Combination during vacation: features of calculating additional payments

If at one enterprise or in one organization two contracts are concluded with an employee at once, and he is an internal part-time worker, then according to labor legislation, annual leave is required for each of them.

Leave for such employees is issued on the basis of the provisions of Federal Law No. 197, issued in December 2001, and amended in December 2015.

In particular, Article 286 indicates that persons employed as part-time workers have the right to receive an annual vacation period simultaneously with the leave granted at their main workplace. In this case, the employee’s vacation period is not important. If he worked for less than six months, vacation time at an additional workplace (got on a part-time basis) will be provided in advance .

If the period provided is less than the vacation established at the main place of work, management is obliged to extend the vacation period at the additional place. At the same time, the employee is not paid for additional days of rest (he takes them at his own expense).

FAQ

Question No. 1: Is monetary compensation paid to a part-time worker for unused vacation?

Answer: If a part-time worker has not used his next annual leave, he has the right to receive compensation for it upon dismissal. The amount of vacation pay and compensation for part-time workers is calculated in the same way as for main employees.

Question No. 2 Is compensation due for part-time dismissal if I have worked for six months?

Answer: Upon dismissal, the organization must pay compensation to the employee for all unused vacations

Question No. 3: When applying for a part-time job, they drew up not an employment contract, but a civil law one. Worked at the company for 1 year. Under this agreement, is there compensation upon dismissal for unused vacation or not?

Answer: Under a civil contract, compensation for unused vacation is not provided by law.

The labor legislation of the Russian Federation is a rather voluminous publication, the summary of which not everyone reads. And even if he reads, he still cannot figure out some questions on his own. But such a question as compensation for vacation upon dismissal of a part-time worker remains a mystery. Let's try to popularize this topic.

Features of combination and part-time work

A part-time employee is an employee who, in one organization, in addition to his immediate obligations and functions, also performs some other work. Part-time workers also include those persons who, outside of their working hours, fulfill work obligations for another employer.

In this case, the permission of the main employer is not required, nor is information about the existence of a part-time job required. According to the law, in this case, the time allocated for combining should not exceed 4 hours a day, that is, 20 hours a week.

Combination and part-time work are actually two different concepts. When we talk about combination, we mean working in the same organization in several positions. And part-time work means working outside the main organization.

The main differences between part-time and combination:

There are no restrictions on part-time work; persons who are not yet 18 years old are not allowed to work part-time if we are talking about the same difficult, difficult and harmful conditions as in their main place.

These are the main differences between part-time and part-time jobs. Let's take a closer look at the concept of part-time leave.

What is the essence of combining positions in one organization{q}

The combination of two positions in one organization is clearly stated in the law, so if an employee agrees to this, first of all it is necessary to carefully study the article.
An employee who works in two positions at once in one organization will be required to perform additional duties for the two positions that he holds. Today, combination is relevant for many employees of one organization, and it is possible to do additional work both on a permanent basis and on a temporary basis, for example, when an urgent production need arises. The law does not provide for specific deadlines; everything depends on what the employer’s decision will be.

https://www.youtube.com/watch{q}v=m3iqlxa3T3s

The employer has every right to establish the duties and scope of such combination; the employee must only give his consent. Combining positions in a budget organization is usually called internal combination.

As soon as the employee agrees to perform additional duties, he becomes a part-time worker. Typically, in this case, both parties are interested: the employer gets the employee who will do the work, and the employee receives another salary and some other benefits provided by law.

If an employee is approved for a second position, then, according to the law of the Russian Federation, everything must be documented.

Vacation for a part-time worker

Chapter 44 of the Labor Code regulates and describes the peculiarities of the work of part-time workers, but Art. 286 examines in detail the leave for such an employee.

An employee holding a position under any type of combination has the right to leave. It follows that an employee who has the right to leave, of course, also has the right to receive compensation for non-use when released from office.

Leave for part-time workers

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Any employee, regardless of the length of his working day, has the right to the required 28 calendar days for rest. This figure is obtained by the following calculation: for each month worked, the employee receives 2.33 days of rest.

Art. speaks about this. 115 Labor Code, specifically part 3.

In Art. 93 of the same part of the code states that part-time work during the working day does not become a limitation for receiving full paid leave.

With a part-time job, there are no special provisions for establishing leave. At a minimum, the number of such days is 28, if, depending on the complexity and harmfulness of the conditions, as well as other factors, there are no additional days for legal rest.

In the above-mentioned Article 286, leave for a part-time worker is granted regardless of the main vacation schedule of other employees of the enterprise, simultaneously with the start of leave at the main workplace, regardless of the duration of the part-time job, even if he has worked for less than six months. In this case, according to the law, leave is provided in advance.

When the number of vacation days at the main job exceeds the number of those at a part-time job, the employee has the right to additional days of main rest, but without part-time pay.

The employee is obliged to notify his second employer about going on leave for his main activity. In this case, the employee’s absence from his place cannot be regarded as absenteeism.

Is compensation paid to internal part-time workers?

With internal part-time work, or the so-called combination, the vacation coincides with the main one. As for compensation payments, in cases where one employee performs the duties of another, for example, during maternity leave, then, of course, he has the right to receive them.

It is worth understanding that if the employment relationship is regulated by a legal employment contract, then compensation for 28 unused days is not due; the employee is obliged to use them as vacation. Cash payment is possible only if the vacation is more than 28 days.

And all payments for unused vacation are accrued upon dismissal of the employee. Even if the accountant for some reason did not accrue and pay for these days on the day of dismissal, such calculation must still be made later than the deadline.

