How to pay for part-time work? Based on what is the calculation of work performed? What is the duration of part-time work shifts? What minimum salary should be set?
Basic principles of part-time work and remuneration
The current legislation does not limit citizens in the number of jobs. Working in several positions within one or different enterprises is called part-time work. In the first case it is internal, and in the second - external. This concept enshrined in Article 60.1 of the Labor Code of the Russian Federation.
Remuneration for part-time work is carried out in accordance with the provisions of Article 285 of the Labor Code of the Russian Federation. The salary amount will depend on the chosen remuneration system, the number of working hours per shift and the availability of additional payments and allowances.
Topic of the issue
Also read about how to safely pay for work on holidays and days off, how to behave during a GIT inspection, and what conditions need to be urgently removed from your employees’ employment contracts.
Payment for part-time work in accordance with the Labor Code of the Russian Federation is carried out in accordance with the general procedure established in Article 136 of the Labor Code. In accordance with this standard, wages are paid to workers at least 2 times a month. Accordingly, a person working at a secondary workplace has the right to receive an advance and basic payment.
Also, part-time workers are subject to regional coefficients established in the region where they work. According to Article 285 of the Labor Code of the Russian Federation, they have the right to receive a salary, taking into account the required allowances.
When determining the amount of remuneration for a part-time worker, the employer must take into account the minimum wage established by law. On at the moment its value is set at 7 thousand 800 rubles.
This amount is fixed for the full bet. If an employee is hired for a quarter or half time, then the minimum wage should be reduced to the appropriate value.
For example, citizen Ivanov got a part-time job as a watchman at a quarter rate. Accordingly, according to the specified norm, minimum size salaries will be ¼ of the minimum wage, equal to 1950 rubles. If, after all calculations, citizen Ivanov’s salary turns out to be less than the specified amount, then it should be increased to the established minimum.
Payment for night shifts and work on holidays
No different from exercising labor activity at the main place of work. Therefore, the established rules for remuneration for work at night and on weekends apply to them in a general manner.
Payment for part-time work in the period from 22:00 to 6:00 is made taking into account the mandatory allowance. The corresponding norm is contained in Article 154 of the Labor Code of the Russian Federation. At the moment the minimum increase is 20%.
The procedure for calculating wages on weekends is enshrined in Article 153 of the Labor Code of the Russian Federation and assumes double payment for working hours. At the request of the employee, this measure can be replaced with additional paid rest time.
By way of exceptions, which are specified in the mentioned norm, a part-time employee can be employed for a full month, but in the following cases:
- suspension of labor activity due to arrears of wages in excess of the established minimum (Article 142 of the Labor Code of the Russian Federation);
- suspension of a worker from duties due to health conditions for up to 4 months, provided that part-time work is not contraindicated for him (Part 2 of Article 73 of the Labor Code of the Russian Federation).
For individual categories In some industries, in particular, for pharmacists and teachers, in accordance with the standards enshrined in the Resolution of the Ministry of Labor of the Russian Federation No. 41, other conditions for part-time work are provided that allow part-time work for full time.
Part-time work: salary
Attention
Article 60 of the Labor Code of the Russian Federation prohibits requiring an employee to perform work that is not stipulated employment contract. In this case, the employee can perform other work on a part-time basis or combine work in another position.
Info
What is their main difference? Labor legislation does not establish a minimum amount of additional payments for performing additional work and part-time work - how to determine the additional payment in different cases? Part-time job. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to enter into employment contracts to perform other regular paid work for the same employer in his free time from his main job ( internal part-time job) and (or) with another employer (external part-time job).
Part-time work is the performance by an employee, in his free time from his main job, of other regular paid work under the terms of an employment contract (Article 282 of the Labor Code of the Russian Federation).
Remuneration for combined labor
Important
If part-time work is also considered “harmful.” How part-time work is paid The main thing you need to know when calculating wages for a part-time worker is that he (the part-time worker) is considered the same employee as everyone else, just working part-time (weekly), it all depends on the work schedule. Part-time workers are paid taking into account standard additional payments, bonuses, allowances and coefficients.
