Is an internal part-time employee paid a seniority bonus? The bonus for the experience of external part-time workers For the length of service, the external part-time worker must be paid

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2. Tell me, is an allowance for the length of service paid to external part-time workers in education?

2.1. Unknown. The procedure and conditions for remuneration of labor, including its parts, are determined not by legislation, but by the employer or the owner of the institution.

3. Does the budgetary organization pay a bonus for the length of service to external part-time workers?

3.1. It depends on the specific organization. Everywhere in different ways.

4. Does an internal part-time worker have the right to receive a seniority bonus.

4.1. In the Labor Code, such payments as for length of service are not directly indicated, these payments are regulated by the Regulations on remuneration adopted for municipal employees - municipal regulations, for regional - acts of the regions. With regard to federal - acts Federal bodies the authorities in charge of the institution.

5. Is the remuneration paid for the length of service of part-time employees?

5.1. the answer to this question can be given by studying the approved provision on remuneration for seniority

6. Should a part-time worker be paid seniority benefits?

6.1. An additional payment for seniority is charged only at the main place of work, where you are registered under an employment contract. At a part-time job, a civil contract is drawn up, which does not provide for vacation, sick leave, or additional payment for seniority

6.2. Yes, they should.

Article 287. Guarantees and compensation to persons working part-time

Guarantees and compensations to persons combining work with training, as well as to persons working in the Far North and equivalent areas, are provided to employees only at the main place of work.

(art. 287, " Labor Code Russian Federation"dated 30.12.2001 N 197-FZ (as amended on 22.11.2011, as amended on 15.12.2011))

7. Are part-time employees getting paid?

7.1. What do you mean by payment for length of service? Bonus, premium? what category of persons. Clarify your question

8. I am not paid the length of service for the combination positions ... the employer refers to the fact that the part-time workers do not receive payments for the length of service ... is it legal?

8.1. Hello.

No, it’s wrong.

9. I work as a labor protection specialist, I receive a payment for the length of service, I work part-time in the same school as a contract manager, do I have the right to receive a payment for the length of service for the combination and what law can I refer to.

9.1. Article 287. Guarantees and compensation to persons working part-time

Guarantees and compensations to persons combining work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at the main place of work.
(as amended by Federal Law of 02.07.2013 N 185-FZ)
Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.
(as amended by Federal Law of 30.06.2006 N 90-FZ)

10. There is a provision on the remuneration of a part-time worker-it says that he gets everything as for the main position-specifically about the length of service there are no records-in the position of the length of service about part-time workers also-nothing is said-does the part-time worker have the right to receive length of service?

10.1. Hello! Article 287. Guarantees and compensation to persons working part-time
"Guarantees and compensations to persons combining work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at the main place of work.
Other guarantees and compensations stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full. "

11. Hello, I work in the field of education at the main job and in the field additional education part-time external. Will I be credited with seniority and an honorary title at a part-time job, if these are different organizations by profile?

11.1. Good day!
It will be, because additional education about the Federal Law "On Education in the Russian Fed." refers to educational activities.
I would also like to note that in order to carry out activities for the provision of services in the field of additional education, it presupposes obtaining a license from the Ministry of Education.

Good luck to you!

11.2. Good day!
Yes, of course, in the situation under consideration there are legal grounds for this.
All the best, good luck!

12. Is an allowance for seniority imposed on an external part-time worker in the federal state budget educational institution?

12.1. Hello! An external part-time employee is charged a seniority bonus if this is provided for by collective or labor contracts or other local regulations.

13. My daughter works as a musician. teacher in comprehensive school at the main job and as an external part-time in the music. school. Our area is equated to the area of ​​the Far North (Irkutsk region). the school does not pay her seniority benefits and incentives, they say that a part-time job is not supposed to. Is it so? And the second question. She has a rate of 15,000, but she is 3 hours short of the rate and she gets 12,000, which is below the minimum wage. How to be?

13.1. In general, the conditions of remuneration for part-time workers according to the Labor Code of the Russian Federation are no different from the conditions for remuneration of workers who do not work on part-time conditions, the only difference is the time of work.Therefore, if your daughter is not paid extra for part-time work, then this is illegal. Labor Code of the Russian Federation we are talking about the obligation of the employer to ensure the payment of wages not lower than the federal minimum wage, which is now 7500 rubles.

13.2. she is not paid a payment for the length of service and stimulating, they say that a part-time job is not supposed to. Is it so? To answer this question, you need to familiarize yourself with the Organization's remuneration regulation. This is not regulated by federal laws.
She has a rate of 15,000, but she is 3 hours short of the rate and she gets 12,000, which is below the minimum wage. What to do? No one is obliged to pay extra up to the minimum wage when working on part-time, alas.

14. I was notified of the layoff from the second job (part-time), but on permanent place I only have 10 hours (a teacher at school), in total there was a rate, I had enough for seniority, how to be now, I have to provide a rate of 18 hours at work, but in my specialty, so 2 part-time workers work, they suit the administration, my child is 8 years old, I am left without a normal salary, what should I do?

14.1. In such a situation, it all depends on your employment contract. If a rate is specified, then the employer is obliged to provide it. Write to him a statement about the provision of a load on the rate, and in case of refusal, appeal. The director always has the opportunity to find the missing watch.

15. Should they pay a seniority bonus to an external part-time worker in a budgetary organization. Thanks.

15.1. Persons working part-time are subject to the provisions of the organization on bonuses.

16. Please explain the situation with the external part-time worker. If he is granted leave at the main place of work, is the employer obliged where the employee is registered concurrently to send him on leave without his consent, or in this case the employee's desire can be taken into account?

Please tell me which legislative act amended 25-FZ "On municipal service"in part additional leave by length of service.

16.1. The employee's desire must be taken into account.

17. My name is Anna. I work at school as a teacher of extracurricular activities in my main job and part-time in a technical school. I have 25 years of teaching experience, but neither at my main job nor part-time I am paid a supplement to my salary for length of service. Is it correct? I live in Crimea. Thanks.

