For most Russians, one job is not enough to secure a decent life. Often have to work in several positions.

Part-time leave and the main place of work is an obligatory stage of cooperation, which must be strictly observed by merchants. It is impossible to deny a part-time partner his right to legal rest.

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Legislative regulation

A question of opportunity for a working person take a break from hard work covered by chapter 19 of the Labor Code of the Russian Federation, as well as by the norms of Federal legislation. In particular - Federal Law No. 181-FZ.

A person who officially has two or more works, is considered an external or internal part-time worker. In the first case, these are two different companies and two different ones, in the second - also two contracts, two positions, but the employer is the same (Article 60.1 of the Labor Code of the Russian Federation).

It doesn’t matter how much time a person devotes to a combined position, to him, as well as to his main job required to provide legal holidays in accordance with the schedule.

Persons working part-time are granted annual paid leave at the same time. Even if a person did not get a second position for a long time, even up to two months (Article 291 of the Labor Code).

Watch the video about part-time work:

Provision procedure

So, planned paid vacations at one and the other place of work, a citizen receives at the same time. Most often it looks like this: at the main place, the time for a planned rest comes up, an order is issued, a person calmly leaves to rest.

He does not need to do any special notifications. If it's the same institution, the CEO indicates in the order that the person has been sent on legal holidays in both positions.

In another company have to notify the manager in advance in oral and written form (Article 286 of the Labor Code). As a rule, in addition to the application, the vacationer attaches a relevant certificate from the place of work. Businessmen most often ask to provide it or stipulate this moment in advance, registering an employee for a combined position. And here a number of incidents are possible.

The first source of problems is the same supporting certificate from another employer. It can rather be attributed to the requirements of business ethics, since no one current law does not contain an imperative norm that would unambiguously fix this certificate as a binding document.

Help sample:

The authorities are not entitled to demand confirmation paper, as well as to refuse the application in its absence. Of course, here there is ground for abuse and possible conflicts between participants in labor relations.

The second point is different duration of holidays and different experience in the field.

For example, in one company a person has been working for more than five years, and in the second he has not worked for even half a year, but he is already asking for a vacation, because the time has come to rest according to the schedule in the “senior” place. The employer has to release the subordinate in advance (Article 122 of the Labor Code).

Refuse, referring to the fact that six months have not yet been worked out, the head of the institution is not entitled.

It may be that more days at the main place of work than by combination. This issue is regulated with the management of the company, which can provide the remaining days, as they say, at its own expense (Article 286 of the Labor Code).

Providing rest without maintenance – a right, not a duty superiors! In other words, here you should be prepared for failure. Especially if there is no supporting certificate from the main office.

Decor

The procedure for sending a person on vacation in both positions looks standard:

• the employee writes a statement of such a sample;

• the director issues an order to grant leave, an order is sent to the accounting department on the accrual of vacation pay and the preparation of papers;

• on the appointed date, the subordinate goes on a legal vacation.

At the stage of forming the schedule, the HR service may not know when a person who works part-time in their company has a scheduled vacation at their main place. In this case the time limit of the holidays in the schedule does not reflect.

The fact of combination is recorded in column 10 dedicated to notes. If in second place they know exactly when to let a person go to rest, then the dates are put on the schedule according to the usual rule.

Releasing the internal part-time worker to rest, the director notes in the order that this holidays both for the main position and for additional, even if it is one period. For this, form No. T-6a (Resolution of the State Statistics Committee No. 1 of January 05, 2004) is used, which is applied to the registration of several vacationers at once.

The same person listed, the filling in of the fields of the personnel number, position and sometimes the structural unit will differ.

Payment and its features

Are vacation partners paid? The rules for calculating vacation pay for such people are standard (Article 139 of the Labor Code, Government Decree No. 922). When accruing use the standard formula and rely on .

The vacation of the internal part-time worker is paid on special rules : accrual occurs under two different employment contracts (one contract for each position), and one person receives the payment - a part-time worker.