For example, those working in the Far North and nearby areas are entitled to an allowance for difficult working conditions. The same bonus is given to a part-time worker. Part-time salary All the nuances by which the part-time salary is calculated are strictly regulated by Art. 285 of the Labor Code of the Russian Federation. Mostly, remuneration for part-time workers is calculated based on the number of hours worked.
Internal part-time job
However, if the employee’s working conditions do not change and there is a need to transfer him to another position, which due to circumstances turned out to be vacant, the company’s management can transfer the part-time worker without his consent, but with the condition that new position will also constitute secondary employment, and the performance of new duties is not contraindicated for the worker for health reasons. Working time standards According to the standards given in Article 284 of the Labor Code of the Russian Federation, part-time work cannot exceed half of the established standard working hours per month.
That is, on a working day, a secondary employee can perform his duties for no more than 4 hours, but on a day off, as an exception, he can work a full shift. Often, this approach is used in shift work, where it is quite difficult to find a qualified worker.
How are wages paid when working part-time?
Based on Article 283 of the Labor Code of the Russian Federation internal part-time worker must provide:
- passport (copy);
- a document confirming the presence of a certain qualification, category or other skills to perform certain type work;
- application for part-time admission.
Application example: Sample application for internal part-time job Document form: Application for part-time employment Personnel nuances In accordance with the submitted documents and application for admission, the enterprise issues a part-time order to hire an employee as a secondary employment. Sample order: Sample order A new agreement on mutual cooperation is also concluded, taking into account all the conditions of additional work, starting from an individual work schedule, ending with the amount of payment and the procedure for providing compensation payments.
Combination: how to register and pay?
A part-time worker is always an employee who performs other duties in his or her own time. free time and such work can be indefinite. A part-time worker is a person who, in his own working hours combines the performance of his main duties and additional ones.
Such work is always temporary and cannot be performed without the written consent of the employee. Remuneration for part-time workers and part-time workers occurs on different bases and is calculated differently.
The first - based on the provisions of the employment contract, the second - by agreement of the parties. Usually this is a percentage of wages or a strictly agreed amount.
In addition, these two categories of employees are issued with different documents and are taken into account differently when filling out documents for the tax service.
Part-time and combination: how to register and pay?
Hence, a part-time worker who works half of this time receives half the amount. If a part-time worker has worked a quarter of the established norm, then he receives a quarter of the minimum wage, and the like.
As a result, when calculating wages, even with coefficients and allowances, the amount may be less than the minimum wage. For example, if from January 1 of this year, the minimum wage per month is 5,205 rubles, then a part-time worker working at a quarter of the rate will receive a quarter of the specified amount - 1,301 rubles.
As a result, the amount paid to the part-time worker is below the minimum wage. What to do in this situation? The law provides for additional payments to part-time workers.
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In this case, when setting standardized tasks for him, payment for part-time work is made depending on his final results, namely the actual amount of work that he managed to complete (Part 2 of Article 285 of the Labor Code of the Russian Federation). Working time of a part-time worker Working time is also one of mandatory conditions, which must be enshrined in the employment contract.
The Labor Code of the Russian Federation ties remuneration for part-time work to working hours in case of time-based remuneration. The salary of a part-time worker cannot be more than half the salary of the main employee in the same position, since the working time of a part-time worker is limited.
The working hours of a part-time worker cannot exceed four hours per working day (Article 284 of the Labor Code of the Russian Federation). On days when a part-time worker is released from work at his main place of work for some reason, he is allowed to work part-time for the whole working day (or the whole shift).
Combination of positions: payment. part-time work and salary: Labor Code of the Russian Federation
Payment for the work of a part-time employee is paid taking into account established benefits in the relevant region. For example, if regional coefficients and bonuses are provided for wages, then payment for part-time work is made taking them into account (Part.
Labor Code of the Russian Federation). When can the wages of part-time workers be higher than the wages of main employees? When determining the amount of a part-time worker’s salary, the employer must be guided by the rule according to which he is obliged to provide all company employees with equal pay for work of equal value (paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation). There are situations when a part-time worker fulfills the norm of a full working day for half the working day of the main employee.
Or other situations when a part-time worker overworks the workload of the main employee for his part-time work. Or the qualifications of the part-time worker are higher than those of the main employee.
