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 an internal combination, the employee goes on vacation. For example, at full time, he goes on vacation for 28 calendar days, an additional one - 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 combination- performing other regular paid work for the same employer under a separate employment contract in his spare time from his main job (Article 282 of the Labor Code of the Russian Federation).

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.

The fact that an employee works 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, at 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 of the 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 of annual leave, the main and additional holidays are summed up (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 bet

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 clause 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, since it contradicts Labor Code RF. 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.

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. At external combination it 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 saving wages(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 scheduling holidays for 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 Regulation, approved by Decree of the Government of the Russian Federation dated 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.

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, start and end dates of vacation, number of vacation days, etc. will be indicated in two rows of the table, and the rows will differ from each other only in column 2 “Personnel number” and column 4 “Position ( specialty, profession)”, and also possible according to column 3 “ Structural subdivision».

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 for this it is enough to conclude an agreement on changing the terms of the employment contract (Article 282 of the Labor Code of the Russian Federation).

But such a change in the employee's work activity usually affects the first vacation following it. 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.

Labor Code of the Russian Federation) it is impossible to work part-time. If the "main" vacation is longer than the "part-time" It happens that an employee at the main place of work should be granted leave of a longer duration than 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. Vacation of a part-time worker 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 worker may not know when he will be granted leave at his main place of work.

For example, a person has extra days or accumulated days from a previous period. In this case, at a non-primary place, they are obliged to provide the employee with as many days as they have, and for the remaining days to issue days off without pay.

• It is less common that the number of days off for a part-time worker in another organization is greater than in the main place. In this case, there are no direct instructions to provide rest of the same duration at the main place of work, however, in the event of a conflict, failure to provide such a number of days off can be regarded as discrimination against the right to rest.
• It may happen that at the second job they do not want to give the employee days off.

  In this case, the peculiarity of the situation is that the part-time worker has the full right to rest, and the refusal to provide him with days off is absolutely illegal.

Attention

You that, according to the vacation schedule, your annual paid vacation lasts 14 calendar days, and its period begins on February 04, 2016, and ends on February 18, 2016. On the notification, the part-time worker must leave an autograph and put a number. We hand over the notice Nuance: the notice can be handed over at any time, even the next day after the approval of the vacation schedule.

The main thing is not later than two weeks before the holidays! The next step will be an order for vacation to a part-time job, a sample of which is here. Its required details:

• Full name, position and personnel number of the part-time worker;
• period of work for which leave is granted;
• duration;
• start and end date.

Familiarize yourself with the order Nuance: we familiarize ourselves with the order no later than three days in advance, because a copy of it, along with a note-calculation, must be given to the accounting department for calculating vacation pay.

Important

And in every organization, a personal file is opened for each employee, the main document of which is labor contract. That is, how many works - so many contracts. Additional work can be entrusted to the main place, and in another company. An internal part-time worker is an employee "sitting on two chairs", or rather, at two jobs in one company.

He has one boss, but two jobs, and he combines different staff units. Part-time work is called internal, since two jobs are combined within one organization. Registration of an internal part-time worker Despite the fact that the main place of work of the part-time worker is here, he is assigned another personnel number and a second contract is concluded.

An external part-time worker is already working outside the main job, in another organization. Where they also start a personal file on him, conclude an agreement and assign a personnel number.

Sample applications for leave for internal part-time work

This is due to the fact that the general procedure for calculating the maternity benefit, as well as other benefits, involves calculating the average earnings for the two calendar years preceding the year when the insured event occurred, that is, maternity leave occurred. Labor law distinguishes between the following situations:

1. For the previous two calendar years, the employee worked only for the same employers (both at the main place of work and part-time) as at the time of the insured event.
2. In the previous two calendar years, the employee worked for some period in other organizations, and she has been working for current employers not so long ago.
3. During these two calendar years, the employee worked in current companies, but at the same time for other employers as well.

Certificate of incapacity for work Pregnancy and childbirth allowance (clauses 2, 2.1 and 2.2 of Art.

Features of granting part-time leave and the main place of work

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, to require semi-annual working off (art.
Home → Accounting advice → Holidays Actual as of: May 30, 2016 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 (replaces two positions), in the second - under two employment contracts with different employers (Article 60.1

TC RF). 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 employees 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.

