Leave for a part-time worker is issued in accordance with all the rules of the Labor Code, because he is the same employee, even if he does not work full time. Since an employment contract with part-time workers must be concluded, then guarantees must be provided to them. But is it fully? In theory, since a part-time worker does not work his wages, he should rest in proportion to the amount of work he has worked. But this is not at all true from the position of Rostrud, judicial practice and the Labor Code. It is worth noting that our logic does not always coincide with the logic of legislators. It is for this reason that we first study the laws and then turn on logic.
A little about part-time work
Legislators allow you to work for several bosses, as long as it does not affect the results of your work. And in every organization, a personal file is opened for each employee, the main document of which is the employment contract. That is, how many works - so many contracts .
Additional work can be assigned both at the main place and in another company.
An internal part-time worker is an employee “sitting on two chairs,” or rather, two workplaces in one company. He has one boss, but two jobs, and he combines different staffing units. Part-time work is called internal, since two jobs are combined within one organization.
An external part-time worker works outside the scope of his main job, in another organization. Where they also open a personal file on him, sign an agreement and assign him a personnel number.
Rules for granting leave to a part-time worker
Whatever the part-time worker is - external or internal, everything labor guarantees he is entitled to.
Article 286 of the Labor Code obliges directors to let part-time workers go on vacation during the same period indicated in the vacation schedule for their main job. Even if an employee has not worked part-time for even six months, he should still be given leave - in advance. At the same time, if the vacation at the main place is longer than here, then, upon his application, you are obliged to place him on administrative leave for the remaining period.
Vacation dates
Nuance: if, on the contrary, a part-time worker has a longer vacation than at his main job, no one is obliged to extend it!
And about the duration of a part-time worker’s vacation, Article 93 of the Labor Code says this: even if an employee does not work full time, his vacation is not cut, he can take the same 28 days (or longer).
Vacation schedule
According to Article 123 of the Labor Code, it does not matter whether the employee has a main job or a part-time job, his vacation must be according to the approved schedule.
And you need to warn him no later than two weeks before this deadline.
Part-time vacation schedule
If the part-time worker is our own, that is, internal, then everything is simple - in the schedule we mark the same period as his main employee. What about an external part-time worker?
When applying for employment, the law does not oblige the employee to request a certificate or a vacation schedule from his main job. At the same time, the director obliges the director to release him at the same time as the main employer. Such discrepancies arbitrage practice explains this way: if a part-time boss is dependent on the vacation schedule at his main job, then he has the right to request supporting documents from the employee:
- vacation certificate;
- extract from the vacation schedule;
- a copy of the leave order.
However, without these documents it is still impossible to refuse leave to a part-time worker.
Leave from main job is longer
Nuance: if the leave from your main job is longer and you have given your part-time worker administrative leave, Do not enter this period into the vacation schedule, it will be reflected in the timesheet.
Part-time work while on vacation from your main job
Yes, it happens that the main place is vacation time, but the employee continues to work part-time. Is it really possible for vacation time to different jobs didn't match?
Rostrud, by letter No. 1248-6-1 dated September 08, 2009, clarified that a part-time worker’s vacation must coincide with his vacation at his main job. This is motivated by the fact that the part-time worker loses the chance to fully relax.
However, there is such judicial practice when a judge recognizes part-time leave as legal without linking it to the main job.
In Russia, the requirements of the law are treated as follows: if it is not prohibited, then it is permitted. And since a direct ban on working during vacation is not enshrined anywhere, then the last word remains with the employee and the director - as they agree, so it will be.
We arrange a vacation
Since the Labor Code forces you to give two weeks notice about a vacation, we will notify you. Writing the notification text « I notify you that according to the vacation schedule, your annual paid vacation continues on 14 calendar days, and its period begins on February 4, 2016, and ends on February 18, 2016.».
The part-time worker must leave an autograph and a number on the notification.
Each employee periodically has the right to take annual paid leave, as well as other leaves provided for by law. But not everyone knows whether a person who works part-time is entitled to leave.
Indeed, in this case, many nuances arise during employment, documentation and dismissal. Let's figure out what rights this category of workers has.
Almost every citizen (with the exception of some exceptions) has the right, in addition to his main place of work, to fulfill obligations by holding another position in the same enterprise or in another.
This is a good way to earn money more money, after all work time will be big. But what about rest?
What types of leave are entitled to such employees, how to arrange them correctly, and do part-time workers always have the right to count on receiving benefits?