Peculiarities of remuneration for part-time work
What payments, benefits and guarantees are he entitled to by law? Many organizations have part-time workers on their staff. These can be both existing employees and entities brought in from outside. The nuances of the activities of such employees, as a rule, are discussed during employment. But when it comes to remuneration, many employers still don’t know how to do it right.
- Highlights
- The procedure for paying for part-time work according to the Labor Code of the Russian Federation
- What is the minimum incentive amount?
Is it necessary to pay a part-time worker sick leave, how to arrange vacation pay, is such an employee entitled to an advance? How is payment made for part-time work? How is a part-time employee paid? The main indicator when calculating wages is the work schedule.
How to pay for internal part-time work
The only thing is that individual points need to be rewritten taking into account the peculiarities of the part-time job. (see How to correctly register a part-time employee) Part-time and part-time work It is necessary to clearly distinguish between the concepts of part-time and part-time work, because these are two completely different categories, they are formalized and paid differently.
A part-time worker is an employee who performs other duties in his free time and, this work may not have specific deadlines. A part-time worker is a person who combines the performance of his main and additional duties during his working hours.
Such work is predominantly temporary and cannot be performed without the employee’s written consent. Remuneration for part-time workers and part-time workers occurs on different bases and is calculated differently. The first - based on the provisions of the employment contract, the second - according to the agreement of the parties.
Quite a lot of citizens in lately are thinking about getting an additional job. In this regard, the question arises, how is remuneration carried out when working part-time?
Part-time workers are employees of the organization like everyone else. Their only difference is that they do not work full time.
In this regard, payment for part-time work is carried out in the same manner as payment for the main job.
The amount of compensation for part-time work may depend on:
- quantity of goods manufactured;
- actual number of hours worked;
- sales volume;
- the amount of services sold.
Also, due to high qualifications, an employee can receive special additional payments for part-time work, which exceed the amount of payments to main employees.
The accrued salary of a part-time worker includes:
- salary;
- incentive payments;
- other payments.
Salary
The salary of a part-time worker is determined in the employment contract. When calculating it, employers take into account that part-time workers work less time than main employees. Employers have the right to set the amount of remuneration for part-time work based on both the time actually worked and the actual amount of work performed.
Incentive payments
Part-time workers have the right to receive all those incentive payments that the organization has:
- bonuses based on the results of work performed;
- district coefficient;
- northern allowances;
- other payments.
If labor contract provides for any individual bonuses, they also need to be taken into account when paying external part-time workers.
Minimum amount of incentives
According to the law, the employer has the right to reward particularly distinguished employees. However, this is not an obligation, but only a right. Therefore, employees may or may not receive incentives. The list of incentives existing in the organization is defined in the collective contract.
Part-time workers receive incentive payments in the same manner as main employees.
Such payments can be assigned either as a fixed amount or as a percentage of the basic salary. If the amount of payments is fixed, this must be reflected in the contract with the part-time worker. It is also necessary to specify the conditions for receiving the award. If incentives are assigned as a percentage, incentives will be accrued on the basic salary of a part-time employee, in accordance with the percentage rate assigned to him.
Labor legislation does not determine either the minimum or maximum amount of incentives for part-time workers. Employers have the right to independently set and regulate these values.
Employers do not have the right to deprive a part-time worker of the benefits due to him under the collective contract.
Advances for part-time workers
Some experts believe that part-time workers do not need to receive advances, since their salary is not very large anyway.
However, the legislation clearly states that all part-time workers must receive advances along with main employees. That is, part-time workers receive advances at the same time as all other employees of the company.
Typically, the advance amount (for both main employees and part-time employees) is forty percent of the total salary. The conditions for receiving advances must be specified in the employment contract.
Minimum payment for a part-time worker
All part-time employees have all the same guarantees and rights as regular employees. In this regard, the minimum wage provision applies to them. According to it, an employee cannot receive a salary in an amount less than that established by law.
However, there is a small clause in the legislation. The minimum payment is due to an employee if he has worked his full working hours. That is, the minimum wage for part-time work is that part of the minimum wage that the part-time worker worked (half, quarter).
Currently, legislation has established the minimum wage at seven and a half thousand rubles. If, for example, a part-time worker works part-time, the minimum salary for him will be three thousand seven hundred and fifty rubles.