Do I need to write an application for internal part-time leave

When providing an employee - an internal part-time employee with annual paid holidays, the employer should issue two orders for leave (for each employment contract separately). By virtue of the provisions of Art. 60.1, 282 of the Labor Code of the Russian Federation, internal part-time work is work under an employment contract in free time from the main job for one employer. Article 114 of the Labor Code of the Russian Federation provides that employees are granted annual leave while maintaining their place of work (position) and average earnings. According to Part 1 of Art. 286 of the Labor Code of the Russian Federation to persons working part-time, annual paid holidays are granted simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then leave is granted in advance.

Do I need to write an application for an internal part-time leave

Therefore, in any case, the order must be issued no later than three days before the vacation. On the basis of the order to grant leave, marks are made in the personal card, personal account and the calculation of the average earnings due for the leave is made. And since part-time work is carried out on the basis of a separate employment contract, vacations at the main place of work and part-time jobs are calculated and provided for each position separately.
Accordingly, the employer, when granting such vacations to the employee, should issue two vacation orders (for each employment contract separately). For information CollapseShow When an employee is granted annual paid leave at his main place of work and part-time, he must be paid two amounts of vacation pay, calculated separately from payments and hours actually worked under each employment contract.

• Workers whose working conditions are dangerous, harmful or difficult.

The legislation also establishes special restrictions for persons holding the positions of deputies of the State Duma of the Russian Federation or leaders legal entities. Content:

• Do I need to write an application for leave at a part-time job?
• Vacation while working part-time
• How to arrange vacation for a part-time worker
• Internal part-time workers: how to get legal leave?
• Features of registration of leave for the main job and part-time work
• Vacation for part-time workers: features, requirements and recommendations

Do I need to write an application for leave at a part-time job? While on vacation at my main place of work, I did not write an application at the place of part-time work.
Important: in the time sheet, vacation is usually indicated as “FROM”, code “B” indicates the holidays that fall on vacation. If, after the vacation, an administrative one follows at the request of a part-time job, “A” will already be marked in the report card. We draw up a T-2 card:

• we enter the vacation period and details of the order;
• write the period of work for which rest is provided;
• familiarize yourself with the record of the employee.

When to add vacation to a part-time worker on the card Nuance: vacation to a part-time worker can be entered on the card even after the part-time worker takes a vacation, and suddenly gets sick, then you will need to redo everything. And do not forget to attach a copy of the order to your personal file! Related Articles © 2016 HR records management in business. All rights reserved. We use cookies to give you the best experience on our website.

Part-time work is work in any position other than the main one. Such work must be done on a regular basis.

The part-time worker can work before or after the working day, or on a day off from the main job (the latter option is usually used when).

It can be permanent or temporary if it is necessary to temporarily replace an employee (for example, or on a long business trip).

If an employee works in another position in the same organization, this is called an internal part-time job. Fulfillment of work duties for another employer - external part-time job.

Employer's responsibility

Failure to provide annual paid leave when working part-time is an administrative offense.

Punishment for him is provided for by 5.27 of the Code of Administrative Offenses.

Official will issue a warning or issue a fine in the amount of one to five thousand rubles.

An organization can be fined from 30,000 to 50,000 rubles.

Moreover, the case with each employee can be considered as a separate offense. In this case, the total amount of the fine will depend on how many such cases are detected by the labor inspectorate.

Conclusion

So, let's summarize the results regarding leave at the main place of work and part-time:

1. A part-time employee is an employee who is already working in a job other than the one for which he is accepted.
2. He can work no more than half the working time of the main employee.
3. All guarantees, including vacation, are provided to the part-time worker in full.
4. During a vacation in the main position, it must be provided at the workplace part-time.
5. Part-time employee leave is paid according to the general rules based on average earnings.
6. Failure to provide is an administrative offense that is punishable by a fine.

Is it necessary to provide rest days for an employee who performs duties in several positions or works additionally?

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In relation to such a subject, the Labor Code of the Russian Federation retains all the stipulated guarantees. In particular, the amount of the rate does not limit the right to leave or its duration.

