The employer and employee must discuss all the nuances of remuneration at the drafting stage. employment contract. At the same time, everything must be within the framework of labor legislation. Article 285 of the Labor Code of the Russian Federation states that part-time remuneration can be made:
- in proportion to the time the employee worked;
- depending on how much the employee managed to work;
- on other conditions discussed with the employer and enshrined in the employment contract.
A part-time worker can work on a time-based basis. 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 hours of a part-time worker
Working hours are also one of the 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 work time part-time job is limited.
The working hours of a part-time worker cannot exceed four hours per working day (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). The period of working time of a part-time worker within one month is limited to half monthly norm working hours (or norms for another accounting period) determined for the same category of workers.
Part-time work. Salary
Calculation wages a part-time worker and an employee at the main place of work are carried out identically.
The salary of a part-time worker, as well as an employee working at the main place of work, may consist of:
- salary;
- bonuses;
- other payments.
The salary of a part-time worker is set according to the company’s staffing table. In this case, the calculation is made taking into account the fact that the working time of a part-time employee is shorter than the working time of the main employee.
If the company has established bonuses and other additional payments, then they also apply to part-time workers.
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 remuneration for part-time workers is made taking them into account (Part 3 of Article 285 of the 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. In this case, the employer is interested in maintaining the part-time worker’s salary at in full. In this case, the employer has the right:
- add to staffing table change by adding a position with higher qualifications with the number staffing units-1/2 and with the corresponding amount of official salary;
- determine the part-time employee’s payment depending on the amount of work performed. This condition is necessarily stipulated in the employment contract.
Remuneration for internal part-time work.
The remuneration of a part-time worker working in the same company and at his main place of work does not differ from the rules described above. His payment depends on installed system wages and, accordingly, time spent on work (with a time-based system), or the volume of work performed (with piecework payment). Salary external part-time workers- workers who come to work part-time from another company are also governed by the rules described above.
How to pay part-time workers is a pressing question for many employers. The employee works regularly, but is not a primary employee. 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.
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?
Basic moments
How is a part-time employee paid? The main indicator when calculating wages is the work schedule.
But if you compare part-time workers and main workers, you shouldn’t strictly separate them. Part-time workers are not at all a separate category of employees.
The only difference is part-time work, usually a part-time work week or a shorter day.
When paying for part-time work, all payments due to a regular employee are taken into account. These include allowances, stipulated coefficients, and standard surcharges.
Necessary concepts
Part-time work is a work activity that an employee carries out in addition to his/her main job. work activity time.
The concept of “wages” predetermines. In the statement of law under wages Of course, reward for the work performed.
In this case, the following is taken into account:
- employee qualification level;
- the circumstances and complexity of the work performed;
- volume and quality of duties performed;
- incentive payments.
Compensation payments mean, for example, compensation for:
- performing duties in conditions other than normal (overtime, night work);
- activities in unusual climatic conditions;
- work in areas with unfavorable background radiation;
- other similar surcharges.
Incentive payments are intended to motivate employees and increase production efficiency. It can be:
- bonuses for exceeding the plan;
- bonuses for successful work;
- incentive payments for distinguished employees;
- other payments.
Documenting
An employee working part-time is registered in the same way as the main employee. That is, an employment contract is concluded with him.
Based on this, the employee is assigned a personnel number and started. The main regulator for payroll is becoming.
Its text must contain information about the procedure and conditions of remuneration. This is how the following data is written:
- position according to the staffing table;
- required salary;
- allowances;
- bonus payments;
- other additional payments.
As a rule, part-time workers are assigned a salary in the amount of fifty percent of the salary amount due to the main employee in this position.
However, the employer has the right to apply other payment options, in particular:
- time payment;
- payment for actual products produced;
- payments based on performance results.
The employment contract is certified by the signature and seal of the manager. Published by organizations.
After this, the part-time worker is considered a full-time part-time employee. His salary is calculated by analogy with the main employees.
Normative base
The norms of the Labor Code of the Russian Federation do not establish any special conditions payment for part-time work.
If a time-based payment system is used, then the actual time worked is taken into account and the salary is directly proportional to it.
When paying for work on a piece-rate basis, the amount of wages is determined by the terms of the contract. All requirements regarding the remuneration of part-time workers are specified in.
If the part-time worker is paid on a time-based basis with standardized tasks, then in this case the activity is paid for the amount of work actually performed, regardless of the time spent.
For example, if the part-time worker is a cleaner and for her the amount of space to be cleaned is clearly limited, then the work can be completed in two hours while maintaining the established salary.
When carrying out part-time activities, the employee has the absolute right to any increases and additional payments established by law.
Also, a part-time worker, on an equal basis with the main employees, must receive compensation determined by local regulatory acts of management.
Article 133 of the Labor Code of the Russian Federation states that the monthly salary of an employee cannot be less than the established minimum wage. Regarding the remuneration of part-time workers, the law does not have such a clear definition.