Payments of compensation to a part-time worker

Any employee who has worked at the enterprise for more than two weeks, upon dismissal from the workplace, main or combined, must receive compensation for unused vacation in proportion to the days worked.

Compensation due for unused vacation is paid on the last working day, in monetary terms. Art. 140 of the Labor Code of the Russian Federation also describes the full calculation that is due when dismissing an employee:

• arrears of wages accrued on the day of dismissal
• payments related to non-vacation leave
• in some cases, such payments include severance pay
• other payments, bonuses and compensation, if any are specified in the agreement between the employee and his employer

If the employee was not at work on the day of his dismissal, then the employee must receive all his payments on the next or another day.

Calculation of compensation in connection with the dismissal of a part-time worker

Regardless of whether an employee works in a main or part-time position, the calculation of all compensation payments for unused legal vacation days is carried out in the same way. The formula for this calculation is as follows:

The number of days remaining unpaid multiplied by wages, calculated as the average daily wage.

To calculate the number of vacation days that were not used, it is necessary to multiply the number of days that the employee should receive for rest for each month of work by the number of days worked and subtract from this product those days that have already been used for rest. If in the last month he worked more than 15 days, then these days are counted as a whole month.

In other words, to obtain unused days, it is necessary to subtract from the allotted days those that have already been used.

According to the calculation methodology of the Ministry of Health and Social Development, all non-integer numbers are rounded to whole numbers in favor of the employee. These days do not include:

• absenteeism
• vacations that were not payable beyond 14 days
• child care days

To calculate compensation, you also need to know the average daily wage. It is calculated as follows: the amount of total earnings for 12 months / 351.6.

We multiply the resulting value by the already calculated number of days of unused vacation and get the monetary compensation that the employee should receive upon dismissal in addition to other payments. Total earnings include not only salary, but also all allowances, bonuses and other additional payments and payments to the employee for the last year.

What position (main, part-time or part-time) the employee works in does not matter when calculating vacation pay, as well as for receiving the amount of his compensation. Internal and external combinations are considered by labor legislation in the same order as the main job.

Labor relations, due to their diversity, often create difficulties for those who implement them. Many questions traditionally arise when regulating the activities of part-time workers.

Let's consider what guarantees are provided in terms of compensation for unused vacation upon dismissal of an employee employed under such conditions. Vacation compensation upon dismissal of a part-time worker

What does an order to combine positions include?{q}

An employee of the company, who is already on staff and performs a certain amount of work, decides to take on an additional load that goes beyond the scope of his current job functionality. How can he do this{q}

Essentially, in this case, independent labor relations between the company and the specialist come into force, which can be formalized in 2 forms:

• internal part-time job;
• combination of positions (professions).

There is a fundamental difference between the two forms that the company must understand. Namely: internal part-time work means performing work unrelated to the main one, at a time that is not occupied by the specialist’s main activity (Article 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time) is performed completely outside the scope of the employee’s main position.

G.V. Ivanov works as a mechanic at a manufacturing enterprise. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same company. He performs the labor functions of a cleaner after his working day as a mechanic ends, i.e.

Internal combination of positions assumes that a specialist continues to work within the framework of his main job duties and, in addition, during the generally established working day manages to perform other functions corresponding to another position. That is, a specialist is engaged in work to combine another position in parallel with his main work, at the same time (Article 60.2, 151 of the Labor Code of the Russian Federation).

G.V. Ivanov from the previous example works as a mechanic, but in addition, during the working day (from 9:00 to 18:00) he also has time to clean the workshop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within one production enterprise.

The above features also determine differences in the design of labor relations. Namely: for an internal part-time worker it is necessary to draw up a separate employment contract. When combining positions, the previous employment contract is sufficient, but an additional agreement must be issued to it.

If an employee wants and can work in 2 positions in the company at the same time, then the preferable option for him is to formalize additional relations with the employer in the form of combining positions. But for this it is important that the specifics of the work allow it to be performed without release from the main activity and at the main workplace.

The company can formalize the combination of positions by an additional agreement to the employee’s current employment contract, which, in particular, will specify what position he intends to combine, as well as the period during which the combination of positions will take place (Article 72 of the Labor Code of the Russian Federation).

In addition, for work combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, receive an additional payment, the amount (or calculation method) of which should also be fixed in an additional agreement to the employment contract.

The grounds for drawing up such an agreement when combining positions are the following documents (depending on who initiated the combination):

• the company’s proposal to combine positions signed by the employee;
• application from an employee requesting permission to combine positions.

At the same time, it is important for the company to remember that in the work book of a specialist who combines several positions, there is no need to reflect the fact of combination, since such an obligation is not provided for by law.

In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in the time sheet {q} In accordance with labor legislation, work on combined positions is not separately allocated in the time sheet. After all, an employee performs combined work in parallel, at the same time in which he is busy with his main job. Therefore, only the hours spent on the main work need to be recorded in the time sheet.

As mentioned above, if a company organizes a combination of positions, then the period during which such combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period {q}

The combination ceases to be valid, i.e. the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.

Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the employee’s combined powers, or you don’t have to do this - the combination will still be considered completed (unless the company has issued another order extending the employee’s combined powers).

In addition, the Labor Code of the Russian Federation establishes that at any time, both one and the other party can stop combining unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, you simply need to send the appropriate notice (if the initiator of the cancellation is a company) or a statement (if the initiator is an employee) to the other party no later than 3 business days in advance.

ATTENTION! If the initiator of the termination of the combination is the company, then it makes sense for it to acquaint the employee with the relevant notice against a receipt, so that later it does not turn out that he, since he knew nothing about the cancellation, continued to work for some time, combining 2 positions, for which he demands appropriate remuneration.