The concept of combination

The time when the employee is free from performing functions in relation to the organization with which he has concluded an employment contract, he can use at his own discretion. Including activities that generate income.

general information

A part-time job is a permanent, regularly paid job in a period that does not coincide with the performance of duties in the main service.

Unless otherwise provided by regulatory enactments, the number of organizations where you can work in this manner is not limited.

The principles of part-time employment are regulated by the Labor Code of the Russian Federation:

• work in different areas within the same company, or simultaneous employment in several structures is allowed;
• The agreement notes the fact that labor obligations are performed in free time from the main load.

Part-time employment is prohibited for some categories:

• minors, if in the process of additional activity the influence of harmful and dangerous production factors exceeds established by law norms;
• management employees vehicles or their movement (drivers, machinists, tractor operators, dispatchers).

In addition, the code provides for restrictions for certain groups:

• heads of organizations can perform labor functions in another company with the permission of the owner or his authorized body at the main place;
• athletes and coaches have the right to lead additional activity from another entity with the prior consent of the base employer.

For teachers, employees of cultural institutions, doctors and pharmacists, special conditions for part-time work are provided:

• in free time, regular employment in the same or alternative position, profession, in another organization or in the main place is allowed, as well as in situations where the duration of the working period is reduced;
• in structures engaged in advanced training and retraining of personnel, it is possible to teach in the interval established for the performance of basic duties, and the salary is maintained at the same time.

In relation to various categories, their maximum quotas for the performance of labor functions in combination have been established:

Some types of work are not considered part-time jobs and, accordingly, do not require an employment contract.

Their list includes:

• literary, scientific and creative activity without holding a regular position;
• examination with a one-time payment;
• consulting services in institutions provided by highly qualified specialists, as well as teaching activities with a time payment (no more than 300 hours per year);
• the implementation by a person who is not related to the permanent staff of the management of graduate students, doctoral students, department or faculty;
• pedagogical work in the same educational structure for additional remuneration;
• excursions with the calculation according to the piecework scheme.

External

This is a type of part-time job when an employee works in two or more organizations at the same time. Moreover, the activity is of a regular nature, formalized by a contract and paid.

internal

This order of employment involves the implementation of labor functions in different positions in the same company. The performance periods do not overlap.

Regulatory regulation

The principles of part-time work are laid down in chapter 44 of the Labor Code.

Additional information can be found in the acts of the structures of the executive and judicial authorities.

These are the rulings:

• 1 dated January 28, 2014 of the plenum of the Supreme Court of the Russian Federation, regulating the labor of women, persons under the age of 18, and citizens with family responsibilities;
• 197 dated 04/04/2003 (last edition 09/04/2012) of the Government of the Russian Federation and 41 dated 06/30/2003 of the Ministry of Labor, establishing the features of the activities of teachers, doctors, pharmacists and workers of cultural institutions.

Documents can be downloaded here:

In addition, for certain categories there are restrictions on the implementation of activities on a part-time basis. For example, persons undergoing alternative civilian service are not entitled to work in other organizations.

Are vacations allowed under the Labor Code of the Russian Federation and which ones?

Part-time workers are entitled to enjoy the benefits and security guaranteed by the acts listed below:

• labor legislation;
• normative documents;
• collective agreements;
• local regulations.

Another annual

According to article 286, this type of regular paid rest is provided under the following conditions:

• simultaneously with vacation at the base place;
• if the employment agreement was concluded less than 6 months ago;
• extended by time off at his own expense, if the rest interval is longer at the main job.

Additional

This is leave, which, according to the regulations of the Russian Federation, is provided to certain categories of employees in addition to the main one:

• for harmful working conditions;
• due to irregular working hours;
• due to the difficulties associated with the performance of functions in the regions of the Far North and other territories equated to them.

Federal legislation establishes additional leave of varying duration for the following groups:

• employees of Russian representative offices abroad located in countries with special conditions;
• athletes and coaches;
• judges;
• civil and municipal employees;
• prosecutors, scientific and pedagogical employees of the Prosecutor's Office of the Russian Federation;
• professional rescuers involved in the elimination of emergencies;
• customs officers;
• persons affected by the disaster Chernobyl nuclear power plant or exposed to radiation as a result of tests at the Semipalatinsk test site.