Sometimes it happens that a person leaves the first organization and part-time work becomes the main one. In this case, the formal procedure will not take much time, you can even not rewrite labor contract, a draw up an additional agreement(Article 282 of the Labor Code).

This will also not affect the vacation experience in any way, since it will include both the part-time period and the period of activity in the new place as in the main one.

As for payment, then everything is not so simple. People usually earn less in part-time jobs. Respectively, it is this level of salary that will be taken into account in the calculations and holiday pay is also usually reduced.

Nuances

As in all office work, the field of vacation registration is not without contradictions and nuances. For example, To resolve the difference in the duration of holidays in different companies, there are several options:

• the remaining number of days is provided without saving content in agreement with the head (the most common case);
• not to balance the difference in any way, but simply to return, for example, from the resort earlier and take on a second job, continuing to legally rest on the first one (it is inconvenient when combining positions in one organization, because when they see that a person has returned, they may be asked to work on their main duties);
• ask the boss to provide part of the days for next year;
• ask join for holidays earned during the year and not used time off (for example, for going out on holidays, for donation).

You can always find a compromise, it is important to know how vacation is provided to part-time workers.

Reasons for rejection

It is not uncommon for a worker, in response to a request for leave, to gets a negative response from the directorate. How to respond to this depends on the situation and whether the refusal is legitimate.

This is not only about situations where the question arises of vacations without pay, and the applicant himself does not belong to any of the preferential categories who cannot refuse such a request.

Sometimes it happens like this: external part-time already rested in the current working year. And so, he came again with the same request, referring to the fact that the time for a planned rest at the main place had come up for him and it was impossible not to let him go.

Here's a rejection CEO is legitimate, because there is a question about the planned year, which has not even come yet, and it is generally not known whether at that time this lover of relaxation will work in this company.

Nobody forbids the employer go towards the one who asks, especially if they have built a trusting relationship and the subordinate does not skimp on his duties. But also the requirements to provide time off on account of the next year the law also does not contain.

It is a completely different matter if the situation is standard, and the boss refuses, referring to, as it seems to him, serious reasons or does not explain at all. In this case, it is necessary notify the management first about the planned one, at the same time mentioning that complaints to the authorities will follow.

After that, it is necessary to send a complaint to, the FAS (if in parallel we are talking about financial fraud) and to the prosecutor's office. Better if one document send to several authorities at once. If the fact of a violation is confirmed, the self-governing boss faces administrative liability for violations in the field of labor laws (Article 5.27 of the Code of Administrative Offenses).

In labor relations, various incidents are possible. It is important to remember that they are all solvable. It is enough to know your rights.

What is the duration of a vacation with an internal part-time job?

The employee goes on vacation, combining the full rate and 0.3. What will be the duration of the vacation.

Question: With internal collaboration employee goes on vacation. For example, at full time goes on vacation for 28 calendar days, additional - 8 calendar days, additional leave for harmful working conditions - 7 calendar days. (43 days) With an internal part-time job, for how many days does an employee occupying 0.3 rates go on vacation?

Answer: Grant the employee a vacation of 43 calendar days. Internal part-time work - the performance of other regular paid work for the same employer under a separate labor contract (Article 282 of the Labor Code of the Russian Federation) in his free time from the main job.

Labor guarantees for a part-time job are provided in full, as well as for other employees (part 2 of article 287 of the Labor Code of the Russian Federation). Consequently, a part-time employee has the same rights as the main employee, in particular, the right to additional leave, if such is provided for by the position held.

What the employee works for part time, does not affect the duration of additional leave, i.e. He is entitled to full leave.
The current legislation does not link the procedure for granting additional leave for harmful working conditions with the length of the employee's working day (shift). It is only determined that such a vacation is established based on the results special evaluation and its duration should not be less than seven calendar days (Article 117 of the Labor Code of the Russian Federation).