Conclusion
Part-time workers are the same employees as everyone else. Consequently, their work must be paid in accordance with the law.
Employers should remember that part-time workers have the right to sue them for unlawful actions regarding the pay of part-time workers.
If an employee performs additional work within his working time while remaining in his main position, then in this case we can talk about combining positions or increasing the amount of work. According to Article 60.2 of the Labor Code of the Russian Federation, the employer is obliged to pay the employee extra for performing additional labor functions. Payment for combining positions under the Labor Code must be fixed by an appropriate agreement between the employer and employee in order to avoid misunderstandings and disputes.
How are combined positions paid?
Please note
There is a difference between a combination and a part-time job. In short, part-time work is the performance of a volume of work outside of the main responsibilities with the conclusion of an agreement. Combination is a “load from above”; an employment contract is not concluded. You can read about the differences in more detail here.
The amount of payment based on Article 151 of the Labor Code is established by agreement between the employee and the employer, and is fixed in a separate agreement. Moreover, this document is not considered an agreement to the employment contract, since the activities specified in the employment contract are not taken into account in this agreement. The law allows for early termination of this agreement if one party notifies the other in writing. For example, an employee will write an application for early refusal to perform additional labor functions, or the employer will issue an order for early cancellation of the order to perform it.
The additional payment agreement also indicates for what period and in what position the employee is entrusted with performing additional labor functions. The scope and content of activities are not specified in the agreement, since they are already established by order.
Important!
If the combined position involves financial liability, it is necessary to conclude an agreement on financial liability with the employee.
Determining the amount of additional payment when combining positions
To determine the amount of additional payment, the nature and complexity of the work is taken into account. Minimum or maximum level of pay for combining positions Labor Code does not limit. This can be a specific amount or a percentage of the employee’s salary or the salary of an absent employee. The main point that the employer must take into account when assigning an additional payment for combination work is established by Article 22 of the Labor Code. In accordance with this rule, the employer is obliged to pay equally for work of equal value.
Often in practice, the minimum or maximum amount of additional payment when combining professions and positions is determined in the collective agreement or regulations on remuneration in the organization.
Features of calculating surcharges in various cases
Payment for combined holidays and weekends is calculated in accordance with Article 153 of the Labor Code. If an employee went to work on a holiday in a combined profession and worked within the working hours, on this day the work will be paid double if the payment is calculated at daily and hourly rates. This is possible with a shift or daily work schedule. If work is paid based on salary, for work on a holiday the employee receives an amount corresponding to part of the salary for one day of work. It is calculated by dividing the salary by the number of working days in the corresponding month.
If the enterprise accepts piecework wages, when calculating wages for combining positions, the quantity of products produced by the employee during additional activities is taken into account.
Payment for combining professions with part-time work
In the case where an employee works part-time in his main profession, and he performs additional labor functions within the same time frame, the calculation of the additional payment for combining positions is carried out in accordance with the time worked on the basis of Article 93 of the Labor Code. The only exception will be an additional payment in a fixed amount; it is calculated without adjustment. Let's explain on specific example How to calculate additional pay for combining positions.
The HR auditor will tell you more about the combination procedure:
The driver agreed to perform the duties of a loader. The driver's salary is set at 25,000 rubles. The loader's salary is 15,000 rubles. In the main position, the driver works 5 days a week for 5 hours. In April 2017, 20 working days (160 hours for a 40-hour working week). The driver’s salary will consist of earnings from the main profession and an additional payment for the combination, which is established in the additional agreement. The salary for the main job is calculated in accordance with the hours worked:
25,000: 160 hours x 20 days x 5 hours = 15,625 rubles.
If the surcharge is set at a fixed amount, say 7,500 rubles per month, then the driver’s earnings for April will be:
15625 + 7500 = 23125 rubles.
When the additional payment is determined as a percentage of the salary, for example, 50% of the salary for a combined position (15,000 rubles), its amount is calculated in proportion to part-time work.
15,000 x 50%: 160 hours x 20 days x 5 hours = 4,687 rubles. Then the total earnings for April will be:
15625 + 4687 = 20312 rubles.
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