17.1. seniority benefits are paid only at the main place of work.

18. I would like to know if I am entitled to receive a seniority pension. IN kindergarten I worked music director from 1985 at the same rate, but from 2000 to 2006 the groups in our kindergarten were reduced and worked for 6 years at 0.75 rate, but at the same time I worked part-time in music school Solfeggio teacher. I was assigned a pension, I received it for 3 months and now it was taken away from me referring to the fact that it was in the music. school is not entitled to a pension, is that correct? Thanks.

18.1. Hello! For work in institutions of additional education (in particular, in a music school), a pension is required, but special conditions are provided for offsetting these periods of service (special experience of at least 16 years 8 months as of January 1, 2001 + the fact of work, regardless of its duration in institutions of additional education in the period from November 1, 1999 to December 31, 2000). You most likely did not have the required length of service as of January 2001, but these are only my assumptions (you do not give specific formulations of the reasons for the termination of the payment of your pension). But even if you do not take into account the period 2000-2006, you should already have 25 years of special experience.
It may be advisable to go to court regarding the restoration of pension payments.
Best regards, A.D. Ruslin.

19. I work at the school as an external part-time worker, they stopped paying seniority, they never pay incentive allowances, motivating what I get at my main job, every summer I work at a summer recreation area. Can the headmaster make me work on the site?

19.1. A part-time worker has the same labor rights as any other employee. you can only force you to do what is provided for by your job description and an employment contract.

20. Do you get additional payment for seniority of the internal part-time worker? (main job - cashier, internal joint - cleaner)

20.1. Yes, they do.

21. I am not paid for the length of service and the bonus by March 8, referring to the fact that I am an external part-time worker and a local act existing in the organization. Key employees receive these payments. I work full time. Is the employer right?

21.1. Hello! Yes that's right

21.2. Hello. No. Part-time work gives the same rights and guarantees as the main employees

22. At our LNA enterprise, a seniority bonus is provided for main employees, while there is a proviso that this bonus is also established for external part-time workers, but not for internal ones. Is it legal?

22.1. Hello! It is the employer's right to pay the allowance only at the main place of work.

22.2. Only the employer decides this.

23. I have been working in a music school (main place) since 1983 with a break (overseas. Business trip in another specialty) 3 years-1986-1989. In 2001, I had not worked out 16.8 years ped. seniority, and I do not receive a seniority pension. In 2012, I got a part-time job in a kindergarten, worked for 3 years as a music director. Can I currently apply for a seniority pension in kindergarten, using the pedagogical experience of a music school?

23.1. Hello. Check with the Pension Fund of Russia for all pension issues.
We - DO NOT SEE YOUR DOCUMENTS. Therefore, we can only assume. But fortune-telling is done on other sites.
Moreover, the legislation has changed twice since 2001. At present, at least 25 years are required to obtain teaching activity.
"persons who have been carrying out pedagogical activities in institutions for children for at least 25 years, regardless of their age;"

In addition, since the additional payment for combining professions (positions) is part of the salary, the regional coefficient and the percentage allowance are charged on it (Articles 315, 316 of the Labor Code of the Russian Federation), which is included in the calculation of average earnings (Part 2 of Article 139 of the Labor Code of the Russian Federation , clauses "k" of clause 2 of the Regulation on the specifics of the procedure for calculating the average wage, approved by the Government of the Russian Federation of 12.24.2007 N 922). Article 60.2 of the Labor Code of the Russian Federation emphasizes that combining work is paid additionally. In accordance with Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee is paid an additional payment.

Payment for length of service when combining positions

Of the Labor Code of the Russian Federation, the employer is the initiator of imposing on the employee the work of combining professions (positions), and therefore he is obliged to make an offer about this in writing... Assigning additional work to an employee to combine professions (positions) changes his labor function.
Since the condition on the labor function is mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), and the change determined by the parties the terms of the employment contract are allowed only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation), in this case it is necessary to conclude an additional agreement with the employee to the employment contract.

Remuneration for labor when combined

In any case, combining professions (positions) is an employee performing additional work on another staffing unit available in the staffing table. Moreover, all these types of additional work are allowed subject to the following conditions: - with the obligatory consent of the employee; - within the normal working hours, that is, not overtime.

Important

The combination of professions and positions is allowed, as a rule, within the boundaries of the category of personnel to which the part-time job belongs: for example, teachers will not be appointed to replace an accountant. For your information. An offer to perform additional work by combining positions is a right, not an obligation of the employer.

Is the seniority supplement charged correctly when combined?

The last stage of registration of the combination, at which the employee must confirm his consent with the imposition of additional duties on him and the amount additional remuneration for combination is the issuance by the employer of an order for combination, which indicates:

• the basis for issuing the order (for example, "in connection with the employee's annual basic paid leave");
• deadline for completing additional duties;
• amount of additional payment for combination;
• the order of the accounting department to carry out the calculation of wages to the employee, taking into account the provisions of the order.

The employee must be familiarized with the order against signature. If the employee does not agree with the order and refuses to sign it, he cannot be assigned additional responsibilities. In this case, additional work may be assigned to another employee.

Additional payment for combining positions

Another option is to conclude an additional agreement to the main labor agreement on imposing an additional amount of work on the employee for the same or another position (part 1 of article 60.2 of the Labor Code of the Russian Federation) - combining or expanding service areas. The Regulation on Remuneration establishes that the additional payment for seniority is not charged to part-time workers.
Find out in the personnel service how the director's pedagogical part-time job is formalized. Suppose the director has only one employment contract. To him there is an additional agreement on pedagogical work.

Attention

Pay the additional payment for the length of service on the salary. The director has two employment contracts. Pay the additional payment for the length of service on the salary for the main position.

• type of additional work;
• scope of work;
• deadline;
• the amount of the surcharge and other conditions.

Thirdly, the employer must issue an order on the imposition of additional duties on the employee, with whom the latter must be familiarized with signature. If the employee does not agree with the order, add. responsibilities are assigned to another employee. Fourthly, the employee is given the right to refuse to perform an additional amount of work before the expiration the deadline... In this case, he must notify the employer of his decision at least three working days before the termination of the additional.
responsibilities.