We invite you to read: What happens if you continue the transaction without renewing the contract

An employee can only count on additional work in one organization or in one institution, but this does not mean that the workplace can also be located in one place. For example, these may be completely different buildings, but the employer needs to carefully calculate everything so that the workplace is available to an employee who expects to cover two positions in one organization.

1. If an employee holds a position in his profession, he will have new responsibilities, although they may not be entirely delimited by official powers.
2. When an employee is promoted to a position, his responsibilities may expand and have clear boundaries, and the order in which work is performed may also change.

Combination can be of a different nature, for example, if the replacement of an employee is temporary, and also if the employee is taken on a second position for the entire time. In the second case, one of the parties will be able to terminate cooperation if it considers it necessary. In order for cooperation to be terminated, one of the parties must notify the other party in advance in writing. By law, three days are allotted for this; as soon as the period expires, the employment relationship is terminated.

If controversial issues arise, they can be resolved in court. Sometimes the position of director in different organizations can be combined, but such cases are exceptions and, as a rule, the agreement is drawn up for temporary combination; as soon as a new person is selected for the vacancy, cooperation of this kind is terminated. There are also a number of positions that cannot be combined. The following cannot be part-time workers:

1. Employees working for the government.
2. Judges.
3. Prosecutor's office employees.
4. Citizens who are minors.
5. Citizens who work in a hazardous enterprise and have dangerous or difficult working conditions.

Both parties can decide to assign additional responsibilities, but all this must be written down in additional working documents. If the employer believes that an employee of the organization can fill a vacancy, he sends him a written notification with an appropriate offer. The employee must sign this document if he agrees, or refuse to sign the paper.

The desire to take up a position can also come from the employee himself; for this, the employee needs to submit an application to his superiors, which will indicate that the employee is ready to take up the position.

If the employer agrees to accept the employee for the position, then he puts his signature, but if not, then the employer must give some kind of formal reply as to why the employee’s request was denied. Registration of combining positions in one organization should be carried out using a special application, but when drawing it up, you need to pay attention to the following points:

1. You should contact the employer using a specific form, indicating the full name of the organization, and also indicate the full name of the head of the institution.
2. The employee must provide full information about himself, his last name and the position he is employed at at the time the application is drawn up.
3. The request for appointment to a second position is stated briefly.
4. At the bottom there is a signature and the date when exactly the application was drawn up.

An order to combine positions in one organization does not have a specific form, so the document can be drawn up in accordance with the internal requirements that exist in the organization. As a rule, any order should cover the following points:

1. The type and scope of additional responsibilities of the employee are indicated.
2. The position for which the combination will be formalized is precisely indicated.
3. You can specify the period for which the combination will be carried out.
4. Combined salary amount.

Finally, the employee reads the order and signs.

Leave for a part-time worker is issued according to the following algorithm:

• the emergence of grounds for obtaining rest;
• submission of a handwritten application from the employee, which indicates the type of leave requested, its start date and desired duration;
• signing of the application by the immediate supervisor;
• employee verification of compliance with the stated dates and vacation schedule (applies to annual paid vacation);
• submitting the application to the director of the organization;
• signing an application and preparing an order;
• familiarization of the employee with the order.

Features of granting leave to a part-time worker

A part-time worker is a person who, along with the main labor functions, performs other work in the same organization (enterprise, institution, individual entrepreneur) or for another employer beyond the established working day. The duration of part-time work cannot exceed 4 hours a day and, accordingly, 20 hours a week. Employment does not require consent or information from the manager at the main location.

The main differences between part-time and combination

Important! Part-time work should not be confused with combination. Sometimes distinctions are made depending on the place of work. If additional employment is with the same employer, then this is a combination. If the other has a part-time job. This definition is incorrect. Part-time work can also be internal, i.e. with one employer. The differences lie in the work schedule - when combining, additional functions are performed during normal working hours, and when part-time, additional work is carried out outside of the working day.

Unlike part-time work, part-time work is carried out in excess of the established working hours

The specifics of regulating the labor of part-time workers have been defined. Article 286. Leave when working part-time

If the duration of vacation from the part-time employer is shorter than the main one, at the employee’s request, he is provided with additional days of rest without payment in accordance with the duration of rest at the main place. The employer does not have the right to refuse additional rest to a part-time worker under such circumstances.

Position of the Supreme Court. A part-time employee who has notified the manager of the need to grant him leave in connection with a vacation at the main place of work has the right not to appear at the workplace. Absence from work under such circumstances cannot be considered as absenteeism (para.

"d". P.

39 Resolution of the Plenum of March 17, 2004 No. 2).

No specific features have been established when determining the duration of leave for a part-time employee. The minimum paid vacation is 28 calendar days.

Additional leave for harmful conditions, special character, etc. is provided according to general rules. The exception is additional leave for irregular working hours.

Part-time work does not imply the possibility of an irregular schedule. Calculation of compensation for unused vacation

Results

Registration of imposing additional workload on a company employee can be expressed in 2 forms: internal part-time work and combination of positions. If an employee intends to perform labor functions in a position that requires distraction from his main job, then such labor relations must be formalized in the form of a separate employment contract on internal part-time work.

At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as issue an order to hire an internal part-time worker. If the additional position does not involve distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company.

Compensation for unused vacation at a part-time job

In accordance with Art. 140 of the Labor Code of the Russian Federation, upon dismissal, an employee receives a full payment on the last day of employment, including:

• unpaid wages for hours actually worked;
• compensation for missed vacation;
• individual compensations in accordance with an employment or collective agreement;
• severance pay in specified cases, etc.