In addition, employers have the right to independently provide for additional leave for their subordinates by including an appropriate provision in the employment contract or issuing a local act.

There are no exceptions for a partner.

Therefore, if his position or nature of activity belongs to the category to which additional days of paid rest are allocated, then he is provided with the same.

Maternity leave (for pregnancy and childbirth and childcare)

A part-time woman has the right to paid rest, which is issued due to disability associated with motherhood.

In this case, she is obliged to present the following documents to the employer:

• statement;
• duplicate sick leave certified at the main place of employment.

After maternity leave, you can request release from direct duties to care for a child:

• no special features have been established for external part-timers;
• for an employee who has several personnel numbers, registration is carried out separately for each position or profession;
• to avoid issuing unnecessary orders use .

A part-time worker can receive a child care allowance only at one place of employment to choose from.

If it is decided to apply for payment to an organization that is additional work, then you need to provide confirmation that compensation is not provided on the basic one.

Training

For a situation where an employee receives education on the job, the Code provides for a number of guarantees and compensations.

True, they are provided exclusively at the main place.

Thus, the employee has a choice:

• continue to work additionally during the period of study leave;
• take time off without pay.

If it is decided to temporarily interrupt part-time activities, the following papers must be presented:

• statement;
• copy .

The duration of the vacation is agreed with the management of the company, which is not the base place of employment. In addition, the employer has the right to reject the employee's application.

Unpaid leave may be issued to a part-time employee if the following conditions are met at the same time:

• there is a good reason;
• a corresponding application has been submitted;
• obtained the consent of the employer.

At the same time, the Labor Code of the Russian Federation provides for a list of preferential categories that cannot be denied rest without maintenance:

• participants in the Second World War;
• old-age pensioners who continue to work;
• parents or spouses of police officers, FPS, customs authorities, UFSIN, military personnel who died or died in the process of performing their immediate duties;
• working disabled people.

In addition, the employee will have to be released for the following reasons:

• the appearance of a child;
• marriage;
• death of a close relative.

Since there are no instructions in the code regarding the rejection of the request of a part-time job belonging to one of the groups named above, leave without pay should be granted.

In other circumstances, the head has the right to assess the appropriateness of the application and make a decision at his own discretion.

For irregular working hours

An employee may qualify for additional paid rest if he works in a special regime that allows him to be involved from time to time to perform direct duties outside the fixed working time interval.

The procedure for granting such leave has several features:

• the duration is established by a collective agreement or internal regulations and cannot be less than three days;
• the position of the employee must be included in the list approved by a local regulatory act or an agreement regulating relationships in the corporate process;
• the number of cases of involving an employee to carry out activities under the conditions of a special working day does not affect the possibility of providing rest.

Number of days

According to Art. 115 of the Labor Code of the Russian Federation, leave when working part-time with the preservation of average income is granted for each year and cannot be less than four weeks.

If the employment agreement includes a condition that allows to reduce this period, then it is considered invalid. Such a conclusion can be drawn on the basis of Part 2 of Art. 9 of the Code, which prohibits depriving an employee of the guarantees established by law.

Part-time workers have the right to claim full security provided for by the regulations of the authorities, collective agreements and local orders.

In this regard, the duration of additional rest, which is due to some groups of employees, is not subject to reduction:

Category	Number of added calendar days
Athletes and coaches	From four
Employees of municipal structures	no more than fifteen
Prosecutors	From 15 (depending on experience)
Employees of the RF IC	5 to 15
civil servants	From 1 to 10 (length of service is taken into account)
Professional lifeguards	Up to 5 (1 day per 24 hours of work)
customs officers	5 – 15
Chernobyl	14

In addition, persons performing labor functions in a difficult environment can count on additional rest:

How many days are required if an employee works at 0.5 rates?

Part-time work does not affect the duration of the main vacation. Accordingly, it must be provided to a part-time job in the same amount as to employees who perform their duties all day.

Additional leave granted to certain groups of workers, by analogy, will be issued for the entire period established by official documents.

In some cases, the right to additional days of rest is specified by the achievement of certain indicators.