Is an internal part-time employee paid a seniority bonus?

• Themes:
• Supplements
• Part-time job

Question In a music school, the director still has a teaching load 24 hours a week, approved by the head of the Department of Culture and included in the tariffication as of September 1, 2015. According to the Regulations on Remuneration, the increasing coefficient to salary for seniority is not paid to part-time employees. Should we charge a seniority supplement to the director for teaching load? Answer If the director performs additional pedagogical work under a separate second employment contract, do not charge remuneration for length of service on payments under the second employment contract. Additional work can be done in different ways. One option is to conclude a separate employment contract with the same employer for performing work in their free time from the main job (part 1 of article 282 of the Labor Code of the Russian Federation) - internal part-time job.

Features of calculating additional wages for combining work

In this regard, the teacher's claim was denied. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation in its rulings dated August 30, 2013 No. 93-

KGPR13-2, dated June 24, 2011, No. 52-B11-1 decided that wages without the inclusion of the regional coefficient and a percentage allowance for continuous work experience should be at least the minimum wage. Consequently, the regional coefficient should also be charged on the salary of a part-time worker, equal to half of the minimum wage.

Part-time vacation It may also happen that for positions held by an internal part-time worker, a different length of vacation will be provided. For example, a teacher combines the position of a laboratory assistant. The teacher's vacation is 56 days, and the laboratory assistant - 28.

Should I accrue a seniority supplement with a part-time job?

For the combined position, the tariff rate is set at 135 rubles / hour. The salary of an employee in the main position in this case will be 19 320 rubles.

(115 rubles / h x 168 h). Additional payment for combining - 11 340 rubles. (135 rubles / h x 168 h x 50%). That is, the total amount of wages will be equal to 30,660 rubles. ((19 320 + 11 340) rub.). Situation 3 The employee has an hourly wage rate of 115 rubles per hour. For combined positions - a salary of 22,000 rubles. The salary at the main place of work will be 19 320 rubles. (115 rubles / h x 168 h). Additional payment for combining - 11,000 rubles. (22,000 rubles x 50%).

The total salary will be equal to 30,320 rubles. ((19 320 + 11 000) rubles). So, we examined the main features of combining work and the procedure for remuneration in this case.

Home / Part-time / Teacher The Labor Code of the Russian Federation establishes that every citizen, in his free time from the main place of work, has the right to perform other regular duties for the same or another employer for an additional fee (internal or external part-time job). Attention But federal legislation also introduces other norms that concretize the specifics of combining employment for certain categories of specialists, and are mandatory for both employers and employees. These categories include pharmacists, doctors, employees of cultural and educational institutions. The specifics of the part-time work of teaching staff will be the focus of attention in this article. Of the Labor Code of the Russian Federation The basic norms of part-time employment are reflected in the Labor Code in Art. 60, 282-288.

Part-time teacher work

Who is entitled to additional payment for teaching experience Based on Art. 8 of the Labor Code of the Russian Federation employers, with the exception of employers - individuals who are not individual entrepreneurs, local regulations are adopted containing labor law norms, within their competence in accordance with labor law, as well as other normative legal acts that contain labor law norms, collective agreements and agreements. Read more about wages here: At the same time, LNA cannot worsen the position of workers in comparison with the established labor legislation and must include guarantees provided by the state in the field of wages.

Additional payment for seniority for teachers

Info

In this case, additional work may be assigned to another employee. Additional payment for combining positions Another option is to conclude an additional agreement to the main employment contract on assigning an additional amount of work to the employee for the same or a different position (p.

Labor Code of the Russian Federation) - combination or expansion of service areas. The Regulation on Remuneration establishes that additional payments for seniority are not accrued to part-time employees. Find out in the personnel service how the director's pedagogical part-time work is formalized.

Suppose the director has only one employment contract. To him there is an additional agreement on pedagogical work. Attention Pay the additional payment for the length of service on the salary.

The director has two employment contracts. Pay the additional payment for the length of service on the salary for the main position. One more point. The employer has the right to establish any procedure for calculating additional payments.

Work experience allowances for an internal part-time worker

Attention

They regulate the relationship between the employer and the employee that arises when the latter performs the functions assigned to him in excess of those determined by the labor agreement for the position already held. But the teaching staff belongs to the professional caste for which Art.

Combination and combination of teaching staff

• citizens who are hired for work related to vehicle management or traffic management Vehicle if at the main place of work they perform the same labor duties(part 1 of article 329 of the Labor Code of the Russian Federation). The list of positions and professions covered by this restriction was approved by the Decree of the Government of the Russian Federation of January 19, 2008 No.
  № 16;
• Bank of Russia employees holding positions, the list of which is approved by the Board of Directors of the Central Bank of the Russian Federation (Article 90 of the Law of July 10, 2002, No. 86-FZ);
• state civil and municipal employees (Article 17 of the Law of July 27, 2004 No. 79-FZ, Article 14 of the Law of March 2, 2007 No. 25-FZ);
• military personnel (paragraph 7 of article 10 of the Law of May 27, 1998 No.

Does the payment for combining positions include seniority

Additional hours of part-time workers will be counted in the preferential teaching experience for calculating early retirement only if they work in second place at full staffing... Such length of service can be confirmed on the basis of the employer's certificates issued in accordance with the requirements of the law and containing all the requisites established by law.

Additional information The teaching experience includes the fulfillment of pedagogical, managerial and methodological duties in educational institutions. Nuances Part-time work for teachers is not prohibited, but it has its own specifics.
Not all types of pedagogical activities are recognized as part-time, some of them can be performed by an employee for an additional fee, but without registration of combination. An employment contract for part-time teachers is concluded only when employment with another employer.

