Provision rules for external part-time worker
The right of a part-time worker to rest is guaranteed by Article 286 of the Labor Code of the Russian Federation. According to this article:
- part-time workers are entitled to paid vacation time annually;
- Leave for part-time work and the main place of work must be granted simultaneously.
The right to annual paid leave arises for an employee after 6 months of continuous work with a given employer. Before this period, it can only be provided by agreement between the employee and his employer (Article 122 of the Labor Code of the Russian Federation).
However, there is an exception to this rule for part-time workers. Even if the employee has not worked part-time for 6 months, leave for part-time work is granted to him in advance if two conditions are met:
- the employee asks for it; And
- during the same period, the employee takes leave from his main job (Article 286 of the Labor Code of the Russian Federation).
Calculation of vacation pay when working part-time
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.
According to the provisions of Article 115 of the Labor Code of the Russian Federation, regardless of whether a permanent employee or a part-time worker, an application for vacation days is written at the main or additional place of work, the minimum duration of rest is 28 days.
Number of vacation days
Vacation is calculated according to the following rules:
- minimum duration – 28 days;
- an employee can divide annual paid leave into several periods;
- 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.
The legislation uses a universal formula for calculating accumulated days of rest, which depend on the number of days worked. Namely:
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:
- 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).
- 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.
Is it necessary to take into account the order?
Typically, vacations are provided in accordance with the schedule approved by the organization in the order of priority.
However, in the case of part-time workers, the rule on priority established by Art. 123 of the Labor Code of the Russian Federation, does not work. Part 1 art. 286 of the Labor Code of the Russian Federation allows a part-time employee to rest at a time convenient for him in order to combine it with rest at his main place of work.
Expert opinion
Labor Lawyer Olga Smirnova
The basis for exercising the right to an extraordinary grant of leave to a part-time worker will be a certificate or an extract from the leave schedule at the main place of work, confirming that the employee intends to rest on the same dates.
How to correctly calculate the amount of payment to a part-time worker for vacation?
Vacation pay for internal and external part-time workers is calculated in the general manner. In this case, you should be guided by Article No. 139 of the Labor Code.
To calculate the amount of vacation pay you need to know the following data:
- reporting period;
- the amount of money earned during this time;
- the number of vacation days due.
Income is calculated for the last 12 months of part-time work. All types of payments provided for by the remuneration system are taken into account. When making calculations, you need to take into account whether vacation is provided in calendar or working days. In the first case, to determine the average daily earnings, it is necessary to divide the annual salary amount by 12 months, and then by 29.3 (the average number of days of the month).
Next, the resulting value is multiplied by the duration of the required paid leave. This will be the amount of vacation pay to be paid. If vacation is provided in working days, then the average daily earnings are determined by dividing the annual salary by the number of days worked during the reporting period. Then the resulting value is multiplied by the duration of rest.
If the part-time worker is internal, then the employer must accrue vacation pay for his main and additional work. The calculation of the monetary amount is carried out according to the approved algorithm, separately for each position. First, the amount of money is determined for the main place of work, and then for part-time work. Then the results obtained are summarized.
An example of calculating vacation pay for an internal part-time worker
Sidorov A.A. At the enterprise ZAO "Vector" he works in the main position of sales manager and additionally performs the duties of a storekeeper. A part-time internal part-time contract has been concluded with him. As a sales manager, Sidorov A.A. has been working since 2014.
Sidorov A.A. wrote an application for basic leave, lasting 28 calendar days, from November 25, 2021. First, vacation pay must be calculated for the main place of work.
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
Average daily earnings of Sidorov A.A. will be 40000:29.3=1365.19 rubles. For 28 days off, he should be accrued vacation pay in the amount of 1365.19x28=38225.32 rubles. Then part-time payments are determined.
The average daily earnings will be 30,000 x 0.5: 29.3 = 511.95 rubles. For a vacation lasting 28 calendar days, Sidorov A.A. as a storekeeper, they must accrue 511.95x28 = 14334.6 rubles. The total amount of vacation pay will be equal to 38225.32+14334.6=52559.92 rubles.
An example of calculating vacation pay for an external part-time worker
Ivanov I.P. I decided to take a vacation from November 25, 2021 at my main place of work for 30 calendar days. At TeploSystems CJSC he is entitled to paid leave for four weeks.
Calculation of vacation pay from TeploSystems CJSC:
- average daily earnings=37000:29.3=1262.8 rubles;
- vacation pay amount=1262.8x28=35358.4 rubles.
Thus, Ivanov I.P. as a part-time worker, leave will be granted for 30 days. For 28 days, vacation pay will be accrued in the amount of 35,358.4 rubles. The remaining 2 days of rest will be provided at your own expense.
Simultaneous provision - a right or an obligation?
In accordance with the provisions of the Labor Code of the Russian Federation mentioned above, an employee has the right to register time off simultaneously at both places of employment. However, the law does not oblige the employee to use this opportunity. The following rules apply:
- if an employee has taken leave at his main job, he can take it at a part-time job or not use this opportunity (in this case, leave from his main job and part-time leave will be granted at different times). Then the employee does not have the right to take advantage of preferential conditions at the place of part-time employment;
- If an employee has taken leave while working part-time, he is obliged to take it at his main place of work.