So, according to labor legislation, for additional leave for harmful working conditions, only the time actually worked under the appropriate conditions is taken into account (part 3 of article 121 of the Labor Code of the Russian Federation). At the same time, the norms limit the duration of work during harmful conditions labor, which should be included in the length of service for vacation, is not established by law. Therefore, if an employee works in harmful conditions at a rate of less than 0.5, for example, 0.3 rates, then the employer is obliged to count this time into the length of service, which gives the right to additional leave.

Rationale

How to apply for a part-time job

In case of part-time work, the employee, in his spare time from his main job, performs other work under a separate employment contract (part 1 of article 282 of the Labor Code of the Russian Federation). Part-time work can be done both at the place of the main job (internal part-time worker), and in other organizations (external part-time worker) (part 3 of article 282 of the Labor Code of the Russian Federation).

The legislation does not limit the number of part-time jobs. That is, an employee is allowed to conclude employment contracts for part-time employment with any number of organizations. This is stated in part 2 of article 282 of the Labor Code of the Russian Federation.

Labor rights and guarantees of a part-time worker

Labor guarantees for a part-time job are provided in full, as well as for other employees (part 2 of article 287 of the Labor Code of the Russian Federation).

In particular, a part-time worker has the right to a lunch break (Articles 108, 287 of the Labor Code of the Russian Federation). If the part-time worker works part-time, he is still entitled to a lunch break. In this case, the employer can prescribe in the employment contract the minimum duration lunch break- 30 minutes during the working day or shift (part 3 of article 93, article 108, part 2 of article 287 of the Labor Code of the Russian Federation).

Like all employees, the part-time worker is entitled to sick leave. The procedure for paying hospital benefits will be different depending on whether the employee is an external or internal part-time job, as well as which employers he worked for. For more information, see Who should I pay sick pay for?

Also, a part-time job is entitled to annual paid leave on a general basis (Article 286 of the Labor Code of the Russian Federation). The duration of the vacation is standard - 28 calendar days (part 2 of article 287, article 284 of the Labor Code of the Russian Federation).

When should an employee be granted annual paid leave?

Part-time employees must be granted annual leave at the same time as leave at their main place of work. Moreover, if the employee works part-time for the first year, it is not necessary for him to wait for the required six months to receive leave. The organization is obliged to provide such an employee with leave in advance.

The part-time worker may be required to submit documents confirming the fact of leave from the main job. Such confirmation may be, for example, a copy of the leave order.

The duration of annual leave at the main place of work and part-time may not coincide. If the vacation at part-time work is shorter, the employee can compensate for the missing part of the days by taking a vacation at his own expense at part-time work.

Such a procedure for granting leave to part-time employees is provided for in Article 286 of the Labor Code of the Russian Federation.

Additional leave

Provide additional leave to the employee along with the main one (clause 14 of the Rules approved by the NCT of the USSR on April 30, 1930 No. 169, article 423 of the Labor Code of the Russian Federation). When calculating the total duration annual leave the main and additional holidays are summarized (part 2 of article 120 of the Labor Code of the Russian Federation).

In the length of service giving the right to additional leave for work in harmful conditions, include only the time actually worked in such conditions (part 3 of article 121 of the Labor Code of the Russian Federation).

What is the duration of annual paid leave

Question: Is it necessary to provide additional leave for work in harmful working conditions to an employee who works part-time at a rate of less than 0.5. For example, at 0.25 bets

Answer: Yes need. The current legislation does not link the procedure for granting additional leave for harmful working conditions with the length of the employee's working day (shift). It is only determined that such leave is established based on the results of a special assessment and its duration should not be less than seven calendar days. This is stated in article 117 of the Labor Code of the Russian Federation.

