.

Part-time vacation in the vacation schedule

When drawing up a vacation schedule for the next year (Article 123 of the Labor Code of the Russian Federation), an external part-time job may not know when he will be granted leave at his main place of work. In this case, the planned vacation dates for this employee are not indicated in the schedule. And in column 10 "Note" you can simply note that the employee works as a part-time job.

If the vacation dates at the main place of work are known, then they are also indicated in the vacation schedule at the place of part-time work.

As for filling out personnel documents, in general, vacations for part-time workers are issued in a general manner.

Vacation pay while working part-time

The amount of vacation pay that must be paid to a part-time job is determined according to generally accepted rules - based on the average earnings of an employee at a part-time job (Article 139 of the Labor Code of the Russian Federation, clause 10 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

In case of internal combination, the same procedure applies. That is, one payment is calculated based on the average earnings at the main place of work, the other - from the average earnings at the place of work in combination.

By the way, in the order for the vacation of an internal part-time job, you must separately indicate the leave for his main job and part-time leave (although this will be the same period). To do this, you can use the form No. T-6a (approved by the Decree of the State Statistics Committee of 01/05/2004 No. 1), used to issue an order for several people. As a result, the same full name, start and end dates of vacation, number of vacation days, etc. will be indicated in two rows of the table, and the rows will differ from each other only in column 2 “Personnel number” and column 4 “Position ( specialty, profession)”, and also possible according to column 3 “Structural subdivision”.

If part-time work becomes "main"

It happens that an employee decides to quit his main job and make part-time work his main job. If the employer does not mind, then for this it is enough to conclude an agreement on changing the terms of the employment contract (Article 282 of the Labor Code of the Russian Federation).

But such a change in the employee's work activity usually affects the first vacation following it. The employee's vacation time will not be affected. It will partially include a period of part-time work and a new main place of work. But since usually “part-time” work brings less income than the main one, and this lower income will also be taken into account when calculating average earnings, the employee will most likely receive vacation pay in a smaller amount.

Quite often, enterprises employ part-time employees. Which means that they perform any duties not during the main working hours, but in their free time.

Moreover, they do it regularly, they receive it for regular pay, and their labor relations are regulated by an employment contract, which spells out all the nuances: the obligations of the parties, remuneration, the rights of the parties, the provision of leave to a part-time job, the duration of the contract, and so on.

Part-time leave and the basis for its grant

If there is a signed employment contract, then the employee receives the same rights and obligations as the employees who perform the main work. For example, vacation.

Are part-time workers entitled to leave? Undoubtedly. Moreover, the procedure for providing an employee with rest should be prescribed in the employment contract.

The next vacation for a part-time worker must be indicated in the vacation schedule of the enterprise, regardless of whether it is an internal part-time worker or an external one.

Usually, part-time workers try to warn employers in advance about the terms of vacation at their main place of work in order to combine these two holidays.

Legislative norms regarding part-time leave

The features of how leave is granted when working part-time are described in Article 286 of the Labor Code of the Russian Federation “Vacation when working part-time”.

In particular, it states that vacation must be annual and paid. The vacation of a part-time employee must coincide with the vacation at the main place of work by dates. If the part-time worker has not yet completed the prescribed six months, he is granted leave in advance.

The duration of part-time leave must match the number of days of leave at the main place of work. If the leave at the main place of work is longer than at a part-time job, then the employee is granted leave at his own expense for as long as the leave at the main job lasts.

How many vacation days are due to a part-time job?

Some employers believe that if a part-time worker works part-time (and according to the law he should not work more than four hours a day), then he needs to divide his vacation in half.

Is this true? Completely wrong.

Part-time leave lasts the same as the leave of the main employee, depending on the duration of the leave provided for this profession. For example, if an employee, both in the main profession and part-time, is a teacher whose vacation lasts fifty-six calendar paid days, then in both cases he goes on vacation for the indicated fifty-six days. Regardless of whether it will be an internal part-time vacation or an external one.