General information
Part-time workers have the same rights as the main employees of the enterprise, but there are some nuances that mandatory must be taken into account.
For example, you need to know what working time standards are established for part-time workers. After all, employers cannot allow violations of labor laws.
Let's also find out what the main regulations regulate the issue of granting vacations to this category of company employees.
What it is?
A company employee can become a part-time worker without leaving their main place of work. An employee can be an internal or external part-time worker.
In the first case, a person works in two positions at one enterprise, in the second - in different companies.
Leave rights are granted in accordance with. The duration of a part-time worker’s vacation cannot be less than 28 days, as stated in.
The procedure for granting part-time leave according to the Labor Code of the Russian Federation
Every citizen can take a vacation if he is.
Only in each specific case a little will be used different rules, in accordance with which leave is granted.
A part-time employee has the same obligations and rights as persons from the main staff of the company. The provision of vacations is guaranteed at the drafting stage.
The document must contain the rules according to which time for rest will be provided. If a person has worked for less than 6 months, he has the right to receive vacation in advance.
At the same time, it remains behind him. The type of part-time job will not affect the procedure for granting leaves to employees.
The part-time worker has the right to take:
- regular annual paid leave;
- additional;
- maternity leave
Additional leave is granted if:
- the person has irregular working hours;
- the employer wants to reward the employee;
- the employee works in dangerous or harmful conditions;
- the person has a lot of experience.
To receive maternity leave, a part-time worker must take leave from his main job. Payment is made at each workplace. Required condition– the employee must have worked for more than 2 years.
The part-time employer must provide a certificate of incapacity for work. At the clinic it is worth taking samples of certificates in the quantity that will correspond to the number of employers.
But receiving child care benefits is possible only at one job (a person has the right to independently choose where to receive such funds).
The amount of maternity transfers for all places of work cannot exceed the maximum established amount.
And the duration of such leave in a part-time workplace should last the same as in the main job.
If in another organization
If a person is going to take leave from a part-time job, the main
the employer may be provided with extracts from orders or certificates drawn up
arbitrarily.
Video: employer and employee. Part-time work
The employee independently notifies the manager about the vacation period at his second job. To do this, an application is provided, a sample of which can be found on the Internet.
At one enterprise
If an employee fulfills work obligations in two positions at one company, then payment is made by one employer. The internal part-time worker receives separate personnel numbers.
In all accounting documentation (in the report card, in), he is entered 2 times - as the main employee and part-time employee.
Vacation must be issued for each position separately, as if 2 were going on vacation different people. Payouts are also calculated twice and then summed up.
FAQ
Let’s take a closer look at what leave rules apply in specific cases.
For example, what should people do during maternity leave - are they entitled to receive benefits from each employer, or is the payment made only for one of the jobs? We will answer the most asked questions.
Taking maternity leave (for pregnancy and childbirth)
When going on maternity leave, a woman has the right to receive sick leave transfers from each employer according to the general rules.
This transfer is carried out at the expense of employers every month until the child turns 3 years old. Such expenses are classified as labor costs.
There is no indication in the legislative document whether you can receive such at your main place or at a part-time job.
Payment of compensation for unused vacation
If a person does not have time to use his vacation, he has the right to receive compensation. The amount of payment is determined taking into account the number of vacation days that the citizen used ().
If an employee is transferred without a dismissal procedure, then no compensation is due. The employee submits an application for the use of vacations that he did not take off, and then resigns.
In this case, the duration of the vacation will exceed the validity period, but the day of dismissal, again, will be considered the last day of vacation.
If at one enterprise or in one organization two contracts are concluded with an employee at once, and he is internal part-time worker, then for each of them, according to labor legislation, it is necessary to draw up
Leave for such employees is issued on the basis of the provisions Federal Law number 197, published in December 2001, and revised in December 2015.
In particular, Article 286 states that persons busy with work as part-time workers, are entitled to receive an annual vacation period simultaneously with. In this case, the employee is not important. If he worked for less than six months, vacation time at an additional workplace (got on a part-time basis) will be provided in advance.
If the period provided is less than the vacation established at the main place of work, management is obliged to extra space. At the same time, the employee is not paid for additional days of rest (he takes them at his own expense).
Types of vacation periods
Annual paid vacation
Persons employed in part-time jobs are assigned a part-time working day.