At the same time, there used to be a rule according to which additional leave for work in dangerous (harmful) working conditions was granted only to those employees who worked in such conditions for at least half of the working day. This followed from paragraph 12 of the Instruction, approved by the Decree of the USSR State Committee for Labor, the All-Union Central Council of Trade Unions of November 21, 1975 No. 273 / P-20. However, the Supreme Court of the Russian Federation, in its decision of January 26, 2017 No. AKPI16-1035, invalidated the effect of paragraph 12 of the Instruction approved by the Decree of the USSR State Labor Committee, the All-Russian Central Council of Trade Unions of November 21, 1975 No. 273 / P-20, since it contradicts the Labor Code of the Russian Federation. So, according to labor legislation, for additional leave for harmful working conditions, only the time actually worked under the appropriate conditions is taken into account (Article 121 of the Labor Code of the Russian Federation). At the same time, the legislation does not establish norms to limit the duration of work in harmful working conditions, which should be included in the length of service for vacation. Therefore, if an employee works in harmful conditions at a rate of less than 0.5, for example, at 0.25 of the rate, then the employer is obliged to count this time into the length of service, which gives the right to additional leave.

We have already dealt with the issue related to . In this article, we will look at material related to vacation to an internal part-time worker. In this article, we are talking about the vacation of an internal part-time worker.

Article content

Who is an internal collaborator

An internal part-time employee is an employee who takes on part of the work within the same company.

An internal part-time worker cannot work more than half a month at a part-time job. That is, with an 8-hour working day for the main place of work, a part-time worker can work no more than 4 hours a day. At the same time, if on some day the employee is free at the main job, then he can work full-time part-time. At the same time, the maximum output per month cannot be more than half a month.

For example, an engineer works with a working day of 8 hours. For a month, the output is, for example, 176 hours. This means that the internal part-time worker must work no more than 88 hours per month.

The duration of the vacation of an internal part-time worker

According to the Labor Code of the Russian Federation, the duration of annual paid leave cannot be less than 28 calendar days. This also applies to internal part-time employees.

If an employee is entitled to extended leave or additional leave, for example, work is carried out in the Far North, then those who work part-time are also entitled to extended or additional leave. There are no reductions in terms of part-time work.

In this case, depending on the specifics of the work, the following situations are possible:

1. At the main place of work, the duration of the vacation is longer than part-time

2. At the main place of work, vacations are less than on part-time vacations

The first case occurs quite often if work at the main place of work implies an extended or additional vacation. What to do in this case with the vacation to the internal part-time worker? There are two options: the first is to work as expected, the second is to write an application for a vacation at your own expense, and the employer is obliged to sign it.

The second case, when part-time leave is more than leave at the main place of work, is much less common. In this case, everything is simple - consider that you have additional paid days off at an additional job.

Usually, the duration of the vacation when working on an internal part-time job coincides with the vacation for the main job.

When is vacation due to internal part-time workers

Vacation at the main place of work is determined according to the vacation schedule. According to Article 286 of the Labor Code of the Russian Federation at part-time work, leave is issued at the same time as leave at the main place of work.

It is possible that an employee got a part-time job later than the main job. In this case, part-time leave does not seem to be due before the expiration of 6 months of work. But even here the law says that part-time leave must be provided in advance, which the employer must provide.

Vacation pay for an internal part-time worker

Vacation of an internal part-time worker paid in the same way as any other vacation. How is vacation paid? According to the hours worked, that is, according to the average wage. If the average monthly salary for the code is 20 thousand rubles per month when working part-time, then this amount will be calculated when calculating vacation pay.

Payment for the unused vacation of an internal part-time worker is carried out in the same way as for any other employee, that is unused vacation internal part-time worker is paid in full.

That is, when an employee is dismissed (and dismissal usually occurs from two positions), the employee must be calculated for both jobs.

conclusions

Leave for an internal part-time worker is granted on the same terms as leave for an ordinary employee, as well as for an external part-time worker. All rules on terms, amounts and rules of care are observed. The peculiarity of the leave when working part-time is only that it is provided at the moment when the leave is at the main place of work, even if the employee has not yet earned it.

What is the main place of work

The main job is the service where a person is employed during the predominant share of working time. When hiring an employee, an employment contract is concluded, which indicates whether the main or part-time work is with this employer.

