Part-time full-time job in 2021

Duration of work of a part-time worker

If we turn to the Labor Code, it does not contain such a concept as “full-time” or “half-time”. However, they are often used to draw up staffing schedules or determine the number of employees.

An external part-time worker is understood as an employee who has entered into an employment contract with another employer to perform a regular type of work in his free time from working for the main employer. According to the Labor Code of the Russian Federation (Article 284), the duration of work of such an employee should not exceed ½ of the norm. If we consider the standard working time as 40 hours per week, then half will be 20 hours per week or 4 hours per day.

Important! On those days when the main employer’s employee is released from his work duties, he has the right to work for the employer for a full working day.

However, the total duration of work for a month cannot be more than the monthly norm established for the same category of workers. That is, full-time work is not provided for part-time workers.

What salary should be indicated in the employment contract of a part-time worker?

An employee’s salary is a remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, includes both salary and incentives (bonuses, additional payments, allowances) and compensation payments (for overtime work, work in night time, for work with harmful and (or) dangerous and other special working conditions, for work in areas with special climatic conditions, etc.).

The monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (job duties) cannot be lower than the minimum wage (Article 133 of the Labor Code of the Russian Federation).

Salary is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Part 4 of Article 129 of the Labor Code of the Russian Federation). Those. if the employee’s employment contract specifies a salary of 10,000 rubles, then this is the amount of money (minus 13% tax) that the employee should receive for a fully worked month, based on his work schedule and rest time. Most often, payment for a part-time worker or part-time employee is made in proportion to the time worked.

On the question of what exact salary amount to indicate in a part-time worker’s employment contract (full or proportional), several positions stand out:

1. The employment contract specifies the full salary in accordance with the staffing table. It is also stated that the employee is paid in proportion to the time worked.

2. The employment contract specifies part of the salary based on the employee’s current rate. For example, if a part-time worker is hired at 0.5 rates, then half the salary is indicated.

3. As in the second case, the part-time employee’s employment contract specifies part of the salary based on the employee’s occupied rate. But with a note that this is 50% of such and such salary for a full-time position. This is like a middle option, eliminating any ambiguity. As they say, “the wolves are fed and the sheep are safe.”

In all cases, in addition to the terms of remuneration, the employment contract must also specify in detail the working hours and rest periods of a part-time worker or part-time employee. Let's look at each option in more detail.

Example

Example 1: Ivanov I.I. At his main place of work at LLC Continent, he works from Monday to Thursday, and has a day off on Friday. In addition, he works part-time at Vega LLC, where he has the following work schedule: Monday, Tuesday - 4 hours a day from 18.00 to 22.00, closed on Wednesday, Thursday - 4 hours from 18.00 to 22.00 , on Friday - a full 8-hour working day from 9.00 to 18.00 (with a lunch break from 13.00 to 14.00). In total, Ivanov got 20 hours of work per week.

Example 2: Petrov P.P. works part-time at Vega LLC. The employment contract provides for remuneration based on the final result of work. Petrov, during the working hours established for him, fulfills the labor standard established for key workers. In accordance with this, Petrov’s remuneration is calculated based on the work actually performed by him.

What compensation is due to a part-time worker upon dismissal?

Part-time work is considered as legal as any other work activity. Of course, provided that a well-drafted agreement was previously concluded between the employer and the person. If the latter is available, the citizen is assigned all existing labor rights. This means that upon dismissal, a part-time employee is entitled to the same compensation as upon termination of an employment agreement with the main employee. Namely:

1. Remaining salary. Paid in accordance with the number of hours actually worked for which funds have not yet been provided to the employee.
2. Cash compensation accrued for unused vacation. Available to both external and internal part-time workers. The amount is calculated based on the number of days unspent by the resigning employee and multiplied by the average daily income for the last year. It is important to remember here that for each month worked a person receives 2.33 vacation days. In general, any employee, including part-time workers, has the right to 28 paid days of rest per year.

Moreover, if a person worked from 5.5 months to 11 (or more), then the vacation is compensated in full. But with work experience of up to 5.5 months, but not less than 2 weeks, the amount of payment is calculated based on the time of work actually performed.

Expert commentary

Gorchakov Vladimir

Lawyer

There is an opinion that part-time workers are not entitled to leave in principle. This is wrong. A part-time employee is considered the same employee as everyone else and, according to Article 286 of the Labor Code of the Russian Federation, has the right to vacation days. Moreover, these are provided during the same period as for the main position. Accordingly, in case of non-use of vacation, the part-time worker is entitled to compensation.