Labor legislation for such cases clearly indicates the length of the working day - it should not be more than four hours. This is due to the part-time worker’s full-time employment at the main workplace (he performs additional work at the second workplace only in free time).
In this regard, many believe that the annual paid vacation period at an additional place of work will be shortened. However, in fact, the part-time worker has the right to receive annual holiday in full. For example, if, according to the position he holds, 28 days of rest are supposed to be accrued, they will be provided to the employee in full.
It is also important for employers to consider the regularity of providing vacation periods at an additional workplace. If an employee has not received legal leave for several years in a row, this will be considered by the inspection authorities as a gross violation of labor laws. In addition, the minimum duration of the vacation period cannot be less than 28 days.
It is also important to take into account that a paid vacation period for an additional place is provided simultaneously with the paid (main) vacation period issued at the main workplace.
Additional paid leave
Such vacation is provided with payment in the following cases (if they are fixed by local regulations or provided for by labor legislation!): 
- As an incentive measure on the part of the employer. For example, for the employee’s special diligence in his work duties, exceeding established standards, eliminating accidents, and so on.
- If the employee agreed to work according to . For example, goes to workplace on weekends and holidays.
- If there are special conditions labor activity. For example, conditions that are harmful to the employee’s health or have an impact on adverse effect on his psyche. This may include activities in the chemical industry, hot shops, the mining industry, and medical laboratories related to biological materials contaminated with viruses.
- If the employee has a long working experience, and additional vacation periods established for this category of workers (profession or specialization) by labor legislation or departmental instructions.
- Pregnant employees have the right to receive maternity leave or at any workplace! It does not matter whether this is the main place of work or an additional one.
Maternity leave
As for receiving maternity benefits, an employee can apply for them if she has at least two years of experience in these jobs. And here state benefit, assigned based on child care, can be issued only at one of the workplaces.
The employee will have to decide whether her main or additional place of work will be indicated when applying for benefits.
Study leave
Such compensation will only be provided with the consent of the employer. Otherwise, the employee will receive additional days of rest without pay, so that the total number of days issued corresponds to the length of the vacation period at the main workplace.
Procedure and design features
The employer needs to consider two important points:
- If the vacation period at the main place of work is shorter than at the additional place, the employer is not obliged to extend the vacation for the employee. According to the Labor Code, feedback applies - the vacation period at an additional workplace is extended if it is shorter than the vacation issued at the main place of work.
- According to Article 123 Labor Code to provide annual leave periods to employees by employers must be prepared and approved special schedule. This rule also applies to part-time workers, that is, it does not matter whether it is the main or additional workplace.
Order documentation as follows: 
- The employee must be notified in writing of the approaching annual vacation period two weeks before it begins. The notice is drawn up in free form and contains information about the beginning and end of the vacation, as well as its duration.
- On the notification received, the employee must put the date of receipt of the document and his signature. It is important that the notification is not only drawn up, but also submitted for review no later than two weeks before the start of the vacation period.
- A signed notice is the basis for publication. This document is prepared by personnel department employees, and then signed by the head of the organization or enterprise and the employee himself (after reading the contents).
- If an employee has expressed a desire to receive a vacation period, regardless of the schedule established at the enterprise (for example, in connection with going on maternity leave or without pay), he must submit a corresponding application to the manager. In this document, he indicates what type of leave he wishes to receive and for how long.
- Typically, an organization or enterprise has a standard form that must be filled out. Or the employee writes a free-form application on an A4 sheet. For additional vacation periods and rest at your own expense, you must indicate the legal basis and, if required, attach supporting documents. The annual (main) vacation period is provided on the basis of the approved one.
- To the contents of the standard form, it is necessary to add a request for a vacation period simultaneously with the vacation issued at the main workplace.
After considering the application, an order is issued. This document is to be completed on standard form of an enterprise or organization ( unified form T-6). The header of the document indicates the full name of the organization or enterprise, OKUD and OKPO code. Below in the center is the name of the document, its registration number and date of publication. The body of the document records management’s order to provide the next, additional or other type of vacation period to a specific employee. The employee’s personnel number, his position and the name of the structural unit are also indicated here. It is indicated for what period of work the paid rest was provided. Information about its duration is also entered.
The employee must be familiarized with the completed order and signed by the manager, against signature, within three days.
Then a copy of the document and a calculation note are sent to the accounting department for accrual and payment of vacation funds.