Is the length of service paid to part-time employees

An exception has been made only for those military personnel who will concurrently engage in pedagogical, scientific or creative activities. Ipc-zvezda.ru Important This means that full-time work should be compensated for by a reduction in work time (less than four hours) on other part-time work days.
At the same time, the presence of an employee on long leave at the main place of work does not allow exceptions to this rule. This follows from the provisions of Articles 132, 284 of the Labor Code of the Russian Federation. An example of a part-time job full-time A.S. Kondratyev works at Alpha as a part-time manager. He has a five-day work week... In accordance with the Alfa staffing table, the salary of managers is 30,000 rubles. Kondratyev's remuneration is made in proportion to the hours worked.
As an additional argument, it can be noted that the legislation does not oblige the employer to check whether the employee has other part-time jobs and the working conditions for them. As a result, in practice, a situation is possible when an employee, without notifying the employer about other places of work, concludes another contract in which set limit the opening hours will no longer be respected. Revealing such facts without a special check is quite problematic, however, if they are discovered, there is no reason to bring the employer to responsibility due to the absence of his fault. What documents need to be requested from an external part-time worker in order to establish an eight-hour working day for him at a part-time job

Additional payment for the experience of teaching staff in combining

Therefore, the manager, at the request of the employee, is obliged to provide him with unpaid leave for the corresponding duration. However, if the employee does not express such a request, then he is obliged to go to a part-time job before the end of the leave at the main place of work.

Length of service for part-time employees The court concluded that the calculation by the teacher of the working time from the standard number of working days in each month is not based on the law: since the accounting period determined by the employer is a calendar year, it means that overwork can be established only at the end of this period ... In this regard, the teacher's claim was denied. As for the regions in which the district coefficient is applied, the Supreme Court of the Russian Federation in the rulings of August 30, 2013 No. 93-KGPR13-2, of June 24, 2011 No.

• Payment for length of service when combining positions
• Remuneration for labor when combined
• Is the seniority supplement charged correctly when combined?
• Additional payment for combining positions
• Is an internal part-time employee paid a seniority bonus?
• Calculation features additional fee for the work of combining
• Should I accrue a seniority supplement with a part-time job?

Payment for length of service when combining positions of the Labor Code of the Russian Federation, the employer is the initiator of the assignment to the employee of combining professions (positions), and therefore he is obliged to make an offer about this in writing. Assigning additional work to an employee to combine professions (positions) changes his labor function, since the condition of the labor function is mandatory for inclusion in an employment contract (Art.

Commentary on Article 285

1. The law does not establish any specifics in the remuneration of part-time workers. Under the time-based wage system, wages are determined in proportion to the time worked, with piecework - depending on the output or on other conditions determined by the employment contract. If, with the time-based wages of a part-time worker, standardized tasks are established, wages are made according to the final results for the actually completed amount of work.

The minimum wage for part-time workers is adjusted taking into account the fact that they do not work the full norm of working hours, but only part of it.

2. Remuneration for labor in cases where a part-time worker performs work in special conditions, in conditions deviating from normal, is made in an increased amount (Art. Art. 146 - 154 of the Labor Code). Part-time workers working in areas where regional coefficients and allowances are established wages, labor is paid taking into account these coefficients and allowances. So, in the regions of the Far North and equated localities, both regional coefficients and percentage allowances for work experience in these areas and localities have been established (see Articles 316, 317 of the Labor Code and a commentary to them). Part-timers have the right to both.

3. Separate normative acts establish the rules for the payment of part-time employees of percentage allowances for continuous work experience. Such allowances are paid:

BUT) medical professionals part-time established posts in healthcare organizations and social protection the population financed from the federal budget and the budgets of the constituent entities of the Russian Federation (Resolution of the Government of the Russian Federation of February 28, 1996 N 213 "On allowances for the duration of continuous work for medical workers holding part-time positions in health care organizations and social protection of the population"). The procedure for the payment of interest allowances is regulated by the Decree of the Ministry of Labor of Russia dated October 8, 1992 N 18 "On the establishment of allowances for the duration of continuous work for doctors, pharmacists and other employees of health care and social protection institutions", the Regulation on remuneration of healthcare workers of the Russian Federation, approved by the Order of the Ministry of Health of Russia dated October 15, 1999 N 377 and the letter of the Ministry of Health of Russia dated April 4, 1994 N 2510 / 2357-97-32 "On the procedure for paying an allowance for the duration of continuous work to medical workers working part-time";

B) civilian personnel of bodies of the Ministry of Defense of the Russian Federation (clause 1 of the Regulations on the calculation of the length of service of civilian personnel of individual bodies of the Ministry of Defense of the Russian Federation for the payment of a monthly bonus for length of service, approved by Order of the Ministry of Defense of Russia dated March 2, 2001 N 90);

C) employees hired part-time by the Ministry of Emergencies (clause 1 of the Regulation on calculating the length of service for the payment of a monthly percentage bonus for the length of service to employees of individual agencies of the EMERCOM of Russia, approved by Order of the Ministry of Emergencies of Russia dated March 23, 2001 N 141);

D) employees of individual bodies of the FAPSI (clause 13 of Appendix 1 to the Order of the FAPSI dated June 8, 2001 N 142 "Conditions for the payment of an allowance for complexity, tension, high achievements in work and a special mode of work, monthly bonus for length of service, bonuses based on results work and provision material assistance civilian personnel of individual bodies of FAPSI ").

Other incentive allowances can be paid to part-time employees on the terms stipulated by the collective agreement, agreements, local regulations of the organization.

Comments to the Labor Code of the Russian Federation

Length of service to part-time workers

I work as a labor protection specialist, I receive a payment for the length of service, I work part-time in the same school as a contract manager, do I have the right to receive a payment for length of service for combination and what law can I refer to.

Article 287. Guarantees and compensations to persons working part-time Guarantees and compensations to persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at the main place of work. (as amended by Federal Law of 02.07.2013 N 185-FZ) Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, are provided to persons working part-time, in full. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Should a part-time employee be paid seniority and qualification category?

This procedure for calculating allowances (including seniority allowances) applies to all employees working part-time. See the terms of the contract, as well as the Regulation on remuneration. Labor Code of the Russian Federation, Article 285. Remuneration for the work of persons working part-time The remuneration of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract. When establishing standardized tasks for persons working part-time with time-based wages, labor remuneration is made based on the final results for the amount of work actually performed. Best wishes.