At the main place of activity, the employee's work book is stored, where marks are made on employment and on the position held. At the main place of work is workplace worker.

There can be only one main job. If a person is employed in several organizations, and the specifics of his activity is such that there is no need for a permanent workplace, and approximately the same amount of labor time is spent on each employer, then the main job can be considered the one that this employee himself determines, or the one at the place which the employment contract was first concluded and where the work book is stored.

If a person has one job, then all organizational issues related to it, especially questions of working time and rest time, are simple and understandable. But situations when a person is busy at several jobs are not so rare.

What is part-time work

Any work, in addition to employment with the main employer, is called a part-time job. The Labor Code allows citizens to work for other employers or perform other official duties. The number of other employers with whom, in addition to the main one, the employee may conclude employment contracts, is not limited by law.

Compatibility can be external and internal. An external part-time worker works for several employers, while an internal one works for one in several positions. An employment contract is also concluded for part-time work (with an indication of part-time work), all necessary deductions are made from the salary, but a mark in work book about part-time work put at the request of the employee.

In relation to minors, part-time work is not allowed. In addition, citizens involved in hazardous or hazardous industries cannot combine work if the additional service has the same unfavorable working conditions.

Part-time employment should not take more than 4 hours a day. And for a month, part-time work should be equal to half of the accounting working norm time. The work of part-time workers is remunerated according to the hours worked, or the payment is due to the output or other conditions established in the employment contract.

Annual paid leave at the main job: procedure for granting, duration

Vacation at the main place of activity is given after six months of work with one employer. And then the employee must go on paid vacation every year on the basis of the vacation schedule, which is approved by the organization in advance, before the year considered in it. The priority of granting leave is decided by agreement between the employer and the employee, as well as between employees.

Don't know your rights?

In addition, at a convenient time, at will, some categories of employees can take vacation:

• husband during wife's maternity leave;
• a parent raising a disabled child under the age of 18;
• pregnant or childbearing employee;
• minor workers under 18;
• workers in the Far North during entrance exams at universities to accompany minor children to another locality.

The basic paid leave according to the law is 28 days. For some citizens, for example, working children, it can be 31 days, and for teachers - 42 or 56 days.

In addition to the main paid leave, there is also an additional one, which is given to working citizens in connection with special unfavorable working conditions.

The procedure for granting leave to part-time workers. Vacation on an external part-time job

It is quite natural that even if a person works in an organization in the status of a part-time employee, he is entitled to annual paid leave. But the situation when an employee, having a rest at the main place of work, would go to work part-time, and while on vacation with an additional employer, daily fulfill labor obligations with the main employer, would be strange.

Allowing part-time work, the law also provided for the need for rest for a part-time worker. Article 286 of the Labor Code states that part-time leave and the main place of work must be interconnected. At part-time work, leave must be granted simultaneously with leave for the main service. Moreover, if the vacation date at the main job has come, and part-time the employee has not worked out the required 6 months, then the vacation is still issued - in advance.

How to get vacation for a part-time worker? When drawing up a vacation schedule in an organization where an employee works part-time, he must report the date of vacation at his main place of business. If the part-time worker did not manage to get into the schedule, then he must write an application for vacation and confirm it with a copy of the vacation order at the main place of work. Based on these documents, vacation pay will be accrued.

If a worker at a part-time job was not sent on vacation at the same time as a vacation at his main job, he still has the right not to attend part-time work from the first day of vacation with the main employer. The Supreme Court of the Russian Federation in the resolution of the plenum “On the application of the Labor Code by the courts of the Russian Federation” dated March 17, 2004 No. 2 determined that such work absence would not be absenteeism.

Holidays for internal part-time work and leave for part-time jobs 0.5 rates

Working part-time, the employee works for the same employer. In this situation, the rules established by the aforementioned Art. 286 of the Labor Code of the Russian Federation. Accordingly, leave to an employee working in both positions with the same employer must be granted at the same time.