But it is logical to assume that if the employee is accepted at half the rate, then the payment should be accordingly.
That is, if the subject carries out part-time work, the minimum wage is determined in the amount of ½ of established norm.
IN this document contains information about all hours worked by employees. The timesheet is maintained by a person authorized by the manager.
The accounting employee who calculates the salary, after submitting the accounting sheet, checks it for compliance.
That is, the correctness of the enrollment, recording and sick days, indications of working hours at night and holidays, etc.
The accuracy of the calculation of hours worked for each employee is also verified.
For a part-time worker working on a time-based basis, the amount of wages is determined by multiplying the hours worked by the tariff rate. Then the required allowances and surcharges are added to the amount received.
For example, if work was carried out at night, then this period is additionally paid by multiplying night hours and the surcharge coefficient.
Work on holidays and non-working days, if any, is paid as for main employees. That is, the tariff rate is doubled.
Wage
The salary level of a part-time worker is determined by the conditions.
At the same time, the employer is free not only to follow generally accepted standards, but also to establish his own calculation procedure.
For example, a part-time worker may be given a fixed salary without taking into account the actual time worked.
But regardless of the form of remuneration, a part-time worker is entitled to all regional coefficients and allowances applicable to main employees.
If, as remuneration for part-time work, the Labor Code proposes additional payment for the actual volume, then for part-time work, the recommendations of the law are different.
The Labor Code proposes to pay for part-time work in proportion to the time worked. In this situation, monthly salary rates are applied (0.5; 0.25 and others).
If a part-time worker works four hours a day every day, then he is given a rate of 0.5%.
For lower daily output, a lower rate is established. Consequently, the salary of a part-time worker is, in principle, less than the salary of the main employee.
Nuances on incentive payments
Can a part-time worker receive a full-time salary? If payment is made on a time basis, then definitely not.
In this case, it turns out that the employee works full time, which means that he is, in fact, the main employee, which requires documentation.
However, the salary of a part-time worker can be increased due to incentive payments. In addition to the bonus for qualifications, these may include additional payments for the amount of work actually done, if it exceeds the norm.
Also, the employee can be encouraged for high performance indicators and so on. IN in this case the appointment of additional payments is entirely at the discretion of the employer.
The upper salary threshold for a part-time worker is not limited by law. But speaking of incentive payments, we cannot ignore the fact that the salary of a part-time worker is less than the norm established by law.
According to labor legislation, the main employee cannot receive a salary lower than the minimum wage, the minimum wage.
Consequently, a part-time worker must receive a salary no less than the established minimum wage, but taking into account the rate determined for him.
At the same time, the part-time employee pays, like the main employees, all required contributions and taxes. As a result, the amount he receives may be less than the norm required by law.
The employer must pay the remaining amount. For example, an employee working at a quarter rate is entitled to a minimum salary of 1/4 of the minimum wage. As of January 1, 2016, the minimum wage was set at 6,204 rubles.
With a salary of 5,200 rubles, the “net” salary of a part-time worker who does not receive bonuses and other payments will be 1,300 rubles, which is less than the norm.
In this case, the employer must pay an additional 251 rubles in order for the salary to comply with the requirements of the law.
Receiving an advance
Concerning the receipt of an advance by part-time workers, disputes do not subside. Some people think that a part-time worker’s salary is already not great, so there is no need to divide it into parts.
The law is clear on this matter - part-time workers should receive wages on an equal basis with main employees. Therefore, the advance payment to the part-time employee is paid simultaneously with all employees.
As for the amount of the advance, as usual it is equal to forty percent of the salary.
It is advisable to specify the amount of the advance payment in the employment contract. This will eliminate possible misunderstandings.
What is the minimum incentive amount?
According to the employer, the employer has the right to reward employees who excel in certain criteria.
Quite a lot of citizens have recently been 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 the employment contract provides for any individual bonuses, they must also 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 employees 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 define either minimum or maximum size 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 minimum size wages in the amount of 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.
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 labor activity in connection with the 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 certain categories of certain industries, in particular for pharmacists and teachers, in accordance with the standards enshrined in 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 on a full-time basis.
Part-time work: salary
Attention
Article 60 of the Labor Code of the Russian Federation prohibits requiring an employee to perform work not stipulated by the 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 there is no minimum amount of additional payments for implementation extra work and part-time work - how to determine 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 Labor Code RF. 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 carry out the transfer of a part-time worker without his consent, but with the condition that the new position will also be a secondary employment, and fulfillment new duties are not contraindicated for the worker due to 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 a certain type of 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, during his 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. Payment for part-time and part-time workers is based on on different grounds and is charged 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 hours of a part-time worker Working hours are also one of the mandatory conditions that must be stipulated 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.
- Basic moments
- 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 paragraphs 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.