In the enterprise report card, a special code is entered opposite the employee’s last name (the letters OT for annual vacation periods or the letter A if the vacation is provided without pay). The number and date of issue of the order, as well as the period of work for which this leave was received, are entered into the employee’s personal card.
Payment of compensation
For part-time workers, it is based on the average daily profit (taking into account the fact that the hours actually worked by the person are paid, not the shifts).
Also, the calculation takes into account all bonuses received by the employee. These include bonuses and incentive payments, as well as applicable regional coefficients, if any in the area.
Do not use annual leave period in this year the employee is not allowed. This would be a violation of labor laws, especially if vacation periods have not been provided for several years.
If an employee resigns, the employer is obliged to compensate him for unused vacation days. For persons working for one employer on a permanent basis, compensation is calculated for two jobs at once (main and additional).
The realities of our time are such that the phenomenon of part-time work is becoming more and more common. This concept can rather be described as positive. From the side of the worker, part-time work allows him to improve his financial situation. On the part of the employer, it becomes possible to fill vacancies designed for shortened work hours, or to attract competent specialists who are already employed. In this article we will look at how vacation is calculated when working part-time.
Grounds for granting leave to part-time employees
Leave for a part-time worker is granted on the basis of:
- Art. 286 Labor Code of the Russian Federation;
- labor agreement;
- vacation schedule.
The law establishes that a part-time worker has the right to receive annual paid leave. The procedure and features of granting leave to an employee employed on a part-time basis must be recorded in the employment agreement. The rest time of such an employee must be reflected in the vacation schedule established at the enterprise. This rule applies to both external and internal part-time workers.
Is vacation required when working part-time?
A part-time worker differs from the main employee in that he performs his professional duties in his free time from his main job. His labor Relations, like the main employee, are regulated by an employment contract, which sets out the basic rights and obligations. For his work, a part-time worker receives a monetary remuneration; he is subject to the rules of internal local regulations governing labor relations at the enterprise. It turns out that a part-time worker has not only the same obligations to the employer as the main employee, but also rights, including the right to annual leave, enshrined in law.
General provisions for granting leave to an employee
Article 286 of the Labor Code of the Russian Federation establishes the basic rules for granting leave to a part-time worker:
- Leave must be paid and provided every year;
- vacation time at the main job and at a part-time job must coincide;
- if you have worked in a part-time job for less than six months, and the main place of employment is already entitled to leave, then it is allowed to provide it to the part-time worker in advance;
- if the vacation at the main job is longer, then a part-time employee can receive the difference without pay;
For example, if at the main place of employment the employee’s annual leave is 30 calendar days, which is confirmed by the relevant certificate, and at a part-time job - 28 calendar days, then, as a part-time worker, he will receive 28 days of paid leave, and 2 days will be provided to him in accordance with with a written application, but without payment.
Duration of vacation when working part-time
Typically, in a part-time job, an employee is involved in no more than 4 hours a day. However, this does not mean that he is entitled to only half of the vacation. In accordance with the law, the vacation of a part-time worker is the same time period as the vacation of an employee at his main place of work in a similar profession. The law determined the minimum duration of vacation for workers both at their main place of work and at an additional place of work, at 28 calendar days.
The part-time worker's leave must be annual. If a production need arises that makes it inappropriate for a part-time worker to go on vacation this year, then next year the employee will be given 2 years of vacation. Failure to use leave by a part-time worker for a longer period is a gross violation of the law.
Some employees' annual paid vacation may exceed this amount. For example, additional leave relies:
- teachers;
- medical workers;
- workers in the Far North;
- and other groups established by law.
When calculating the duration of vacation, calendar days are taken into account, but holidays are not included.
For example, a part-time metrologist at the enterprise, goes on vacation on December 5. Its duration is 28 calendar days. If you calculate in calendar days, then the vacation should end on January 1, and you need to go to work on January 2. This calculation is incorrect, since the holidays of January 1 and 2 are not taken into account. Taking this into account, the vacation is extended by 2 days, and the employee begins to perform work duties on January 4.
Delivery Basics
Part-time worker's leave:
- provided every year;
- paid;
- if desired, can be combined with rest time at the main job;
- provided in advance if the part-time worker has not worked for six months and the vacation from the main job has occurred;
- the difference between leave in a part-time job and in the main place (if the rest at an additional job is longer) is provided at the request of the employee, but without payment.
Vacation frequency
An employee can go on vacation both at his main workplace and at all others, at least once a year. In case of extreme production needs, at the initiative of the employer and in agreement with the worker, this period can be extended to 2 years. Failure to provide leave to a part-time worker for a longer period of time is a gross violation of the law.