Naturally, part-time workers are required to pay all incentive bonuses that are provided for by the regulation on remuneration, as well as to main employees.

Is there a seniority bonus for an external part-time worker in a federal state budgetary educational institution?

Hello! An external part-time employee is charged a seniority bonus if this is provided for by collective or labor contracts or other local regulations.

Tell me, is an allowance for the length of service paid to external part-time workers in education?

Unknown. The procedure and conditions for remuneration of labor, including its parts, are determined not by legislation, but by the employer or the owner of the institution.

Should they pay a seniority bonus to an external part-time worker in a budgetary organization. Thanks.

Persons working part-time are subject to the provisions of the organization on bonuses.

Does the budgetary organization pay a premium for the length of service to external part-time workers?

It depends on the specific organization. Everywhere in different ways.

I work at the school as an external part-time worker, they stopped paying seniority, they never pay incentive allowances, motivating that I get at my main job, every summer I work at the summer recreation area. Can the headmaster make me work on the site?

A part-time worker has the same labor rights as any other employee. you can only force you to do what is provided for by your job description and employment contract.

Do you get a seniority supplement for an internal part-time worker? (main job - cashier, internal joint - cleaner)

I am not paid for the length of service and the bonus by March 8, referring to the fact that I am an external part-time worker and a local act existing in the organization. Key employees receive these payments. I work full time. Is the employer right?

Hello! Yes that's right

Hello. No. Part-time work gives the same rights and guarantees as the main employees

Does an internal part-time worker have the right to receive a seniority bonus.

I work as a director in a recreation center, I receive payments in rural areas and for seniority, I work as an external part-time manager at a school, do I have the right to receive the same payments and what law can be referred to.

Yes, you can receive all payments and allowances

I work as a director in a recreation center, receive payments in rural areas and for seniority, as an external part-time job at a school as a manager, do I have the right to receive the same payments.

Am I eligible for a seniority multiplier as an external part-time worker?

Hello! All benefits and allowances apply to external part-timers

Is there an allowance for an external part-time worker for length of service, if he receives it for his main job? And on the basis of what documents?

The allowance can be applied only if the external co-assistant earned it while working part-time

Is there a bonus for an external part-time worker for length of service, if he receives it for his main job? and on the basis of what documents? - not allowed.

Are part-time seniority remuneration paid?

the answer to this question can be given by studying the approved provision on remuneration for seniority

Should a part-time worker be paid seniority benefits?

An additional payment for seniority is charged only at the main place of work, where you are registered under an employment contract. At a part-time job, a civil contract is drawn up, which does not provide for vacation, sick leave, or additional payment for seniority

Yes, they should. Article 287. Guarantees and compensations to persons working part-time Guarantees and compensations to persons who combine work with training, as well as persons working in the Far North and equivalent areas, are provided to employees only at the main place of work. Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full. (Art. 287, "Labor Code of the Russian Federation" of 12/30/2001 N 197-FZ (as amended on 11/22/2011, as amended on 12/15/2011))

Are part-time employees getting paid?

What do you mean by payment for length of service? Bonus, premium? what category of persons. Clarify your question

Long-term service allowance for a part-time worker.

Question-answer on the topic

Update on No. 472682 dated 01/20/2015 Hello! I would like to clarify my previous question. The employee has been working at the main place of work for 8 years and receives a seniority bonus. From 12.01.2015, it was issued at 0.5 part-time rates. In this case, does he need to accrue a bonus for length of service on an internal part-time job?

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we report the following: In general, part-time employees are entitled to all guarantees stipulated by labor laws and local acts.

Separately, there are regulations that oblige part-time workers to establish percentage allowances for continuous work experience.

Therefore, if according to the position in which the part-time worker is working, a bonus for seniority is provided for by a local act, then it must be established, regardless of whether it is a part-time worker or an internal one.

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Is the additional payment for the length of service paid to external part-time workers in a budgetary organization?

Question-answer on the topic

We are a budgetary organization, which has a supplement for seniority. Is this seniority paid for external part-timers?

In accordance with article 287 of the Labor Code of the Russian Federation, guarantees and compensation to persons combining work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at the main place of work.
Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

In the Labor Code, such payments as for length of service are not directly indicated, these payments are regulated by the Regulations on remuneration adopted for municipal employees - municipal regulations, for regional - acts of the regions. In relation to federal - by acts of the Federal authorities, which are in charge of the institution.

For example, in accordance with the Order of the Ministry of Internal Affairs of Russia of 01/31/2013 N 65 "On approval of the Procedure for providing monetary allowances for employees of the internal affairs bodies of the Russian Federation", payment for part-time work is made:

in the positions of employees - in the manner prescribed by the legislation of the Russian Federation;

in the positions of employees - based on the salary established for the position to be replaced on a part-time basis, as well as all other additional payments provided for this position, except for the percentage increase for the length of service (length of service), in proportion to the time worked.

And according to the Resolution of the Cabinet of Ministers of the RT dated 10.12.1999 N 813 (as amended on 04.08.2008, as amended on 14.12.2010) "On the implementation of the Law of the Republic of Tatarstan" On libraries and librarianship"(Together with the" Charter state institution « National Library Of the Republic of Tatarstan ”,“ Regulations on the procedure for the appointment of monthly allowances to the official salary (rate) for the length of service of library workers ”), librarians working part-time have the right to appoint a bonus for length of service.

The assignment of the allowance is made on the basis of the order of the director of the library, issued at the request of the commission for establishing the length of service.

Thus, it is impossible to unequivocally answer your question without knowing the specifics of the institution.

See regulations for your region.

Details in the materials of the System:

1. Answer: How to apply for a part-time job. N.Z. Kovyazina

The procedure for working in combination

With a part-time job, an employee, in his free time from the main job, performs other regular paid work under a separate labor 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 job) and in other organizations (external part-time job) (part 3 of article 282 of the Labor Code of the Russian Federation).