There are situations when a part-time employee does not work at full time, but at a reduced rate, for example, 0.5 of the rate. How to be with vacation in this case? The answer is simple - there is no difference with the above situation. The fact is that even if the employee does not work at full time, he receives full annual paid leave with a minimum duration of 28 days.

If the duration of the vacation at one of the internal part-time jobs exceeds its duration at the other, the employee has the right to ask the employer for a vacation at his own expense at the job where the vacation is shorter. The employer, in turn, has no right to refuse the employee to satisfy his request.

The number of vacation days for part-time workers in accordance with the Labor Code of the Russian Federation

Despite the fact that, while working part-time, the employee spends less time on his duties than on his main job, this should not affect the duration of the vacation.

Thus, according to the law, the minimum paid leave for both main workers and part-time workers is 28 days. If, on one of the jobs, a citizen has the right to additional leave, then it should also be provided.

If the leave at work part-time is shorter than the leave at the main job, the employee has the right to take unpaid leave for the missing days, and the employer is obliged to provide such leave.

Maternity and student leave for part-time workers

Part-time workers are no different from the main workers, which means that they also give birth to children or study. But what about the days of absence from work provided for by law for these events?

An employee has the right to leave for sick leave for pregnancy and childbirth both at her main place of work and part-time. Moreover, she has the right to receive sick pay from two places of work. In this case, the medical institution draws up sick leaves according to the number of employers. In the same way, from two jobs, a woman will go on parental leave, however, care allowance can only be received from one job.

Employees studying at various educational institutions are guaranteed student leave, and in some cases paid. However, Article 287 of the Labor Code draws attention to the fact that leave is guaranteed to students only at their main place of work. Thus, for the duration of the session, part-time students at an additional job can either take a leave without pay, or continue to work part-time in the usual way.

The situation in our country is such that often workers have to look for two or even three jobs. What to do with part-time leave. Does part-time leave coincide with or differ from the main place of work? We answer these and other questions in the materials of this article.

Let's start by defining what a partnership is. Part-time work is an additional job to the main job. Part-time employment can be internal (in one company) and external (in several companies). In general, the concepts of external and internal combination of jobs do not actually affect the provision of leave.

Article 286 of the Labor Code of the Russian Federation describes the situation related to the provision of leave to those employees who work part-time. Let's take a closer look at each item in this article.
The employer is obliged to provide part-time leave at the same time as the main leave. Although the law does not specify the word “obliged”, this rule is still mandatory for employers, that is, an employee cannot be denied part-time work leave.

What if the main vacation is more than part-time vacation?
In this case, the employer must provide the employee, at his request, with leave at his own expense for the required number of days. The employer cannot refuse to grant such leave if the employee writes an application.

What if the main vacation is less than part-time vacation?
Such situations are less common, but the law does not say anything about this. It is assumed that the employee will either compensate for unused vacation. or simply walk him off, having received his vacation pay.

What should I do if my part-time job is not yet entitled to leave, but my main job is already?
Part-time work can be found (usually it happens) later than at the main place of work. In this case, the employer is obliged to provide the employee with a paid vacation at work part-time in advance. The law provides for such a possibility.

What is the duration of vacation when working part-time?
Despite the fact that part-time work does not take the whole working day, but only part of it, part-time leave must be provided in full, i.e. total number of days. Only the amount of vacation pay is reduced, which is determined by the money earned. For example, a teacher who combines two jobs has the full right to 56 vacation days. This rule applies to both external and internal part-time employees. Minimum duration vacations while working part-time is 28 calendar days.
If part-time work involves bonuses, for example, for harmfulness, special working conditions, work in the Far North, then this should also affect the employee's vacation.

Is it possible to combine maternity leave?
Maternity leave is also provided at both places of work: main and part-time. However, state payments due for child care are paid only in one of the places of work, and the mother herself determines which one.