Article 140. Terms of payment upon dismissal

For your information! The issue of compensation for unused time off has not been clearly resolved. To avoid disputes, it is recommended to use all accumulated rest days before dismissal. Otherwise, on a voluntary basis, the employer most likely will not compensate for the remaining days, and the court will not always come to the employee’s defense.

An additional basis for the dismissal of a part-time employee is the hiring of a permanent employee for the position he occupies. Upon dismissal for any reason, compensation for unused vacation is carried out on a general basis, regardless of the type of part-time job (external or internal).

The amount is determined as the product of the number of unused vacation days and the current average daily salary:

Comp. = Number of unused days x Wed. daily salary Formula for calculating compensation for unused vacation

Calculation of vacation days not taken off

In general, the number of non-vacation days is determined as the product of the total number of vacation days per month of work (28 days/12 months = 2.33 days for each month) and the number of months actually worked part-time. Vacation days used are subtracted from the resulting product.

When determining the number of months worked, the Rules approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169 apply. According to clause 35 of the Rules, less than half a month worked is not counted as vacation time, and more than half is counted as fully worked. P. 35 of the People's Commissariat of Labor of the USSR 04/30/1930 No. 169

Days not taken into account in accordance with Art. 121 TK :

• days of absenteeism;
• maternity leave;
• unpaid leave beyond 14 days per year.

Article 121. Calculation of length of service giving the right to annual paid leave

Example. Part-time worker Ippolit worked for 1 year 8 months 16 days at an additional job in a store as a cleaner, of which he missed 3 days, for which he was fired. Before dismissal, the employee was provided with 14 days of paid leave.

The vacation period is 20 months (12 + 8), since absenteeism is deducted from the length of service, and the number of days in an incomplete month without taking them into account is less than 15.

The number of days off is:

2.33 x 20 – 14 = 32.6

Applying the rounding rules, we get 33 full days of unused vacation, which will be taken into account when calculating compensation. Missed days are deducted from vacation time

Instead of calculating months and days yourself, you can use a convenient online calculator .

Calculator for calculating compensation for unused vacation upon dismissal

Calculation of average daily earnings

The procedure for determining the average salary is established by Art. 139 TK . When calculating, all existing income from the employer is taken into account, regardless of the grounds and source (general provisions on bonuses, individual bonuses, extra-budgetary payments, etc.):

• salary;
• premium;
• allowances and surcharges, etc.

Article 139. Calculation of average wages

In order to determine the amount of compensation for vacation not taken, income for the previous 12 months is taken into account. The resulting amount is divided by 12. The average number of days in a month for the purposes of calculating wages is taken to be 29.3 (taking into account the alternating length of the months and the short February).

Compensation calculation

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The result of our calculations is the amount to be paid to the unlucky truant Hippolytus as compensation for unused vacation:

Comp. = 33 x 136.5 = 4504.5 rub.

Ippolit should receive the specified amount upon dismissal, along with the salary due for days worked minus days of absenteeism, instead of receiving 4,000 rubles monthly. for tireless work and have free access to expired products. Formula for calculating compensation for unused vacation upon dismissal

If part-time leave was provided in advance, the days of leave that the employee actually earned are calculated in a similar manner. The result obtained is subtracted from the days actually provided. Based on the average daily earnings, the amount of deductions is determined, which is deducted in the final calculation.

According to the norms of current legislation, upon dismissal, every employee has the right to count on compensation for unused vacation if he worked at the enterprise for more than 2 weeks. Time and working conditions do not affect the employee’s right to claim the same rights and guarantees that other company employees have, even in the case of combining positions or professions.

Let's find out what kind of vacation compensation a part-time worker is entitled to.

1. Is vacation compensation paid to a part-time worker?
2. How long is the vacation for part-time workers?
3. Is vacation compensation due to a part-time worker replacing an employee who has gone on maternity leave?
4. Leave at the main place of work and part-time work
5. When is vacation compensation paid to a part-time employee upon dismissal?
6. How to determine the vacation period of a part-time worker
7. How is vacation compensation calculated for a part-time worker?
8. How is the number of vacation days calculated?
9. How to calculate average daily earnings and vacation compensation
10. Legislative acts on the topic
11. Common mistakes
12. Answers to common questions about how much vacation compensation a part-time worker is entitled to
13. ? Video tips. How is compensation paid for unused vacation?

How to apply for an internal part-time job

Labor legislation does not limit the types of activities in which applicants can be involved in work. Individual restrictions may be established by local regulations within the organization.

It is prohibited to engage persons under the age of 18 in such work if the weekly hours worked are exceeded. The second category of citizens who cannot be part-time workers are vehicle drivers. Additionally, the law identifies categories of workers to whom restrictions on the right to hold a second job apply.

The procedure for employing candidates, as well as the rules for organizing part-time leave and the main place of work are provided for by the following regulatory documents:

• Resolution of the Ministry of Labor and Social Development dated June 30, 2003 No. 41;
• Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1;
• Decree of the Government of the Russian Federation dated April 4, 2003 No. 49.

An external part-time worker is a person who carries out official work activities in different organizations.

Table No. 1 “Features of granting leave to an employee”

We invite you to read: Terms of refund for goods of proper quality

If two or more employment contracts have been signed with a citizen to permanently fill different positions within one company, then such an employee is defined by law as an internal part-time worker.