How to get leave for a part-time worker?
Each organization draws up vacation schedules annually. During this period, an employee performing his job duties part-time must provide information about the time he is granted leave from his main job. If for any reason a part-time worker is not included in the vacation schedule, then he must provide:
- application requesting leave;
- a copy of the order for leave from the place of main work.
In accordance with the law, if a part-time employee is not granted leave, during the period of his leave at his main place of work, he may not come to the part-time workplace. This will not be considered absenteeism.
Types of part-time leave
A part-time worker has equal rights and obligations with an employee carrying out his activities at the main place of employment. Like the main employee, a part-time worker is guaranteed the right to leave. But not every part-time worker’s vacation will be paid.
Vacation | Key worker | Part-timer |
| Basic | At least 28 calendar days, paid | |
| Additional, including: | Mandatory, paid | If it is reflected in the employment agreement, it is paid. Payment may be incomplete or not saved |
| for work experience | According to labor agreement, paid | |
| for harmful or dangerous work | Must be paid | Provided only for those days when the employee was employed in hazardous conditions for at least 4 hours. |
| Maternity leave | Paid | Provided, but benefits are paid for one job |
| Training | Provided in accordance with labor laws | The employer is not required to provide this leave. By agreement, you can take a vacation without pay |
Maternity leave for a part-time partner
Study-related leave
A part-time worker cannot receive paid leave related to training (study leave). Such leave must be provided at the main place of employment.
Part-time, one of the following options is possible:
- receive leave at your own expense if the employer agrees;
- receive a reduced working day if the employer agrees;
- work as usual.
Calculation of vacation pay for external part-time workers
Vacation pay at a part-time workplace is calculated by analogy with the main place of work, that is, the procedure is identical. The whole calculation, like that of the main employee, is based on the concept of average daily earnings. If for the main employee of a similar profession certain coefficients and allowances are applied when calculating vacation pay, then they are also due to the part-time worker. Cash payments for vacation pay are made within the same timeframes as at the main place of work. Money must be issued no later than 3 days before the start of the vacation. If part-time leave is longer than leave at the main place of employment, then the employee can receive the difference in the form of monetary compensation.
How to calculate the vacation of a part-time worker?
The algorithm of actions when calculating vacation pay for a part-time worker is no different from the procedure for determining the amount of vacation pay for the main employee. It can be represented like this:
The procedure for calculating vacation pay for external part-time work is clear. However, if the employee performs the duties of an internal part-time worker, then the calculation of vacation will have some nuances. Let's look at them using the following example.
Index | Main job | Internal part-time job |
| Date of employment | 01.11.2014 | 01.09.2015 |
| Salary, rubles | 40000,00 | 20000,00 |
| Vacation date | 01.11.2015 | 01.11.2015 |
| Duration of vacation, calendar days | 30 | 28 |
| Billing period | 12 months | 2 months |
| Average daily earnings, rubles | 40000/12*12=1360,54 | 20000/12*12/29,4=680,27 |
| Amount of vacation pay, rubles | 1360,54*30=40816,20 | 680,27*28=19047,56 |
| Total payment, rubles | 40816,20+19047,65=59863,76 | |
Notes: |
|
|
If an employee decides to resign before the end of the period for which he was granted part-time leave, the excess amount paid will be withheld from his last wages. Conversely, a part-time worker can receive compensation unused vacation in monetary terms upon dismissal.
Answers to pressing questions
Question No. 1. If an employee is an internal part-time worker, does leave from the main job have to coincide in time with part-time leave?
Answer. During the same period, leave at the main and additional jobs is granted when the employee desires it. This question remains entirely at the discretion of the part-time worker. If for some reason he does not need this, then he can take a vacation from his main job and continue to work at his additional job. Then take part-time leave and continue working at your main place.
Question No. 2. A part-time worker works at 0.25 times the rate. His working conditions are hazardous. Is he entitled to additional leave for hazardous work?
Answer. In this case, he cannot count on additional leave, since his work hours per day are 2 hours. The right to such leave is given by the daily duration of work of a part-time worker in hazardous conditions, which is at least half the working day established for main employees of a similar profession.
Question No. 3. The vacation of an employee employed on a part-time basis from his main job is transferred to next year. He wants to combine the vacation period at all places of employment, so he does not want to take part-time vacation this year. How can an employer confirm that they are not violating labor laws?