Example

An employee performs his labor functions in a shop with harmful conditions for three hours a day. For ordinary employees, on the basis of a special assessment, an additional vacation of 14 days is provided for with a standard working time of 30 hours a week.

Decision:

To determine whether such a rest is due to a part-time job in this situation, you need to refer to the Instructions from the Decree of the USSR State Labor Committee No. 273 / P-20 dated 03/21/1975 (edition 01/26/2017).

From paragraph 12 it follows that at the expense of the interval for the implementation of labor functions under harmful conditions there is an interval equal to at least half a working day. 3 hours is one half of the norm.

So, in the considered case, additional leave is provided.

Is it paid?

The average income for the period of release from work is maintained for the following types of holidays:

• basic;
• additional;
• on pregnancy and childbirth.

For the period of caring for a child under 1.5 years old, an allowance in the amount of 40% of the average salary can be assigned.

The limit value of such compensation is established by law and cannot be obtained in several places at the same time.

How to properly arrange and calculate vacation when working part-time?

An employee who performs duties in several positions in one organization or performs labor functions in different companies is granted annual rest with pay in the same manner as an employee in the main place.

Namely:

• until December 17, a vacation schedule for the next year is drawn up;
• if later the date has changed, then the rest is provided upon the written application of the employee, otherwise, only an order is sufficient;
• further, it is necessary to fill out the time sheet and personal card of the employee;
• now you can calculate the payout and make it.

If an employee is disabled

In accordance with 181-FZ, an agreement with a person whose physical capabilities are limited must include a condition on establishing extended vacation– 30 calendar days instead of 28:

• if disability documents were submitted after the conclusion of the employment agreement, an adjustment will have to be made;
• in case of non-confirmation of the group by the next commission, the contract is again amended.

External part-time worker

They are associated with the preparation of the schedule, the determination of the period of release from the performance of direct duties and the possibility of extending it with rest without pay.

Provision procedure

To arrange a vacation external part-time the following rules must be taken into account:

• if, when drawing up a schedule, an employee finds it difficult to name the exact date, then it can be omitted by marking the category of employee in column 10;
• the employee must make a written statement;
• management is not entitled to refuse if the specified period coincides with the rest at the main place (documentary evidence is not required);
• an employee who has worked less than 6 months is granted an advance payment for release from labor functions.

Documentation

Sample application:

Order

The form of the order is unified.

It is filled in in the following order:

• full name of the employee and his personnel number;
• structural subdivision;
• position;
• period of work for which rest is assigned;
• how many days are provided;
• interval.

Sample Notice

Two weeks before the start of the vacation, the employee is given a notice. There is no special form.

You can compose it yourself using the wording below:

In what cases do you need a certificate from the main place of work?

A part-time worker cannot be refused to arrange a day off without saving the content, if it is necessary to equalize the length of holidays in the basic and additional service.

To confirm the duration of rest at the main place, a certificate or an extract from the schedule is attached to the appeal.

How is it reflected in the spreadsheet?

When filling out the unified forms T-12 and T-13, the days of annual paid rest are marked with the letter code OT or digital 09, respectively.

Payment amount

Vacation pay to a part-time worker is calculated in accordance with Art. 139 of the Labor Code of the Russian Federation. The procedure is the same as for employees in the main place.

For the calculation, the actual income is taken, taking into account the hours worked.

Taxation

From the payment to the employee for the period of his next vacation, it is necessary to transfer personal income tax in the amount of 13% by the end of the current month.

Standard deductions can be provided by any of the employers on the basis of a written application and documents confirming the right. If the external part-time worker has not used vacation, then the compensation that is paid upon dismissal is taxable, since it is not included in the list approved by Art. 217 of the Labor Code of the Russian Federation.

In addition, vacation pay is included in the base on contributions. The accrued fee shall be sent to the budget no later than the 15th day of the next month.

income tax

When determining the amount to be sent to the budget in expenses, it is necessary to take into account:

• holiday pay together with personal income tax in the part that is accrued for rest days falling on the current period;
• insurance premiums at the time of their calculation.

STS income minus expenses

The costs on the date of transfer can include:

• vacation pay without personal income tax;
• the amount of personal income tax;
• contributions.

STS income

The amount of advance payment and tax is reduced by the amount of contributions in the interval when they were paid.