The vacation of an internal part-time worker has the following nuances:

1. Sick leave for pregnancy and childbirth is issued by order of the head of the company. To avoid drawing up several orders, a single form T-6a is used, which displays the woman’s going on maternity leave for all positions held at once.
2. After the birth of the baby, a woman applies for a monthly child care benefit. Money stops accruing after the employee returns to official work. The employer transfers money only for one position occupied.
3. While studying, a part-time student can continue working or write an application for additional leave. An employer cannot unilaterally terminate a contract with an employee due to training.

In no case should you confuse two different concepts, such as part-time and combination. Combining positions in one organization is in itself democratic. For example, a person may have another profession that will not correspond to the new position held. But there are still some limitations:

1. An employee can expect to hold two positions in only one organization and with one employer.
2. His work activity is limited in time, because the employee can work for one shift without staying late at his main job or working overtime.
3. Employees who have a lot of experience in this type of activity and have the appropriate qualifications can count on the position.

The procedure for combining positions in one organization must be included in the local documents of the enterprise, so that later no controversial issues arise that require consideration in court.

As stated above, when working on a part-time basis, a separate employment contract is drawn up. At the same time, he is subject to all the requirements that apply to similar contracts with regular full-time employees (not part-time employees).

ATTENTION! An internal part-time worker must have exactly two employment contracts: for the main job and for a part-time job.

In particular, the employment contract must contain information about:

• companies;
• a position that a specialist undertakes to perform in addition to his main job;
• wage system;
• work and rest regime, etc. (Article 57 of the Labor Code of the Russian Federation).

As a general rule, such an agreement must be drawn up in writing, in 2 copies (one for the company and one for the employee).

ATTENTION! The employment contract must include information that the employee holds the position on an internal part-time basis.

Is vacation compensation paid to a part-time worker?

By law, employees of enterprises who work part-time have similar rights to employees who are employed at their main place of work. Accordingly, unused vacations must also be compensated for part-time workers, as full-time employees working at their main place of work.

Compensation payments for vacation that did not take place will be calculated for all days when the part-time employee should have rested, but worked. That is, the part-time worker is entitled to compensation for vacation, and it is paid on a general basis.

Is vacation compensation due to a part-time worker replacing an employee who has gone on maternity leave?

It happens that a part-time employee becomes a part-time employee at the request of the employer to replace an employee who has gone on maternity leave or child care leave.

Since this type of combination of positions or professions is no different from other cases of part-time work, the part-time worker is still entitled to compensation for unused vacation. The law assumes that external and internal part-time workers will have equal rights.

Calculation of vacation pay for a part-time worker

But there are some nuances in paying for it.

A woman going on maternity leave can receive sick pay in both cases, provided that she has worked for each employer for the last 2 years.

But we must take into account that the maximum amount of such payments at each place of work is limited by law. But child care benefits will be provided only at one job of the woman’s choice.

Read more about maternity leave in the article: → “Arranging maternity leave.” Leave related to training A part-time worker cannot receive paid leave related to training (study leave). Attention Home Accounting for vacation and calculating vacation pay The realities of our time are such that the phenomenon of part-time work is becoming more and more common.

This concept can rather be described as positive. From the side of the worker, part-time work allows him to improve his financial situation.

Leave at the main place of work and part-time work

It often happens that a part-time worker did not go on vacation when he was given the opportunity to take an annual vacation at his main place of work. Here it is impossible to immediately say whether part-time leave will be compensated or not.

Labor legislation allows an employee to do what he thinks is necessary during the vacation period - rest or work. It turns out that he can work part-time even when he is supposed to rest at his main place of work.

However, the law also indicates that vacation at an enterprise where an employee works part-time must be provided simultaneously with vacation at the main place of work. But most often it happens that the employer does not even know that his employee is employed somewhere else, since the employee is not obliged to provide him with such data - this is his personal business, and this should not affect the relationship with his superiors.

Or the employer may know about part-time work, but do not have information about the rest time at the employee’s main place of work.

How to determine the vacation period of a part-time worker

In order to correctly calculate the amount of compensation upon dismissal, you must first determine the employee’s vacation period. To do this, you need to know what the law allows for a part-time worker:

• a part-time worker may ask the employer to provide him with additional days of rest at his own expense if the vacation at his main place of work is longer than at the part-time place;
• a part-time worker has the right not to appear at work when vacation has begun at his main place of work, and the employer at his part-time job refuses to let him go on vacation (this will not be considered absenteeism).

The vacation period does not include the time while the employee rested at his own expense (on additional days of rest), but not more than 2 weeks. Missing work days due to the fact that the employer did not allow him to go on vacation cannot be counted as absenteeism. These days must be included in the vacation period.

What changes may there be in the provision of leave during internal combination {q}

When combined, additional duties are performed at the same time as the main ones. Leave is granted under the following conditions:

1. The duration is the same as for the main position.
2. Payment – ​​calculation of average earnings is carried out taking into account additional payments for part-time work.

The amount of vacation pay is calculated separately for each position, and subsequently the results obtained are added up. Part-time work does not affect the duration of rest. If, due to complexity or other circumstances at the main job, the vacation turns out to be longer, the employee is given several days without accrual. Then the duration of rest will not differ.

Important! A part-time worker can plan a vacation even before he has worked for 6 months. Then the leave is granted to him in advance.

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For example, we can take the case when at the main job, as an incentive for a 28-day vacation, an employee is given an additional 7 days of rest. Then he writes a statement for a total of 35 days. Regarding the position where he works as a part-time worker, he will be granted leave of the same duration. However, out of 35 days, 28 are registered as regular vacation, and 7 as unpaid.