Therefore, if the employer withholds such a payment, then there is a violation of the Labor Code of the Russian Federation. In such circumstances, you can send a complaint to the labor inspectorate for an inspection. It is worthwhile to notify the unscrupulous employer of your plans in advance. Probably, the danger of control from higher authorities will encourage him to give away the funds due to the former employee.

Important! The only case when compensation for vacation is not due is the performance of labor duties under a civil contract drawn up between the employer and part-time worker. With this form of agreement, you should not count on payment.

And one moment. If a part-time worker is fired due to staff reduction or in the event of liquidation of the institution, he is awarded additional compensation in the form of severance pay. The amount is equal to the average monthly profit.

Moreover, a person has the right to payment of a similar amount 2 more times, but only if he is unemployed within 3 months from the date of termination of the contract. If the main place of work is still available, then there is no need to accrue additional severance pay.

Part-time full-time job

Important! In some cases, it is possible to establish a full-time work schedule for a part-time worker.

Despite the limitation on working hours, there are exceptions to this norm of the labor code. For example, for a certain category of health workers, for whom the duration of part-time work can be set to the same as for main workers. These include health workers living and working in villages or urban settlements. Such employees can be hired full-time (Government Decree No. 813 of November 12, 2002).

In addition, for some part-time workers whose working conditions for their main job have changed, an exception also applies. A full-time job is possible for them in the following cases:

• At the main place of work, a suspension of work was established due to a delay in payment of wages, the period of which exceeded 2 weeks (142 Labor Code of the Russian Federation);
• In the event that an employee at his main job is suspended from work for medical reasons for no more than 4 months. At the same time, he refused to be transferred to another job with easier working conditions, or if the company does not have a position to offer this employee (73 Labor Code of the Russian Federation). The same exception is established for company managers, their deputies or chief accountants. An additional condition in this case is that the employment contract at the main place of work is not terminated.

Part-time worker's remuneration

A part-time employee should not receive less for any reason other than due to fewer hours worked. Any infringement of rights from the series “he is from the outside” is a gross violation of the Labor Code.

An employer can pay a part-time worker’s salary in two ways:

• By number of hours. The amount that an employee in this position should receive per hour according to the tariff schedule is multiplied by the number of hours worked.
• Based on the amount of work completed.

If an employee is very valuable and the employer seeks to reward him, it is possible to give him a bonus. The amount is at the discretion of the employer. The basis for bonuses may be extensive work experience or a high level of qualifications.

Applying for a part-time full-time job

If the employee at his main place of work has certain circumstances specified above, then in order to transfer him to full-time work, the part-time employer must make certain changes in working conditions. This must be done in order to avoid violations of labor laws.

In this case, you will need to complete a certain package of documents. First of all, the employee must provide evidence that circumstances have arisen at his main place of work that allow him to work part-time full-time. Such documents can be submitted:

• Medical report or medical certificate confirming the health status of the part-time worker;
• An order from the main place of work confirming that the employee has been suspended from performing work duties;
• A copy of a document confirming the suspension of work with the main employer due to a delay in payment of wages (a copy of the notice or a copy of the order).

Supporting documents are attached to the application drawn up by the employee, in which he indicates a request to increase his working hours to the full rate.

After this, the manager issues an order indicating the period for which the changes will be in effect, as well as the amount of the salary. The employee's statement is indicated as the basis.

How to pay extra to the minimum wage

Additional payment up to the minimum wage is carried out on the basis of an order issued by the enterprise. In order not to issue orders for additional payment up to the minimum wage in relation to each employee, a single order can be issued to establish a minimum wage, which cannot be less than the minimum wage. Based on this order, the accounting department will make an additional payment each time if the real salary, taking into account actual work, is less than the minimum for the enterprise.

For a sample order for additional payment up to the minimum wage, see here.

When making additional payments up to the minimum wage, appropriate calculations are made and attached to the order journals. These calculations will subsequently need to be presented to inspectors.

Find out how the payroll is filled out from our article .

To carry out the calculation, it is necessary to subtract the fixed part of the salary (salary, tariff rate) from the minimum wage. But when comparing, premiums for working conditions should not be taken into account. The remaining difference should be issued as an additional payment to the salary based on the above order. If a part-time worker works part-time, the amount of the additional payment is calculated taking into account the rate coefficient applied to the minimum wage.

ConsultantPlus experts spoke about the nuances of calculating additional payments up to the minimum wage for internal and external part-time workers. If you don't have access to the system, get a free trial online.

All information about the procedure for calculating salaries and working with personnel is contained in our section “Salaries and Personnel” .

Please note: the amount of additional payment up to the minimum wage can be taken into account in labor costs. This is also confirmed by tax authorities (letter of the Federal Tax Service dated August 31, 2010 No. ШС-37-3/10304): since additional payments to the minimum wage made by the employer in accordance with Art. 133 of the Labor Code of the Russian Federation, represent an integral part of the salary, therefore, they can be taken into account for profit tax purposes in accordance with Art. 255 Tax Code of the Russian Federation.