Number of part-time jobs

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

Should an employer hiring an external part-time worker check whether he has a main job

Directly, the Labor Code of the Russian Federation does not oblige an employer who hires an external part-time worker to ask him for confirmation of his main job. An exception is made in individual cases of hiring employees, in particular, managers, when the consent of the founders from the main job to a part-time job is required, or employees of harmful professions, when confirmation is required that the employee's main place of work is not associated with harm (Part 1 of Art.276, Part 5 of Art.282 of the Labor Code of the Russian Federation).

In addition, if in the process of work a part-time worker on certain days requires him to establish a full working day due to the fact that at the main place of work he is free from performing labor duties, then this fact will also have to be confirmed by documents from the main place of work: a certificate of the work schedule an employee, an extract from the order of suspension, etc. (part 1 of article 284 of the Labor Code of the Russian Federation). When granting leave to a part-time employee, it is also recommended to require a certificate from the main place of work stating that the employee is sent on main leave during the same period, since leave at the place of part-time work is provided simultaneously with leave at the main job (part 1 of article 286 of the Labor Code of the Russian Federation ). Thus, in the process of activity, moments may periodically arise that require confirmation of the fact of the employee's work at the main place of work, and if the employee does not have such a place, then there is a high probability that this fact will be revealed. In particular, information about the absence of the main place of work can also be found in the event of an employee's illness, when the employer requests a copy of the work book from the part-time employee to calculate and confirm his work experience.

An employee's concealment of the absence of the main place of work indicates the employee's bad faith and may negatively affect him, first of all, when assigning a pension and confirming the insurance period. Therefore, if it is discovered that there is no main job for an external part-time worker, it is recommended to bring the relationship in line with the law, that is, to make the transition from part-time job to the main job with part-time work or terminate the employment contract in connection with violation of the rules for its conclusion (clause 11, part 1 Article 77 of the Labor Code of the Russian Federation). These measures will subsequently help to avoid questions about the legality of granting or not granting rights and guarantees that differ from the main employees (the right to annual and educational leave, the payment of separate allowances, the right to hospital benefits, etc.).

In the same time labor legislation does not provide for the automatic retraining of a part-time employment contract into an employment contract at the main place upon detection of the fact that the employee does not have a main place of work. In this connection, there is another position that the employer does not need to take any action in this situation.

In the absence of official clarifications and judicial practice on this issue, each organization independently makes a decision. Representatives of Rostrud, in unofficial explanations, adhere to the first point of view - the need to bring relations in line with the law.

Is it possible to hire a soldier for a part-time job

By general rule it is forbidden.

An exception has been made only for those military personnel who will concurrently engage in pedagogical, scientific or creative activities. At the same time, part-time work should not interfere with the performance of an employee of his military duties. This is stated in paragraph 7 of Article 10 of the Law of May 27, 1998 No. 76-FZ.

Is it possible to hire a part-time worker who is the director of a municipal unitary enterprise

As a general rule, it is impossible.

The heads of unitary enterprises are not entitled to engage in other paid work, both in commercial and in budgetary organizations... An exception is made only for those leaders who will be involved in teaching, scientific or other creative activities in combination. This is stated in paragraph 2 of Article 21 of the Law of November 14, 2002 No. 161-FZ.

Can the same person be the chief accountant in two organizations at the same time (in one - by work book, in the other - part-time)

The Labor Code of the Russian Federation does not establish any restrictions or special requirements for part-time work for chief accountants.

Part-time job is the performance of other paid work by an employee in his free time from the main job. This concept is spelled out in article 282 of the Labor Code of the Russian Federation. In this case, an employment contract must be concluded with a part-time job, which indicates that the work is part-time.

Is it possible to arrange a part-time employee in the same organization and in the same position in which he already works as the main one

In accordance with article 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude employment contracts for performing other regular paid work during his free time from the main job with the same or another employer. Thus, the Labor Code of the Russian Federation does not contain a ban on part-time work in the same organization and in a similar position. In addition, another job can be understood not as a different labor function, but as an activity outside of the main work time within the framework of an independent (other) employment contract.

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Similar conclusions follow from the letters of Rostrud dated June 18, 2012 No. 873-6-1 and dated June 1, 2011 No. 1495-6.1.

It should be noted that previously, Article 98 of the Labor Code of the Russian Federation allowed internal part-time employment only in another profession, specialty or position. However, on October 6, 2006, it became invalid.

Thus, taking into account the position of Rostrud, internal part-time work is possible in any profession (specialty, position), including those similar to the one that the employee performs at the main place of work.

Is it possible for an external part-time worker to establish an internal part-time job

Yes, you can, subject to the time constraints of part-time work.

An employee may have several part-time jobs. At the same time, the Labor Code of the Russian Federation does not prohibit the conclusion by an external part-time worker of another employment contract for another job with an employer for whom he already works part-time. Thus, the assignment by the employer of a part-time job to a part-time employee of the second (one more) part-time job is permissible and does not contradict the requirements of the law.

The question of whether such a second part-time job with the same employer will be internal seems to be controversial. According to the established practice, external part-time job is opposed to the main job at the time of the conclusion of the first employment contract with another employer, that is, any other part-time job in relation to the main job will be external. In order to avoid confusion and disputes over the wording in the contract being concluded, it is better not to focus on the type of part-time job: internal or external, that is, just use a part-time contract.

In any case, when concluding a second (and subsequent) employment contract with an employer for part-time work, it is necessary to limit the duration of such work in total for both (all) jobs for this employer.

Such conclusions follow from the totality of the provisions of Articles 60.1, 284 of the Labor Code of the Russian Federation.

Is it possible to hire a part-time employee who will work on Saturday and Sunday. At the main place of work, he has a five-day working week.

With a part-time job, an employee, in his free time from the main job, performs other regular paid work under a separate labor contract (part 1 of article 282 of the Labor Code of the Russian Federation).

Thus, the organization has the right to hire an employee for a part-time job, who will work on Saturday and Sunday, despite the fact that he has a five-day working week at the main place, and he will have these days off.