In addition, part-time vacation cannot be less than the established state minimum, that is, less than twenty-eight days. At the same time, vacation, as well as the vacation of the main employees, takes into account all calendar days, including weekends, but excluding holidays.

It is also worth remembering that non-use of vacation for several years is a violation of labor legislation by both the employer and the employee.

Additional leave for part-timers

As a part-time worker is entitled to regular full-fledged leave, he is also entitled to additional leave in the following cases:

• for irregular working hours;
• as an incentive measure on the part of the employer;
• for work experience;
• for the special nature of the work performed.

In particular, the last paragraph includes work that is harmful and dangerous, but it is necessary to take into account the number of hours worked by the part-time worker. Additional leave for harmful work is provided on a full-time basis, therefore, in order to receive such additional leave, part-time workers will have to work longer if they worked part-time.

Part-time maternity leave

p> The duration and procedure for such leave coincide with the provision of maternity leave at the main place of work. Moreover, an employee is entitled to maternity payments at both places of work - the main and additional ones - if she has worked for both employers over the past two years (even if she did not work a little by dates). In this case, a part-time employer must be provided with a sick leave (in this case, the medical institution is asked to issue sick leaves according to the number of employers). True, the state childcare allowance can be received only at one place of work (a woman can choose where exactly to receive it), and maternity payments for each place of work cannot exceed the maximum established amount.

The vacation of the internal part-time worker in this case is also no different from the vacation of the external part-time worker. Part-time maternity leave lasts the same as at the main place of work.

Part-time study leave

According to the legislation (Article 287 of the Labor Code), study leave is granted only at the main place of work on the basis of documents from the educational institution. Therefore, at a part-time job, an employee can either take a vacation at his own expense for this period, or continue to perform work duties - this will not be a violation of the law, because he does part-time work in his free time.

Is study leave paid to a part-time worker? In the same article 287 of the Labor Code (“Guarantees and compensations for persons working part-time”) it is clearly stated that student benefits are valid only at the main place of work, therefore, payment for study leave to part-time workers is not provided for by law. The only thing that a part-time employer can meet halfway is to allow the employee to perform his duties during this period, provided, of course, part-time work and without interrupting his studies.

Part-time vacation pay

Vacation pay for part-time workers is made on a general basis, in the same way as vacation pay for the main employees. Of course, if a part-time worker took several days at his own expense to adjust the vacation to rest at the main place of work, these days are not paid to him.

There may also be such an option that vacation at the main place of work is shorter than part-time vacation. In this case, compensation for unused vacation to the part-time worker can be made in monetary terms in agreement with the management of the enterprise.

How is holiday pay calculated

Vacation pay for key employees is calculated on the basis of average wages. Since the wages of part-time workers are usually calculated on the basis of hours worked, then the calculation of vacation part-time workers is based on the average daily earnings. In this case, all allowances and coefficients must also be taken into account.

Vacation pay for part-time employment must be paid in the same way as for the main employees: at least three days before the start of the vacation.

Compensation for vacation to part-timers

As mentioned above, a part-time worker whose vacation at the main job is shorter than part-time vacation can receive monetary compensation for the difference in days. He receives the same compensation upon dismissal for unused vacation days, regardless of the reason for dismissal.

Of course, if a part-time worker constantly took vacation in advance and overspent the days due to him, on the contrary, it is necessary to withhold the previously paid vacation pay from him.

Part-time work is a good way out of a difficult financial situation. In this case, the law does not provide for the formal permission of the main employer for such activities. In accordance with Art. 286 of the Labor Code of the Russian Federation, leave to part-time workers, both external and internal, must be provided both at the main place of work and at an additional one.

General provisions

Part-time work involves activities parallel to the main one, that is, a citizen is officially employed and performs a certain type of work in another organization (institution) in his spare time. At the same time, the employee has the main permanent place of work.