Expert opinion
Labor Lawyer Olga Smirnova
This position is supported by judicial practice. Thus, according to the Appeal ruling of the Novosibirsk Regional Court dated September 1, 2015 in case No. 33-7502/2015, the preferential conditions for granting vacations in Article 286 of the Labor Code of the Russian Federation are aimed at exercising the right to rest by a part-time employee. This rule provides for the emergence of an obligation to take leave at both places of employment only if the employee exercises the right to rest at his/her place of employment. The opposite norm is not established by law. Therefore, leave from the main place of work does not require simultaneous departure on part-time leave.
How leave is granted to external part-time workers under the Labor Code of the Russian Federation
At each enterprise this year, the time of absence of employees from work due to a well-deserved rest should be planned.
The duration and specific dates of leave must be reflected in the schedule. However, at the time it is drawn up by the part-time employer, the schedule may not be approved by the main job, as a result of which the employee cannot provide reliable information. In such a situation, the employee is included in the list of employees in the document, however, the columns with dates remain blank, and in the “note” section, a note should be made that the person has part-time status.
If vacation dates have already been approved by the main employer, then they should be indicated in the document of the company where the part-time worker works. All personnel documents for vacation registration are drawn up in the generally accepted manner. The basis for providing a person with rest time is the vacation schedule and the employee’s application displaying a request to be allowed on vacation. After a positive resolution has been applied to him, a leave order is issued. Before leaving, a person receives all the payments due to him and can rest for the agreed number of days.
Compensation for unused vacation
If an employee breaks the main employment contract and wants to give the part-time activity the status of the main one, then after negotiations with the employer, he needs to re-issue all the documentation. It is worth noting that with changes from this perspective, a person’s vacation experience does not suffer.
When going on vacation, the billing period will include the time spent working as a part-time worker. However, since his salary during this period was significantly less than what he was paid for his main activity, then when taking into account the part-time period in the calculations, compensation for absenteeism will be significantly lower than the amount of wages.
Internal part-time leave
If you work part-time in the same organization, the rules for granting leave do not change. An employee has the right to take both vacations at the same time, and if there are not enough days on a part-time basis, receive them without pay.
It should also be taken into account that in the case of internal part-time work, the same employer already has all the necessary documents confirming the planned dates of rest. Therefore, the employee is not required to additionally provide an extract from the vacation schedule at the main place of employment as a basis for exercising his right to simultaneous rest during the same period.
Changing the vacation schedule
Due to the extraordinary procedure for providing vacation to part-time workers, it is not necessary to include information about them in the vacation schedule.
Based on the certificate provided by the employee or an extract from the vacation schedule from the main place of work, such changes can be made at the request of the employer. But there is no rule obliging this to be done in the law. There is no practical point in making such changes: regardless of the content of the vacation schedule, the employer of a part-time worker will have to provide him with vacation simultaneously with his main job.
Each of the part-time employees' vacations when working on an internal part-time basis is formalized by its own order on its provision.
Other types of holidays
In addition to the annual paid one, a part-time worker has the right to other types of leaves guaranteed by labor legislation. This follows from Art. 287 Labor Code of the Russian Federation.
Maternity leave
For natural reasons, maternity leave is issued at all jobs at once. A sick leave certificate confirming your stay on maternity leave must be issued in several copies, one for each employer.
The place of maternity payments depends on which employer paid insurance premiums for the employee and for what period. If both the main employer and part-time employer have paid insurance premiums for the last two years, you can receive payments in two places.
Training
According to Part 1 of Art. 287 of the Labor Code of the Russian Federation, study leave is granted to an employee only at his main place of work. At the place of part-time employment, this issue will have to be resolved by agreement with the employer. To release an employee (including at his own expense) in this situation is the right, but not the obligation of the employer.
Additional
Additional leave for work in the Far North and equivalent areas (Article 321 of the Labor Code of the Russian Federation) is not provided to part-time workers. This follows from Part 1 of Art. 287 Labor Code of the Russian Federation.
Additional rest time for other reasons is provided to part-time workers in the general manner, as at the main place of work.
We hope you found this article useful. The article contains information about general rules of law and does not replace legal advice. Contact an attorney for an answer to your specific question.
Part-timer's leave
Current legislation does not, as a general rule, require any formal permission from employers for their main work.
In accordance with Article 286 of the Labor Code of the Russian Federation, part-time workers, both external and internal, are entitled to leave for both their main job and part-time work.
The duration of the annual basic paid leave for part-time workers cannot be less than 28 calendar days, i.e. less than the minimum duration established by Art. 115 Labor Code of the Russian Federation. If a part-time employee holds a position for which the law provides for extended annual paid leave, then on the basis of Art. 115 of the Labor Code of the Russian Federation, he should be granted such an extended leave.
Also, part-time workers employed in jobs with harmful and (or) dangerous working conditions, having a special nature of work, working in the Far North and equivalent areas are given the right to annual additional paid leave.