As an example, we can consider how vacation pay is calculated for an employee who simultaneously performs the duties of a manager and storekeeper. A part-time internal part-time contract has been concluded; the employee performs additional duties for 10 months. As a manager, he receives 28,000 rubles; the salary of a storekeeper is 17,000 rubles. There were no other charges other than wages. An employee writes an application for a 28-day vacation.

1. At the first stage, vacation pay is accrued for the main position. In the example given, the billing period lasted 12 months, but one of them was not fully worked out. The employee took a vacation for 28 days, and that month he was credited with 1,200 rubles. Based on these data, you can calculate the total earnings for the billing period: 28,000 * 11,1200 = 309,200 rubles.
2. Now the number of days in the billing period is determined. 11 months have been worked out in full, and for the one remaining calculation they use the formula: 29.3 * 3 / 31 = 2.84. The total number of days is found by addition: 11 * 29.3 2.84 = 325.14.
3. Average daily earnings are calculated: 309,200 / 325.14 = 950.97.
4. The amount of vacation pay for the main position is determined according to the formula: 950.97 * 28 = 26,627.16.
5. Now the amount of vacation pay for a part-time position is calculated. Here the period has been worked out in its entirety, the total earnings are 17,000 * 0.5 * 10 = 85,000.
6. Accruals for an additional place of work will be: 85,000 / 10 / 29.3 = 290.10; 290.10 * 28 = 8,122.8.
7. Total amount of vacation pay: 26,627.16 8,122.8 = 34,749.96.

Calculation of vacation pay for a part-time worker is carried out according to the same algorithm as for main employees. Leave is also granted for 28 days. For calculations, the number of days is multiplied by the average daily wage.

Vacation is calculated according to the following rules:

1. minimum duration – 28 days;
2. an employee can divide annual paid leave into several periods;
3. You can write an application at any time, but the employer is required to sign the application only 6 months after the conclusion of the employment agreement.

TMR * 2.33 = ChDO, where:

• PMR – full months of work and the current month of application, if the 15th has already passed;
• 2.33 – universal coefficient;
• NDO – number of days of rest.

Compensation calculation

Vacation payments to a part-time worker are paid separately for each place of work.

The Labor Code establishes that money must arrive in a person’s account a maximum of three days before the start of the vacation.

The amount of compensation will depend on the citizen’s salary, as well as on the time worked. The following actions are used in the calculation:

1. Establishing the average daily income of a citizen. To do this, the company's accounting department calculates the employee's annual profit. The resulting number is divided by 12 (the number of months in a year) and 29.3 (a fixed coefficient equal to the average duration of one calendar month).
2. Calculation of the number of days that the employee will rest. The daily salary is multiplied by the number of vacation days. This is the required compensation for vacation.

Combining positions in one organization also implies that annual paid leave may not be provided according to the position. But for this period the employee may be released from additional obligations. If the organization has additional finances, then it may well pay vacation pay to its employee. The law does not provide for any additional days for rest in a combined position.

But even if vacation is not provided for when combining positions in one organization, the employee may well count on vacation payments, since appropriate deductions were made to employees during the billing period.

How is vacation compensation calculated for a part-time worker?

To calculate the amount of compensation for unused vacation for a part-time employee upon dismissal, you need to focus on the general rules for calculating compensation for employees employed at their main place of work. You can use the following formula:

RKO = (OCDEO - FIDO) x SDZ,

where RKO is the amount of compensation for unused vacation;

OCHDEO - the total number of days of annual leave due to the employee;

FIDO - actually used vacation days;

SDZ is the employee’s average daily earnings.

If a part-time worker, like employees at their main place of work, has the right to additional rest, for example, for working in hazardous conditions, he has the right to receive compensation for it. The number of days of additional leave depends on the number of days spent at work in hazardous conditions.

Vacation rules regarding part-time workers

Let's analyze the provisions of the Labor Code, according to which vacations are combined along with work. Several theses can be highlighted that reflect the general rules of vacation procedures for part-time workers:

1. Every worker's annual vacation from work, financed by the employer, must be simultaneous for all places where the employee is employed. You cannot rest at one place of work while working at another.
2. An employer who allows a part-time worker to work is not entitled to refuse leave at the required time, coinciding with the employee’s “main” leave.
3. A part-time position does not require a mandatory 6-month period of service to qualify for annual leave. When receiving leave at the main place of employment, even if the employee has less experience at the second job, the employee has the right to rest in advance.
4. An internal part-time worker going on annual leave receives it for two positions at once.

How is the number of vacation days calculated?

Each employee of the enterprise is entitled to rest for 28 days of annual basic leave. Based on this, it can be argued that for each month of work he is entitled to (28 days / 12 months) = 2.33 days of vacation. You also need to consider the following rules:

1. Fractional numbers involved in calculating the number of days of rest are rounded in favor of the employee.
2. If an employee worked for more than half a month, he is counted as a full month. If less than half a month is worked, it is excluded from the calculation.
3. Vacation days on which the employee managed to rest are excluded from the calculation of compensation.

Legislative acts on the topic

Common mistakes

Error: The employer did not pay compensation for unused vacation to a part-time worker, since this employee is not an external, but an internal part-time worker and performs the duties of a woman who went on maternity leave.

Comment: Internal part-time workers, like external part-time workers, have the right to compensation for unused vacation.

Error: A part-time employee demands that the employer provide him with a longer vacation while maintaining his salary on the basis that the vacation at his main job is longer.

Comment: An employee does have the right to demand additional days of rest, but at his own expense.

Sample calculation of vacation pay for external part-time work

In case of extreme production needs, at the initiative of the employer and in agreement with the worker, this period can be extended to 2 years.