According to the provisions of the law:

Companion's salary

Compensation for part-time employees is calculated and paid in proportion to the number of hours worked by him for the reporting period, unless the employment contract or other agreement provides for a different payment procedure.

If a part-time job is set, then payment is calculated in accordance with the amount of work that he completed for the billing period.

Persons engaged in labor activity in the regions of the country where the law establishes the payment of the corresponding conditions is charged taking into account the established allowances and coefficients.

General provisions on the leave of an employee performing part-time labor duties

Along with the main employees, a part-time worker is entitled to annual leave with a payment corresponding to its duration.

The period of granting leave to part-time workers, both external and internal, at the place of additional labor activity, according to the law, may coincide with the period of annual rest at the main place of work. Its duration cannot be less than that established in Art. 115 of the Labor Code of the Russian Federation, i.e. less than 28 days.

If the amount of time worked is not enough to provide a vacation to a part-time job (less than six months), then the rest is provided in advance (on account of the future vacation period).

If the rest period of the employee at the main place of work does not coincide with the period provided by the employer at the additional place of work, then it can be extended by the corresponding difference in days. The number of rest days that make up the difference between the periods is not paid to the citizen. At the request of the part-time worker, the days of the difference in vacation periods can be used at their own expense.

The employee has the right not to combine vacation periods for the main and additional places of work, but to divide these periods at his discretion. For example, to be on vacation at the place of main activity and continue to work at the place of combining activities.

It is important to note that with a part-time worker who is external, he may not know at all when he will be given an annual vacation at his main place of work. In this case, no specific date is given. The "notes" column simply indicates that the employee performs his labor activity as a part-time worker.

part-time payments

In accordance with the law:

• calculation of payments in connection with the departure of an employee on annual leave is carried out in a unified manner, regardless of whether he carries out the main activity or works part-time, and is regulated by the Labor Code of the Russian Federation;
• the calculation of the number of rest days is carried out in calendar days (usually twenty-eight calendar days for normal working conditions);
• the billing period does not include holidays that are official days off;
• the total calculated rest period of the employee is increased by the number of additional days (additional leave) provided for by law, which are included in the total calculation of vacation pay.

If an employee combines the main activity with an additional one for one employer, then the calculation of vacation does not cause difficulties.

The total amount of payments for the vacation of an internal part-time worker is the sum of the separately calculated amounts of payments of the main employee and part-time worker, which are calculated separately depending on the duration of each vacation period. In this case, the days that make up the difference between vacation periods are not subject to payment.

In order to calculate the amount of holiday payments of an external part-time worker, it is necessary to determine the average daily wage of a part-time worker, taking into account all the allowances and coefficients that are payable to the main employees of a similar part-time job.

The transfer of vacation pay to the employee's bank account or the issuance of cash is carried out three working days before he goes on vacation.

Compensation for maternity leave

Along with the main place of work, the legislation provides for the provision of pregnancy and childbirth leave to a pregnant woman at the place of additional labor activity for the same period and on the same conditions.

An essential basis for receiving payments at the place of main and additional labor activity when a woman goes on maternity leave is the period of hours worked at each place of labor activity. This period should be the last two years for each place of work.

Unlike maternity leave (paid sick leave), a monthly allowance during the period of leave for the care of a part-time worker is received only at one place of work for a woman. In this case, the choice is made by the employee himself. Suppose a woman prefers to pay benefits at her main place of work, since the calculated payment will be much larger than at the place of additional earnings.

Vacation for a part-time student

With regard to study leave, it is provided only by the main employer.

At the place of additional labor activity, study leave is granted to a part-time worker, if possible and with the consent of the employer.

The employer may, by agreement with the employee, reduce the number of working hours of a part-time worker for the duration of the educational process. In such cases, the payment of vacation funds is not made.

Leave period for an employee

According to the provisions of Russian legislation, an employee, regardless of whether he is the main employee or a part-time employee, has the right to annual rest.