At the same time, do not forget that the duration of the part-time job should not exceed half of the working time per month (another accounting period) established for the corresponding category of employees (part 1 of article 284 of the Labor Code of the Russian Federation).

This approach applies to both external and internal part-time workers.

Length of the working day of a part-time worker

As a rule, the duration of working time for part-time workers cannot exceed four hours a day (Article 284 of the Labor Code of the Russian Federation). But if an employee is free from the main job (on any day), then he can work part-time on that day full time. However, during one month (another accounting period), the duration of the part-time job should not exceed half of the working time per month (another accounting period) established for the corresponding category of employees. Such restrictions are established by part 1 of article 284 of the Labor Code of the Russian Federation.

The restrictions on the duration of part-time working hours do not need to be observed if at the main place of work the employee:

suspended work due to a delay in the payment of his salary (part 2 of article 142 of the Labor Code of the Russian Federation);

suspended from work for health reasons with the retention of his position for up to four months in the cases provided for in part 2 of article 73 of the Labor Code of the Russian Federation;

is the head, his deputy, the chief accountant of the organization ( a separate subdivision) and dismissed for health reasons with the retention of his position in the case provided for in part 4 of article 73 of the Labor Code of the Russian Federation.

This is stated in part 2 of article 284 of the Labor Code of the Russian Federation.

When is part-time work considered overtime

Overtime is considered to be work that exceeds the working time established for an employee (Article 99 of the Labor Code of the Russian Federation).

On days when an employee is employed at the main place of work, the daily duration of his part-time work cannot exceed four hours a day. For more than four hours a part-time worker can only work on days when he is not busy at the main place of work. For example, if at the main place of work an employee is not busy on any day, he can work part-time full-time (eight hours). Then overtime will be considered hours of work that the part-time worker has worked in excess of the prescribed eight hours. At the same time, the duration of part-time working hours for a month (another accounting period) should not exceed half of the working hours of the same category of employees working on a permanent basis (i.e. not part-time) for the same accounting period.

This procedure is established in article 284 of the Labor Code of the Russian Federation.

A part-time employee can work less than four hours a day. In any case, overtime work for him will be considered work in excess of the established norm of working hours. For example, if, under an employment contract, a part-time worker must work two hours a day, then any overtime work in excess of the established time will be considered overtime work.

Is it possible for a part-time worker to set an irregular working day

Part-time job is the performance of other work in the free time from the main job. The duration of working hours for such work should not exceed four hours a day (Articles 60.1, 282, 284 of the Labor Code of the Russian Federation).

Irregular working hours - a special mode of work, according to which individual employees can be involved in the performance of their labor functions outside the established working hours for them, subject to a number of conditions (Article 101 of the Labor Code of the Russian Federation).

Since the length of the working hours of a part-time worker is limited by law, he cannot be set on irregular working hours, regardless of how many hours a part-time worker works per day.

Do I need to shorten the working day of a part-time worker

Holidays in Russia are listed in Part 1 of Article 122 of the Labor Code of the Russian Federation. As a general rule, the duration of the working day (shift) immediately preceding the non-working day holiday, decreases by one hour. At the same time, reducing the working day by one hour does not reduce the employee's salary. This is stated in part 1 of article 95 of the Labor Code of the Russian Federation.

This rule applies to all employees, regardless of their work schedule and the length of the working day, including those who work part-time, both internal and external (Article 284 of the Labor Code of the Russian Federation).

For example, the duration daily work an external part-time worker is four hours a day. In accordance with part 1 of article 95 of the Labor Code of the Russian Federation, the duration of the pre-holiday working day of such an employee will be equal to three hours, that is, reduced by one hour in general.

For more information on how to show the hours of a part-time employee on such a day in the timesheet, see How to show the employee's work on the day before the holiday in the timesheet.

Can a part-time worker work full-time for a long time if he is on unpaid leave at the main place of work?

On days free from the performance of duties for the main job, a part-time worker has the right to work part-time for a full day (shift). At the same time, in total in the accounting period (month, quarter, etc.), he has the right to work no more than half of the total working time established for the corresponding category of employees. This means that full-time work must be offset by a reduction in work time (less than four hours) on other part-time work days. At the same time, the presence of an employee on long leave at the main place of work does not allow exceptions to this rule. This follows from the provisions of Articles 132, 284 of the Labor Code of the Russian Federation.

An example of a full-time part-time job

A.S. Kondratyev works at Alpha as a part-time manager. He has a five-day working week. In accordance with the Alfa staffing table, the salary of managers is 30,000 rubles. Kondratyev's remuneration is made in proportion to the hours worked. The accounting period for part-time employees at Alpha is one month.

In December 2012, Kondratyev was freed from his main job for two weeks. From 3 to 7 December and from 10 to 14 December 2012, he worked part-time full day - 8 hours. Half of the working time norm in December 2012 is 83.5 hours (167 hours: 2).

Since Kondratyev worked 80 hours in two weeks, he can work no more than 3.5 hours by the end of December 2012. This time Kondratyev worked on December 17, 2012.

For December 2012, Kondratyev will receive a salary in proportion to the actual hours worked - 15,000 rubles. (30,000 rubles / 167 h × 83.5 h), since I fully worked my working hours.

Can an employee work part-time full-time if his main job is long vacation at my own expense

Labor legislation does not contain any prohibitions on working on a part-time basis while on long leave without pay. At the same time, the duration of such work is limited - no more than half of the working time norm for the corresponding accounting period. Although on some days an employee can work full time, the specified norm-limitation for a part-time worker must be observed in the accounting period. Therefore, in general, an employee cannot work part-time full-time if he has a long vacation at his own expense at his main job. This conclusion follows from the totality of the provisions of Part 1 of Article 284 and Part 1 of Article 285 of the Labor Code of the Russian Federation.