Failure to provide leave to a part-time worker for a longer period of time is a gross violation of the law.

Important The rights of all citizens working on the basis of an employment contract are protected by the legislation of the Russian Federation.

They relate to various aspects of employee activity, including annual paid leave.

Info If a person works at one job, then in this case he is paid a standard benefit, but what to do in cases where he combines this work with another, in his own company or another company? In this case, his rights will also be protected, and in some situations he will be granted additional privileges.

The employee’s right to rest Each employee has the right to go on vacation while maintaining not only his job, but also his average salary during the rest period.

Answers to common questions about how much vacation compensation a part-time worker is entitled to

Question No. 1: The employer for whom I am employed part-time does not allow me to go on vacation at the same time as the start of my vacation at my main place of work, on the grounds that I did not notify him about the combination at the time of employment. Is he right?

Answer: No, the employer is wrong. You are not obligated to inform him that you are taking a part-time job if this does not prevent you from conscientiously performing your job duties.

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Question No. 2: The boss does not want to let me go on vacation, while the vacation at my main place of work has already begun. But I'm afraid not to show up at work because he threatens to fire me.

Answer: You have the right not to go to work, even if your employer does not allow you. The main thing is to notify him according to all the rules about the vacation time at his main job. If you are fired, you will be reinstated to your job by court decision.

How to write a memo correctly

If the employer himself wants to offer a second position to his employee, then you should pay attention to the rules for drawing up a memo. A memo can be drawn up in free form, but the following points must be taken into account:

1. The full name of the organization, registration number and full name of the employee to whom the position is offered are indicated.
2. The document must have a title, most often this is a proposal for a combination.
3. There must be a brief proposal outlining the responsibilities that the new employee will have to perform.
4. If an employer makes a proposal to combine positions in one organization, the Labor Code of the Russian Federation stipulates that the proposal for the position must also indicate remuneration and the procedure for its provision.
5. The final stage is the signature and date of drawing up the memo.

As soon as all the nuances are agreed upon, the period of documentation begins, which includes two important stages:

1. An additional agreement is drawn up and signed between the two parties.
2. A special order is issued that approves additional payments and changes in the staffing table.

? Video tips. How is compensation paid for unused vacation?

The video reveals information about how compensation for unused vacation after dismissal is calculated⇓

Whether vacation compensation is paid upon dismissal of a part-time worker depends on the passage of the contract termination regulations through the entire chain. To pay for unused vacation, you need to familiarize yourself with the rules for calculating rest days at the place of additional work and methods for calculating the average salary.

It is also useful to find out about other benefits in connection with the termination of a part-time job.

1. Circumstances of dismissal from additional work
2. Regulations on vacation accrual
3. Procedure for granting rest
4. Features for part-time workers
5. Calculation of average for vacation pay
6. Compensation upon termination of the contract

Average earnings for temporary disability benefits

The calculation of average earnings, on the basis of which benefits are calculated, includes all types of payments and other remuneration in favor of the insured person, for which insurance contributions to the Federal Social Insurance Fund of the Russian Federation are calculated. This is stated in Part 1 of Article 14 of the Federal Law of December 29, 2006 No. 255-FZ (hereinafter referred to as Law No. 255-FZ).

ExampleEmployee of Buttercup LLC O.L. Lysenko was ill from January 19 to January 22, 2015. The employee's insurance period is 7 years 7 months. It is necessary to calculate the amount of temporary disability benefits for 4 calendar days if it is known that the following payments were accrued to the employee during the billing period.

When calculating average earnings, you should take into account the full amount of salary accrual, monthly bonus, vacation pay and additional payment for part-time work. Financial assistance paid to O.L. Lysenko for vacation, we will take into account only in the amount of the taxable amount, that is, in an amount in excess of 4,000 rubles. Financial assistance accrued in 2013 will not be included in the counted payments, but accrued in 2014 will be taken into account in the amount of 1000 rubles. (5000 rubles – 4000 rubles).

For 2013, we will take into account 368,000 rubles. (253,500 rubles. 38,500 rubles. 58,500 rubles. 17,500 rubles), and for 2014 - 505,000 rubles. (363,000 rub. 44,000 rub. 66,500 rub. (5,000 rub. – 4,000 rub.) 30,500 rub.).

The maximum base for calculating insurance premiums for 2013 is 568,000 rubles, for 2014 - 624,000 rubles. These amounts do not exceed the maximum tax base for calculating insurance premiums for the corresponding years.

The average daily earnings is 1195.89 rubles. ((RUB 368,000 RUB 505,000) : 730).

The employee's insurance experience is more than 5, but less than 8 years, so the benefit should be paid to him based on 80% of average earnings.

Let's calculate the amount of daily allowance. It is equal to 956.71 rubles. (RUB 1,195.89 × 80%).

The amount of benefit for 4 days of illness will be 3826.84 rubles. (956.71 rubles × 4 calendar days). When paying benefits, personal income tax in the amount of 497 rubles must be withheld from it. (RUB 3,826.84 × 13%). The amount of the allowance to be issued in person will be 3329.84 rubles. (3826.84 rubles – 497 rubles).

The procedure for calculating average earnings for vacation pay is established by Article 139 of the Labor Code and the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (hereinafter referred to as the Regulations on Average Earnings).

Additional payment for combining professions (positions) is taken into account when calculating vacation pay (subparagraph “k”, paragraph 2 of the Regulations on Average Earnings).

where 12 is the number of fully worked months of the billing period; 29.3 is the average monthly number of calendar days.