UTII

Contributions reduce the amount of funds to be transferred to the budget in the quarter in which they were sent.

An example of accrual and calculation

To find out the amount of vacation pay you will need:

the main formula OT \u003d SDZ * KD;

• FROM - the amount of payment;
• KD - the number of calendar days of rest.

Average earnings per day:

SDZ \u003d BO / KODRP

• BO - the amount of income for the billing period, which is defined as 12 months preceding the rest;
• the base does not include vacation pay, allowances, travel allowances, financial assistance;
• KODRP - the total number of days worked for a specified period of time.

Each month is considered separately and is recognized as equal to 29.3 days, if there are no gaps in this period when the employee rested, was ill, went on a business trip or was released from the performance of labor functions while maintaining average earnings for other reasons.

If there were unworked days in the month, then it is determined by the expression:

KODM / CHKDM * 29.3;

• KODM - the number of worked days of the month;
• ChKDM - the number of calendar days.

As an example, consider how to count vacation pay for an external part-time worker Romashkin E.D., if he rests for four weeks, starting from March 20, 2020:

• billing period from 03/01/2016 to 02/28/2017;
• from 07/11/2016 to 08/07/2016 the employee was on vacation, and the rest of the time he performed direct duties;
• the amount of salary in the settlement interval amounted to 225 thousand rubles;
• vacation pay (July-August 2016) - 17 thousand rubles.

10 months have been fully worked out: March-June and September-December 2016, January-February 2020, so each such month will be considered equal to 29.3 days.

• 10 days worked in July, 24 in August, which for calculating vacation pay are taken equal to 9.45 (10/31 * 29.3) and 22.68 (24/31 * 29.3), respectively;
• in the billing period, the total number of days worked was 325.13 (10 * 29.3 + 9.45 + 22.68);
• the base for calculations is 225 thousand rubles, since the amount of vacation pay is not included;
• average daily earnings 692.03 rubles. (225 thousand rubles / 325.13 days).

The amount of vacation pay will be - 19376.86 rubles. (692.03 rubles * 28 days).

In accounting, it is necessary to carry out the following correspondence:

For internal collaborator

If an employee carries out several types of activities with one employer at the main place of employment, then he is entitled to leave for all positions.

How is it provided?

An internal part-time worker has the right to claim paid rest for each year of work, in the same period as the main vacation.

Registration is carried out in the following order:

• positions are included in ;
• 14 days before the date specified in the plan, the employee is given a notice;
• for each position, an order is issued by the head to grant leave;
• calculation and payment is made.

A written request from the employee is not required, except in the case where the release from work with the preservation of the average income is granted in advance.

According to Art. 286 of the Labor Code of the Russian Federation, such an appeal must be satisfied without fail.

Order

In order not to draw up several orders regarding the vacation of a part-time employee, you can use the T-6a form.

When filling in the table indicate information for each position:

• Personnel Number;
• structural subdivision;
• type, period, duration, date of vacation.

The employee must be notified two weeks in advance. The notification is made in any form.

If you issue an order to release from work two weeks before the start of the holiday, then you can do without notification.

In this case, all legal requirements will be met.

How is it reflected in the spreadsheet?

If an employee occupies several positions, then an appropriate number of labor agreements must be concluded with him.

Then fill in the same number of personal cards and assign personnel numbers. Thus, the accounting of working hours is kept separately.

Vacation pay

Payments are calculated for each position held, and then summed up. Their volume does not depend on the size of the bet.

Taxation

Employee income includes:

• holiday pay for basic and additional rest;
• related compensation.

They are included in the personal income tax base at a rate of 13%. In addition, these amounts are subject to insurance premiums and injury fees.

An example of accrual and calculation

Nikonorova N.G. has been working as a manager at Betta LLC since 24.08.2014. She is entitled to a basic vacation of 4 weeks. There is no entitlement to additional paid holidays. Since 08/05/2016, it has been issued by the operator for 0.5 rates to the same organization.

During the performance of labor functions, there were no periods that are excluded from the vacation period, namely, release from work due to:

• caring for a child up to three years;
• time off at own expense - more than 14 days during the year;
• absence from the workplace without a good reason;
• removal from duty due to the fault of the employee.