Is it possible to combine study leave and leave at work part-time?
The law does not provide for a combination part-time work leave and study leave. The employee is required to either take a vacation at his own expense, or calmly continue to work part-time.

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Pay slips do not need to be printed.

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Changed operator electronic document management- inform the IFTS

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Special regimes will not be fined for fiscal accumulators for 13 months

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

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

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

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

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

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

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

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

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

Part-time vacation in the vacation schedule

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

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

As for filling personnel documents, then in general, holidays for part-time workers are issued in the general manner.

Vacation pay while working part-time

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

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

Read also: Student leave according to the labor code article 173

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

If part-time work becomes "main"

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

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

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Features of granting leave when working part-time

Quite often, enterprises employ part-time employees. What do they mean that they perform any duties not in the main working time, but in free.

And they do it regularly, get it for regular payment and labor Relations they are regulated by an employment contract, which spells out all the nuances: the obligations of the parties, wages, the rights of the parties, the provision of leave to a part-time job, the duration of the contract, and so on.

Part-time leave and the basis for its grant

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

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

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

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

Legislative norms regarding part-time leave

Features of how leave is granted when working part-time are described in article 286 of the Labor Code Russian Federation"Vacation when working part-time."

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

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

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

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

Is this true? Completely wrong.

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

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

It is also worth remembering that not using vacation for several years is a violation labor law both on the part of the employer and the employee.

Additional leave for part-timers

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

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

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

Part-time maternity leave

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

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

Part-time study leave

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

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

Part-time vacation pay

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

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

How is holiday pay calculated

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

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

Compensation for vacation to part-timers

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

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

Part-time leave and main place of work

Part-time leave and main place of workis a question that is of interest not only to employees who plan their vacation, but also to employers who allocate resources. In this article, we will figure out what kind of work is considered part-time work, what types of vacations and in what order can be provided to part-time workers.

What is part-time work

To begin with, let's figure out what a part-time job is.

The main feature of this kind of labor activity is that the employee, in his spare time from his main job, performs some other tasks. labor obligations. A less common phenomenon is combination, when the employee performs additional duties at the main time and in the main place. That is, in the case of a combination of jobs, the length of the working day increases, and in the case of a combination, it remains the same.

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In addition, you can work part-time at several jobs and for different employers; there is a limitation here only for the total duration of the work. Combination is permissible only within the boundaries of one organization.

The time limits for part-time workers are as follows: they have the right to work for one employer no more than 4 hours a day and half the norm per week. For example, a part-time worker is allowed to work daily for 4 hours or 2.5 days a week, provided that such a regime allows for a work schedule at the main place of work.

The labor relations of the employer and the part-time worker are determined by the norms of Ch. 44 of the Labor Code of the Russian Federation. With such workers it is necessary to conclude employment contracts.

So, if an employee combines the main job with additional duties during working hours, then he works in combination. If an employee in the same organization performs additional work outside of regular working hours, then he works as an internal part-time job. If the main place of work is one organization, and in addition to the free time from the main job, the employee works somewhere else, then for that other company he will be an external part-time job.

IMPORTANT!Sometimes employers prefer to formalize relationships with external part-timers contracts of a civil law nature (for example, a work contract or a contract for the provision of services). Such relations are not subject to guarantees to employees in accordance with the Labor Code of the Russian Federation.

Vacation is just one of these guarantees.

What are holidays

1. Annual basic paid leave .

1. Additional annual paid leave .

In addition to the main vacation, in accordance with the norms of Art. 116 of the Labor Code of the Russian Federation, some categories of employees are entitled to apply for additional leave. It is provided to persons working in harmful and dangerous conditions, as well as to those who have a special nature of work and irregular working hours. In addition, additional leave may be granted to those who work in the regions of the Far North, as well as in cases specified legislative acts or administrative documents in force at the enterprise ( collective agreement, for example).

Read more about what are dangerous and harmful factors of production, you can read in the article "Dangerous and harmful production factors (list)" .