Example: Employee of Vladimir Fabrics LLC I.V. Sviridova wrote an application for leave from January 30 to February 9, 2015 (11 calendar days). In the billing period, the employee received a salary of 300,000 rubles, an additional payment for combining professions in the amount of 16,400 rubles, and an additional payment for keeping a child in kindergarten - 12,000 rubles. The calculation period for calculating vacation pay is 12 months. It has been completely worked out.

The employee’s earnings for the billing period will be 300,000 rubles. (300,000 rubles. 16,400 rubles = 316,400 rubles). We do not take into account the additional payment for keeping a child in kindergarten. This payment is of a social nature, is not payment for labor, and is not included in the remuneration system (clause 3 of the Regulations on Average Earnings).

The average daily earnings is 899.89 rubles. (RUB 316,400: 12 months: 29.4).

The amount of vacation pay is 9898.79 rubles. (RUB 899.89 × 11 calendar days).

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The amount of personal income tax withheld from vacation pay is 1,287 rubles. (RUB 9,898.79 × 13%).

The amount in hand will be 8611.79 rubles. (9865.13 rubles – 1287 rubles).

Circumstances of dismissal from additional work

In accordance with the law, every worker, regardless of working conditions and duration, has equal rights and guarantees with others, including leave and sick pay. The procedure for dismissing part-time workers is no different from the general regulations set out in the Labor Code.

There are three main reasons for dismissal:

• the employee’s own desire;
• agreement of the parties to the contract;
• initiative of the employer, including staff reduction and liquidation of the enterprise.

In the first two cases, the part-time worker simply writes an application to terminate the contract, and the manager issues a dismissal order, which may be accompanied by an entry in the work book, if it previously contained a note about hiring. The notification procedure for an employee of the administration is 2 weeks in writing, and the employee is notified of the layoff by management 2 months in advance.

It is unacceptable to fire a part-time employee while he is on vacation or temporarily incapacitated due to illness.

The date of termination of the contract should not coincide with a holiday or weekend: it is on the last shift that the accounting department makes the final settlement with the dismissed person, and the personnel department issues him a work book.

How is the combination paid?

Payment for combining positions in one organization is an important point. Payment can be of several types:

1. Fixed, that is, it is established in advance and written down in the organization’s local documents.
2. Piecework, in this case everything will depend on the work performed by the employee.
3. A salary that depends solely on additional duties and their implementation.

Additional payment must be made if an employee takes on additional work responsibilities; all these points are clearly stated in the Labor Code, since the service area and responsibilities can expand at the expense of a new employee, and the volume of work performed also increases.

Regulations on vacation accrual

Part-time workers within the enterprise and at external work have the right to annual rest. The procedure for provision is regulated by provisions common to all categories of workers, but with features inherent in additional activities.

It is also worth considering whether a part-time employee is entitled to compensation for unused vacation upon dismissal and the procedure for calculating it.

Procedure for granting rest

Art. 115 of the Labor Code of the Russian Federation establishes the duration of the main vacation provided to workers every year at 28 days.

The circumstance that an employee is employed at the place of activity part-time is not a basis for reducing rest. When calculating the break in the labor process due to a citizen, the following rules apply:

• for each month worked, 2.33 days of vacation are accrued: 28/12;
• fractional numbers are rounded to a whole value in favor of those sent on vacation - the figure 2.4 is converted to 3;
• Periods when the amount of time served by an employee in a month is less than half, for example, 13 days, are excluded from the calculation; or add up to a whole number if the number is 16 or more.

Leave is provided to employees according to a schedule approved by the manager, which does not coincide in the location of the main enterprise and the additional one. But the Labor Code establishes that a part-time worker is provided with paid leave for his main activity and at the same time for his secondary work.

For the first working year, vacation is due after 6 months. If the time for rest has not come due to additional service, days can be taken in advance.

Features for part-time workers

The Labor Code provides for restrictions in providing guarantees to workers involved in the production process at the second and third enterprises. Exclusively only at the main place of activity, a part-time worker receives preferences, as an employee of a company in the Far North region and when combining work with education.

Other features include the following:

1. During the vacation time provided by law, a part-time worker can continue to engage in work activities - the code does not prohibit this.
2. The synchronicity of the provision of rest for main and additional work is provided for in Art. 286 of the Labor Code, but the employer of a secondary enterprise may not know about leave at a permanent place. And the head of the main company does not always know about the employee’s third-party activities. Judicial practice shows that vacations for the main job and part-time work may not coincide in time.
3. The shortage of rest days for a secondary organization relative to the main enterprise is covered by submitting an application to the head of the additional place of work for vacation time without pay. If you refuse, the part-time worker may not go on shift, and missed days will not be considered absenteeism.

The rules for calculating rest are prescribed in Art. 120 of the Labor Code, they also apply to compensation for unused part-time leave. Holidays and non-working days are excluded from the defined period.

There is no maximum limit on the duration of the combined main and additional rest time.

What does an order to combine positions include?{q}

After signing the additional agreement, the company should issue a corresponding order.

Russian labor legislation does not contain a specific unified form for such an order.

At the same time, it should indicate which positions the employee will combine, for what period and for what additional payment. In this case, as a basis for combination, the order must specify the details of the additional agreement drawn up with the employee.

According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time worker to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on an internal part-time basis, in which, in particular, it should be indicated what additional work he intends to take on the employee, as well as at what hours he will perform it.

The prepared application must be submitted in writing to the company's human resources department.

As a general rule, after an employment contract is concluded, the company must issue an order confirming the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation). The same is true for internal part-time workers. This means that there will be two orders for hiring such an employee: for the main position and part-time.