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Can an employee continue to work on an internal part-time job in the evening if he is sent to refresher courses for his main job? Courses take place in the daytime in the same area where the employee lives and works

If a part-time employee is sent in the daytime to refresher courses for his main job, but at the same time has the actual opportunity to work internally in the evening, then the employer is obliged to provide him with such work, and the employee is obliged to perform it in accordance with the terms of the concluded contract (para. 3 part 2 of article 22, paragraph 3 of part 1 of article 21 of the Labor Code of the Russian Federation).

In such a situation, for the period under review, the employer is obliged, in addition to the average earnings for the main job, to pay the salary (and not the average earnings) for part-time work (paragraph 5 of part 1 of article 21, article 187 of the Labor Code of the Russian Federation).

Taking into account the above, referral to courses in the main job is not a basis for canceling part-time work, if there is a real opportunity to perform such work. For the period of training for part-time work, it is possible to issue a vacation at your own expense, but only with the consent of the employer (part 1 of article 128 of the Labor Code of the Russian Federation).

How to comply with the limitation of half the working time norm for a part-time worker: for each job or for a set of jobs. The employee has several part-time jobs

The legislation does not contain an unequivocal answer to this question.

Currently, two positions have been formed on this issue.

Supporters of the first believe that the restriction is set for the aggregate number of part-time jobs. In doing so, the following arguments are given.

Part-time work is all work performed by an employee outside the main place of work. Consequently, the limitation of half the working time must be observed for the totality of the workplaces of the part-time employee (part 2 of article 282 of the Labor Code of the Russian Federation). A different approach deprives the norm for limiting the duration of part-time work of its goal - to protect an employee from excessive workload aimed at preserving his life and health in the process of work (Article 209 of the Labor Code of the Russian Federation).

The opposite point of view is based on the fact that Article 284 of the Labor Code of the Russian Federation does not contain a clause that the limitation of the working time of a part-time worker should be observed for the totality of part-time jobs, therefore, the duration of the part-time job is limited for each of his part-time jobs, and not for their totality. A similar position is supported by Rostrud in letters dated November 14, 2013 No. 1007-6-1 and dated November 19, 2012 No. PG / 8814-6-1.

Taking into account the official position and the absence of opposite judicial practice on this issue, it is safe for organizations to use the second approach as well. As an additional argument, it can be noted that the legislation does not oblige the employer to check whether the employee has other part-time jobs and the working conditions for them. As a result, in practice, it is possible that an employee, without notifying the employer about other places of work, concludes another contract, in which the established limit on hours of work will no longer be observed. Revealing such facts without a special check is quite problematic, however, if they are discovered, there is no reason to bring the employer to responsibility due to the absence of his fault.

What documents need to be requested from an external part-time worker in order to establish him an eight-hour working day at a part-time job

If a part-time employee is free from the main job on any day, then he can work part-time on that day, a full (including eight-hour) working day (Article 284 of the Labor Code of the Russian Federation).

Formally, the Labor Code of the Russian Federation does not oblige the employer of an employee who is an external part-time employee to document the release of the latter from his main job. At the same time, in order to avoid disputes with inspection bodies and organizations, it is better to document the release of an employee from his main job. Such confirmation can be, for example, a work schedule at the main place of work, an order from the main place of work to start downtime, an application for the suspension of work by an employee, etc. Certified copies these documents an external part-time employee has the right to request from the employer at the main place of work and provide the employer with whom he is employed part-time (Article 62 of the Labor Code of the Russian Federation). In addition, an employer for whom an employee works part-time can directly request such documents from the main employer in compliance with the general rules for working with personal data.

When setting a full-time employee to a part-time employee, the employer should remember about limiting the total duration of working hours during the accounting period.

Prohibition of part-time jobs

citizens who are employed with harmful and (or) dangerous working conditions, if their main job is associated with the same conditions (part 5 of article 282 of the Labor Code of the Russian Federation);

citizens who are hired for work related to the management of vehicles or traffic management of vehicles, if at the main place of work they perform the same labor duties (part 1 of article 329 of the Labor Code of the Russian Federation). The list of positions and professions covered by this restriction was approved by the RF Government Decree of January 19, 2008 No. 16;

Bank of Russia employees holding positions, the list of which is approved by the Board of Directors of the Central Bank of the Russian Federation (Article 90 of the Law of July 10, 2002, No. 86-FZ);

security guards in relation to public service and paid work in public associations(Art. 12 of the Law of March 11, 1992 No. 2487-1);

officials of the commanding staff and employees of the federal courier communications, employees staff bodies of the SVR of Russia, employees of the FSB of Russia (except for teaching, scientific and other creative activities) (part 5 of article 9 of the Law of December 17, 1994, No. 67-FZ, part 5 of article 18 of the Law of January 10, 1996 No. No. 5-FZ, part 6 of article 16.1 of the Law of April 3, 1995 No. 40-FZ);

judges, prosecutors, lawyers (except for teaching, scientific and other creative activities) (paragraph 3 of article 3 of the Law of June 26, 1992 No. 3132-1, paragraph 5 of article 4 of the Law of January 17, 1992 No. 2202-1, clause 1 of article 2 of the Law of May 31, 2002 No. 63-FZ);

members of the Government of the Russian Federation (except for teaching, research and other creative activities) (Article 11 of the Law of December 17, 1997 No. 2-FKZ).

In addition, the ability to combine for the heads of individual organizations is limited. In particular:

heads of unitary enterprises are not entitled to work part-time (except for teaching, research and other creative activities) (clause 2 of article 21 of the Law of November 14, 2002, No. 161-FZ);

leaders security companies not eligible to be on public service and perform paid work in public associations (Art. 12 of the Law of March 11, 1992, No. 2487-1);

rectors educational organizations does not have the right to combine the positions of the president of educational organizations higher education(Clause 12 of Article 51 of the Law of December 29, 2012 No. 273-FZ).

The heads of all other organizations have the right to work part-time only with permission authorized body legal entity or the owner of the property of the organization or a person (body) authorized by the owner (part 1 of article 276 of the Labor Code of the Russian Federation).

If the organization mistakenly hired an employee who is prohibited from working part-time, he will have to be fired under paragraph 11