Common mistakes when working with part-time workers

Labor law expert, publisher of the Aktion-MCFER media holding, Veronika Shatrova, notes three common situations that can lead to serious fines from the labor inspectorate:

“Firstly, there are employees who can work part-time only with the permission of their main employer. In particular, this rule applies to the heads of the organization - Art. 276 Labor Code of the Russian Federation. At the same time, it doesn’t matter what kind of activity the manager plans to do part-time: run another company or become a teacher. Therefore, if you hire a part-time manager, be sure to require an additional document - consent. Violation of this rule will cost the company 50,000 rubles under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Secondly, if this is a former civil service employee, do not forget to notify him of his employment according to the general rules . The fact that such notice was sent during the main employment of your part-time worker does not matter. Otherwise, the company risks running into a fine of up to 500,000 rubles under Art. 19.29 Code of Administrative Offenses of the Russian Federation.

Thirdly, many companies continue to mistakenly believe that since a part-time worker works no more than half the working time and receives a proportional salary, then vacation only for half the days of the generally established number of rest days. Such a misconception threatens the company with another fine from the labor inspectorate of up to 50,000 rubles - in case of a primary violation. And up to 70,000 ₽ - if repeated. These are the sanctions established in Art. 5.27 Code of Administrative Offenses of the Russian Federation.”

Dismissal of part-time workers

An employment contract can be terminated if a part-time employee is replaced by an employee for whom this position will be the main one. Companies with a small document flow often need a part-time accountant. Then the business grows, they hire a new full-time employee, and part with the part-time employee. This is fine.

Give your co-worker at least two weeks' notice. To do this, prepare a written notice and present it to the employee against signature. After this, issue a dismissal order, pay wages and compensation for unused vacation. Such dismissal is possible if the employment contract is concluded for an indefinite period. But a fixed-term employment contract cannot be terminated for this reason.

If a part-time worker resigns of his own free will, the procedure is the same as for regular dismissal. The only difference is in the work book, where the entry is made at the request of the employee.

Difficulties in drawing up a contract

The most common question when drawing up contracts for part-time workers is what amount of payment to indicate in the employment agreement: official salary, according to the staffing table, indicating that the employee is hired at 0.5 times the rate, 0.25 times the rate, etc., or an amount calculated based on the amount of time, which the employee must work.

Let us note that the legislation does not provide for specific requirements for the wording of the contract. But in order to avoid the possibility of ambiguous interpretation, the contract must be drawn up very clearly, specifically, with the maximum completeness of legal regulation.

Labor legislation does not contain such concepts as rate, 0.5 rate, etc. Therefore, in order to avoid misunderstandings, we recommend using the designations adopted by the Labor Code: full-time and part-time, indicating the work schedule of the part-time worker in the employment contract.

The most accurate, from our point of view, would be to indicate in the employment contract the official salary for a full day, the working hours of part-time workers, and remuneration taking into account the established hours of work.

Sample wording of remuneration conditions for an employment contract with an external part-time worker (2016), accepted at 0.5 rates:

• An employee is hired for the position of a nurse.
• The official salary for a 40-hour work week is 27,000 (Twenty-seven thousand) rubles.
• The employee is given a 20-hour standard week.
• Working hours: Monday-Friday 17.00-21.00.
• The monthly wage, taking into account the established duration of work, is 13,500 (Thirteen thousand five hundred) rubles.

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With whom can I enter into a part-time contract?

Part-time workers are employees who perform labor functions in their free time from their main job. This means that if a person does not have a permanent job, it is impossible to sign a part-time contract with him.

Part-time work for students after studying and extra work for retired grandmothers is not an employment contract with an external part-time worker at 0.5 rates, because there is no main job.

There are a number of restrictions on combination.

Citizens with restrictions on part-time work

Sick leave and maternity leave for part-time workers

Part-time workers are paid sick leave, just like other employees under employment contracts.

to internal part-time employees in the same way as regular employees: to calculate, add up the remuneration for the main place and part-time position. Calculate your average daily earnings taking into account all payments.

There is a special procedure with external part-time workers. Who pays sick leave depends on where the employee works on the day the sick leave opens and where he worked during the pay period. The calculation period is two calendar years before illness. If an employee gets sick in 2021, the payroll period is 2021 and 2018.

If possible, consult with an accountant to avoid mistakes. For those who are used to relying only on themselves, we have collected all the situations in a table.

A one-time benefit for the birth of a child is paid by one employer. An external part-time worker is entitled to this benefit if he did not receive it at his main place of work.