The 2020 schedule provides for vacations lasting 28 days:

• in a basic position from 03.04 to 30.04;
• together in the same interval.

The billing period is 04/01/2016 to 03/31/2017, and from 06/27 to 07/24 the employee was on vacation.

In the considered interval, the salary is accrued:

• main place - 550 thousand rubles;
• additional - 200 thousand rubles.

• determine the months worked entirely (April-May, September-December 2016, January-March 2020;
• incomplete periods - June 2016 (4/30*29.3= 3.91 days) and July (27/30*29.3=25.52 days);
• the total number of days worked is 322.43 days. (10*29.3+3.91+25.52);
• average earnings per day 1705.80 rubles. (550 thousand rubles / 322.43 days);
• the amount of vacation pay is 47,762.30 rubles. = 1705.80 rubles. * 28 days

Rest of the operator Nikonorova N.G. also paid.

To find out the size of the enumeration, you must adhere to the following algorithm:

• full months - 7 (September-December 2016 and January-March 2020);
• not worked out all of August 27/31 * 29.3 = 25.52 days;
• the billing period is 230.60=29.3*7+25.52;
• average income per day - 867.30 \u003d 200 thousand rubles. / 230.60;
• the amount of the payment is 24284.48=867.30*28.

Total vacation pay: 72246.78=24284.48+47762.30.

Nuances

Normative acts are difficult to understand for ordinary citizens who do not have a legal education, and often have an ambiguous interpretation. As a result, many questions arise that require clarification.

How to combine the period of rest for the main and additional work?

According to Art. 286 and 287 of the Labor Code of the Russian Federation, at the request of the employee, leave at the second place of employment can be provided in the same interval as at the base.

Besides:

• if on additional work the employee is less than six months old, rest is provided in advance;
• in a situation where the duration of the vacation in the main place is longer than part-time, it is allowed to arrange time off at your own expense.

Should the periods of rest of such employees be indicated in the vacation schedule?

If the part-time worker cannot name the exact time of release from duties in the base organization, then it is not necessary to enter the expected date into the plan.

At the same time, in column 10 (Note), information must be added that the work is additional.

Is there compensation for unused days of rest upon dismissal and when continuing work?

In connection with the provisions of Art. 2 of the Labor Code of the Russian Federation, paid leave of 28 calendar days must be provided annually.

At the same time, it should be borne in mind that when summing up or transferring holidays to the next period, only a part of each of them, exceeding four weeks, that is, an additional vacation, can be replaced with money.

Art. 127 of the Code establishes the right of an employee to monetary compensation for all unselected days off, regardless of what caused the termination of the contract.

What should an employee who is dismissed from his main place of work do during a part-time vacation?

An employee can apply to the management of the company where he was employed additionally with a proposal to change the status of activity to basic. If consent is obtained, then two options for formalizing the relationship are possible.

Method 1

Terminate the old employment contract and sign a new one. To do this, you will need to interrupt the vacation, and, therefore, recalculate the payment.

Method 2

Conclude an additional agreement to the existing contract. In this case, dismissal compensation is not needed and the vacation period is not interrupted.

What if the internal part-time worker was on sick leave?

In case of temporary disability by the employee himself, his annual rest must be extended or rescheduled for another period.

Caring for a family member will not affect the vacation interval in any way.

Is it possible to arrange a vacation for an employee who has worked at an additional place of work for 1 month?

Labor Code of the Russian Federation, Part 1, Art. 286 clearly established how to go on vacation to a part-time worker who has been in the organization for less than six months.

Having submitted a certificate of the period of the next rest in the base company, he has the right to count on an advance.

If the request is not granted, self-going on vacation cannot be equated with absenteeism.

What should an employee do if there are more days of rest at the main place than in another organization?

The employee has the right to demand registration of leave without maintaining the content of the corresponding duration.

Thus, according to the regulations of the Russian Federation, the following conclusions can be drawn regarding the rest of a part-time worker:

• the same number of days is due as for any other employee;
• at the request of the employee, the vacation must be issued in the same period as at the main place;
• you cannot refuse to arrange time off at your own expense if one of the positions requires additional rest.

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