1. Leave without pay .

Leave, in which wages are not saved, can be granted to each employee, but upon agreement with the employer. However, there are some categories of workers to whom the employer must provide such leave upon request. This list includes:

• pensioners;
• participants in the Second World War;
• disabled people;
• persons who have exceptional circumstances such as marriage, the birth of a child or the death of a relative.

1. study leave .

In some cases, when combining work with study, the employer must provide the employee with study leave. In ch. 26 of the Labor Code of the Russian Federation indicates how it is provided and what is the procedure for its payment.

1. Maternity leave, parental leave .

Women registered at the enterprise should be granted maternity leave. The employer is obliged to issue them and leave to care for the child. However, in addition to women who have given birth to a child, other relatives or guardians may also apply for such leave.

When a part-time worker is required to provide leave and how many days

The relationship between a part-time worker and his employer is governed by the provisions of Ch. 44 of the Labor Code of the Russian Federation. Such employees are also entitled to leave, the design of which has a number of features. Consider what types of vacation part-time workers can count on and what rules should be observed when providing them.

The main paid leave provided to part-time workers annually cannot last less than 28 days. At the same time, the employer, on the basis of the norms of Art. 286 of the Labor Code of the Russian Federation must provide this leave at the same time as the leave that the part-time job receives at the main place of work.

A situation may arise when an employee at the main place is entitled to additional leave, as a result of which the duration of the entire leave will exceed the duration of the rest for part-time work. The way out of the predicament is simple: a part-time worker is issued a vacation without pay until the end of the “main” vacation. If the part-time worker has not passed 6 months from the start of work to the vacation, then he is issued it in advance.

IMPORTANT!Concerning at medicinal and additional holidays employees working in the regions of the Far North, they can be provided exclusively at the main place of work. The rule governing this area is contained in Art. 287 of the Labor Code of the Russian Federation.

Part-time workers have the full right to leave related to childbearing (pregnancy and childbirth, childcare).

The rules for calculating vacation pay for a part-time job are identical to the rules for calculating payments at the main place of work. The basis for the calculation is the actual salary of the part-time worker, taking into account the time during which he worked. First, the average daily earnings for the previous 12 months are determined, and then the resulting figure is multiplied by the number of vacation days.

You can read about the rules for calculating average daily earnings, as well as what payments should be taken into account when calculating, in the article. How to calculate average monthly wages(formula)?" .

The procedure for paying vacation pay (3 days before vacation) to part-time workers also does not differ from the rules that exist at the main place of work.

Perhaps, in every enterprise there are employees who seek to improve their well-being through part-time work, thereby increasing the length of working hours. Relations with this category of workers are regulated by Ch. 44 of the Labor Code of the Russian Federation. Making a vacation for part-time workers does not present any particular difficulties, however, it is required to take into account the features set forth in the Labor Code.

Vacation while working part-time

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

There is internal and external combination. Under the internal understand the performance of work duties in different positions in the same enterprise. If the work is carried out in different organizations, one of which is the main one, and the second is additional, this is an external combination.

The right to rest when working part-time

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

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

• minors;
• persons employed in hard work, hazardous to health;
• in specific cases according to the Labor Code of the Russian Federation.

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

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

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

The procedure for obtaining leave at the place of combination of employment is regulated by the principles prescribed in Labor Code RF, and more specifically in Article 286. It states that the use of vacations at the main job and at additional employers should coincide in time and duration. Every year a person can take the next vacation due to him, fully paid by the organization.

In situations where the employee's time of employment in the employing company does not exceed six months, you can use your right to leave in advance. If the vacation periods are different in duration, at the place of part-time employment in another organization, it is necessary to provide the person with a leave for the difference at his own expense in a declarative manner.

Consider these situations:

Situation No. 1: A part-time worker, having worked for three months. asked for leave for the next twenty-eight days on the calendar. Even taking into account the fact that six months required by law have not passed, the management can meet halfway and give a vacation in full.

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