In cases of emergency, annual leave may be postponed to a later date. Moreover, if the part-time worker did not go on vacation in the current year, then the rest is provided for the next year, taking into account last year's "debt".

Depriving a citizen of annual rest for a period of more than two years is contrary to the legislation of the Russian Federation and is subject to punishment in case of detection of such violations.

Vacation of a part-time worker employed in harmful working conditions

Unlike the main employee, a part-time worker can receive additional paid leave for carrying out activities in hazardous or harmful conditions only if the duration of his daily employment is at least four hours, and only for those days when he was busy performing labor activities in such conditions. .

Compensation for unused vacation to a part-time worker

In some cases, the dismissal of an employee at an additional place of work is allowed by law, provided that a citizen is accepted in his place, for whom this place will be the main place of labor activity.

Upon dismissal, leave compensation is provided to the part-time worker for all unused periods of rest.

Labor legislation for working citizens provides for the possibility of obtaining a part-time position. Usually, when calculating the vacation period for such an employee, certain difficulties arise, since it is necessary to take into account the coincidence of vacations at once at two workplaces.

Part-time work is a kind of addition to the main job, which can be performed in one company or enterprise (so-called internal) or carried out at once in several enterprises (be external). All issues related to the accrual procedure, in this case, are regulated in accordance with the provisions of Article 286 of the Labor Code.

According to this article, managers are required to provide vacation days at an additional workplace simultaneously with vacations at the main workplace. However, in practice, despite a clear indication of labor legislation, there are situations when employers refuse to provide vacation days for work duties performed as.

Difficulties are mainly caused by determining the duration of vacation periods and coordinating them with each other (at the main and additional place of work).

The main rules are as follows:

If the main vacation period is longer than vacation days established concurrently, the manager is obliged to provide vacation days from . The employer has no right to refuse the employee in this situation.

If the main vacation period is less than the vacation days granted under part-time job, employer or are issued in full with the payment of vacation funds. It should be noted that this situation is not considered in the legislation, since it is quite rare in practice.

If the employee has not worked at an additional place for a certain amount of time that allows him to qualify for a vacation, vacation days are provided in advance with full payment.

Employees have the opportunity to combine two holidays, but payments are accrued only for one workplace (it is determined by the employee herself - you can choose both the main and additional workplace).

Study-related leave cannot be combined. The employee must go on vacation at his own expense or continue to perform the duties of a part-time job.

With the internal combination of several positions (at one enterprise) with the design of vacation days, there are no special problems - both the manager and the HR department are aware of exactly when the employee should receive vacation.

With external part-time work carried out at different enterprises, the employee needs to write an application at the place of additional work. At the same time, a copy of the order for receiving a vacation period issued at the main place of work is attached to the application as evidence.

If at the additional workplace the employee is denied the satisfaction of the request, he has the right not to appear at the place of work for the entire period of leave granted at the main job. The countdown is from the first vacation day specified in the order. According to the decision of the Plenum of the Supreme Court number 2 of March 2004, such a failure to appear is not considered absenteeism.

Provision procedure

Despite the fact that the fulfillment of part-time labor duties does not take the entire working day, the vacation period is provided in full.

As for the accrual of payments for this period, they will be less than at the main place, since the actually worked time is taken into account in the calculations in the accounting department.

The minimum period of part-time leave is 28 days. determined by position. For example, teachers can claim 56 days of annual rest.

Various benefits are also taken into account. For example, hardship bonuses or enterprises (in the chemical or mining industry, etc.).

Each enterprise and organization has its own, which is compiled by employees of the personnel department in free form (or according to the unified form of the T-7 form) and signed by management. As a rule, this document indicates the beginning of the vacation period for each employee (month, not date!), but the end month may also be indicated additionally.

Based on this schedule, the employer sends a notification to the employee informing them that the vacation period is approaching.

Notification is made at least two weeks before the start of the holiday.

It is also customary to familiarize all employees with the schedule as soon as it is drawn up by the personnel department.

The specific period of vacation days is established on the basis of an agreement between the management of the organization or enterprise and the employee. But this period cannot go beyond the schedule approved by the employer. If an employee wants to rest during a period not provided for by the schedule, he needs to write an application.

This document contains:

• appeal to the management indicating the surname, name and patronymic, as well as the position;
  an indication of the full name and position of the employee who made the application;
• a brief request for a vacation period (“Please change the start date of the scheduled vacation period and grant 28 days of paid annual leave from May 23, 2016”);
• date of preparation of this document and the signature of the employee with a transcript.

Based on the application, the management issues an order indicating the beginning of the vacation period and its duration. Then the accounting department calculates payments. All accrued funds (so-called vacation pay) are paid within three days before the start of the vacation period.

Features of granting vacation to part-time workers

As mentioned above, employers at the place of combination may require confirmation of the fact of granting leave at the main place of work. The labor legislation does not oblige employees to submit any additional documents. But, if the employer continues to insist, you can present a copy of the order issued at the main workplace.

If the employee is not given the opportunity to get leave at an additional workplace, he may lose it altogether.

Providing a vacation period at a different time than at the place of the main job, including at the request of the employee himself, does not guarantee that the main workplace will be able to fully use the annual vacation period later.

That is, having freed up at an additional workplace, the employee will be busy at the main one. And vice versa, resting at the main workplace, you will have to work part-time.

It is for this reason that the employee should insist on the timely provision of vacations (with a combination) - this is his legal right, provided for by Article 286 of the Labor Code.

It is possible to perform duties in several positions at once. It can be internal and external. A citizen who has taken on more responsibilities can. It is provided by every organization. The rule is fixed by the Labor Code of the Russian Federation.

Attention

Working in several companies at once is reflected in the peculiarities of obtaining vacation pay and vacation arrangements.

Is vacation allowed when working part-time?

Features of interaction between an employee and an organization are regulated by the following types of regulatory legal acts:

• Labor Code of the Russian Federation;
• collective agreements;
• local acts adopted in a particular organization.

If a specialist works in several positions, he is entitled to receive standard benefits established by the Labor Code of the Russian Federation. The organization is obliged to provide leave:

1. Annual paid. Its period should coincide with the time of rest at the base place of work. If a person entered into an agreement with an organization less than 6 months ago, the employee can rest in advance. The part-time worker has the right to extend the period with the help of unpaid.
2. Additional. Only certain categories of citizens can take advantage of the privilege. A benefit may be granted if a person works in the regions of the Far North or in territories equated to them. Rest is provided in the presence of harmful working conditions or abnormal work.
3. It is issued due to disability arising in connection with motherhood. The citizen is obliged to provide the employer with an application and. The original document is provided at the place of the main labor activity. The duplicate must be certified by the main employer.
4. Student. It is allowed if the person receives the first education. The benefit is provided only at the main place of employment. Part-time workers can continue to work or take time off without saving. If a person decides to temporarily stop working due to studies, he must submit an application and a copy of the call certificate. The duration of the absence must be agreed upon. The employer, cooperation with which is carried out part-time, has the right to reject the application.
5. No payroll. It is granted if there is a good reason, and the employer agrees to release the employee for a certain period. The citizen must write a statement. The law fixes the list of citizens who have the right to use the privilege under special conditions. The list of persons is fixed by the Federal legislation. If the beneficiary has submitted an application, the employer does not have the right to refuse.
6. For irregular working hours. It is granted if a person works in accordance with a special schedule that exceeds the standard norms. The duration of the rest is established by the internal regulations or a collective agreement. It may be less than 3 days. The position of an employee entitled to additional rest must be reflected in local regulations or a collective agreement. You can get a privilege regardless of how many times a person was involved in labor activities at the wrong time.

Labor Code of the Russian Federation

The rules for granting leave are enshrined in the Labor Code of the Russian Federation. The process regulates. A person has the right to combine rest at the main place of work with the same period at an additional place of employment. The employer does not have the right to reject the requirements of a citizen.

To exercise the right, you need to make an application. The employer may ask for a certificate from the main company. The paper must confirm the fact of rest in the agreed period. However, the Labor Code does not oblige the employee to provide paper. A citizen may refuse to perform an action. The company does not have the right to reject the application due to the lack of a document. This will be a violation.

For your information

If the combination is internal, the company is obliged to provide a period of rest simultaneously for both positions. If a person holding several positions at once concluded an employment contract with an organization less than 6 months ago, rest is provided in advance. The rule is enshrined in article 122 of the Labor Code of the Russian Federation.

A person combining positions may not know when the next vacation will be granted. For this reason, information in the graph is not indicated on the additional work. However, in the “Note” column, the authorized employee must note that the person works part-time. The rule fixes . Features of payment for rest regulates.

Leave in your organization

If a person works in several positions in his organization, he is considered an internal part-time job. A citizen must perform additional duties no more than 4 hours a day and no more than half of the norm established for certain categories of workers. Leave is granted at the same time. The registration procedure is carried out for each position separately.

Vacation when working part-time in another organization

Attention

Leave is granted simultaneously in all firms. Additional employers are required to let the employee go on vacation, guided by the schedule of the main place of work.

In order for the company to agree to release the employee, you will need to write an application. The employer may ask for a certificate from the main place of work. However, a citizen has the right to refuse to provide paper. The Labor Code does not oblige to present documentation. The refusal of the employer to satisfy the application may be regarded as a violation of the rights of the employee.

Step-by-step design instructions

The scheme for obtaining a vacation when working part-time is as follows:

1. The person works out the prescribed period of time in the main organization. The term is regulated by the Labor Code of the Russian Federation. The person is released in accordance with the schedule established by the organization.
2. A citizen applies to an additional employer with a statement.
3. The company reviews the application and makes a decision. Additional help may be required. If the application is satisfied, the absence is processed according to the standard scheme.

If the prescribed period of rest for the main position is longer, the part-time worker has the right to take unpaid time off.

Vacation days

Among the leaders there was an opinion that the performance of part-time activities is reflected in the duration of the vacation. However, the argument is wrong. Regardless of the rate and the number of hours worked, a citizen has the right to rest for a period of time established by law.

The term is fixed in article 115 of the Labor Code of the Russian Federation. Its minimum duration is 28 days. Calendar days are taken into account, excluding holidays. If a person does not use the right for several years in a row, this is a gross violation. Responsibility lies with both the employee and the employer.

Additional Information

Calculation and payment of vacation when working part-time

Vacation pay must be paid in advance. The employer is obliged to make a calculation 3 days before the start of the holiday. The amount of vacation pay is individual for each specialist. To calculate the due amount, you will need:

1. Calculate average earnings. The amount is calculated for the previous year. The procedure is carried out taking into account the coefficients and allowances. Hours worked are recorded on the time sheet.
2. Define the calculation period. One year is taken to calculate the amount due. If a person receives leave before 6 months worked, then six months are taken. If a person has not fully worked for 1 or several months, the calculation is made according to the formula: number of days worked in a month = calendar output x by 29.3: total number of days.
3. The daily amount of earnings is determined. It is calculated according to the following formula: Daily amount of earnings = (Average earnings: 12 x 29.3) x Number of days during which the employee will be able to rest.

Not all income received is taken into account when calculating average earnings. Not taken into account:

• maternity;
• sick pay;
• benefits that are not subject to insurance premiums;
• travel allowances - travel expenses, compensation amounts for meals;
• cash for a simple organization.

If a citizen takes additional days at his own expense, the organization does not pay for this period.

Nuances

In practice, an additional position may become the main one. The start date of the scheduled holiday will change. Previously worked experience is not lost. However, the salary that a person received earlier will also be taken into account when calculating the due payment. It can bring down the amount. Calculation of subsequent payments will be made on standard terms.