Answer. A part-time employee does have the right to receive vacation simultaneously with vacation from his main job. To avoid further misunderstandings when checking the employer’s compliance with labor laws, it is advisable to receive, along with the employee’s application, a copy of the order from the main place of employment to postpone the vacation.
Question No. 4. The duration of leave for a part-time worker at the main place of employment is 56 days. The employee indicated in the application and attached supporting documents from his main job that he would like to go on vacation from June 1. The employment contract with him was concluded on May 1, and the duration of leave at the additional place of work is standard. Is it possible not to provide leave to a part-time worker, because he has not worked for six months at the enterprise?
Answer. The law stipulates that if a part-time worker has not worked for 6 months at the enterprise, leave is issued in advance. The employer is obliged to provide it upon application by the employee if it coincides with the rest period at the main job. Since the duration of part-time leave is 28 days, they must be paid, and the difference must be registered as leave at your own expense.
Question No. 5. A part-time worker at his main place of work is entitled to leave related to his training. Is the employer required to provide and pay for additional employment?
Answer. No, I don't have to. Such leave is provided at the main job, and at additional employee can issue it without payment.
Question No. 6. If a part-time worker is employed part-time, how many days of vacation are he entitled to?
Answer. The employee is entitled to as many days of rest as provided for by internal regulations for key workers in a similar profession, but not less than 28 days. This means that for part-time workers, the length of the working day does not determine the length of vacation.
A working citizen has every right to expand his labor functions and take on an additional position. To do this, in fact, it is not at all necessary to draw up another employment contract with your employer. When a person occupies two positions in one organization at once, and no additional employment contract has been signed, then such activity is called combination. Let's talk in detail about this situation, consider its nuances, and also find out how the concept of combination differs from the concept of part-time work.
What is combination in one organization?
The combination of two positions in one organization is clearly stated in the law, so if an employee agrees to this, first of all it is necessary to carefully study the article. An employee who works in two positions at once in one organization will be required to perform additional duties for the two positions that he holds. Today, combination is relevant for many employees of one organization, and it is possible to do additional work both on a permanent basis and on a temporary basis, for example, when an urgent production need arises. The law does not provide for specific deadlines; everything depends on what the employer’s decision will be.
The employer has every right to establish the duties and scope of such combination; the employee must only give his consent. Combination of positions in budgetary organization It is commonly called internal alignment.
What is the essence of combining positions in one organization?
As soon as the employee agrees to perform additional duties, he becomes a part-time worker. Typically, in this case, both parties are interested: the employer gets the employee who will do the work, and the employee receives another salary and some other benefits provided by law. An employee can show his initiative and apply to be appointed to a second position, but the employer has every right to reject such a request if he considers that the employee is not sufficiently qualified.
If an employee is approved for a second position, then, according to the law of the Russian Federation, everything must be documented.
Key points to pay attention to when arranging internal alignment
An employee can only count on additional work in one organization or in one institution, but this does not mean that the workplace can also be located in one place. For example, these may be completely different buildings, but the employer needs to carefully calculate everything so that the workplace is available to an employee who expects to cover two positions in one organization. Often similar positions are combined, for example, you can replace your colleague during his absence. The vacancy must be confirmed by a report card and staffing table. As for the scope of activity, it is determined by the employer:
- If an employee holds a position in his profession, he will have new responsibilities, although they may not be entirely delimited by official powers.
- When an employee is promoted to a position, his responsibilities may expand and have clear boundaries, and the order in which work is performed may also change.
Combination can wear different character, for example, if the replacement of an employee is temporary, and also if the employee is hired for a second position for the entire time. In the second case, one of the parties will be able to terminate cooperation if it considers it necessary. In order for cooperation to be terminated, one of the parties must notify the other party in advance in writing. By law, three days are allotted for this; as soon as the period expires, the employment relationship is terminated.
If controversial issues arise, they can be resolved in judicial procedure. Sometimes the position of director may be combined with different organizations, but such cases are exceptions and, as a rule, the contract is drawn up for temporary combination; as soon as a new person is selected for the vacancy, cooperation of this kind is terminated. There are also a number of positions that cannot be combined. The following cannot be part-time workers:
- Employees working for the government.
- Judges.
- Prosecutor's office employees.
- Citizens who are minors.
- Citizens who work for harmful enterprise and have dangerous or difficult working conditions.
When can a combination be formalized according to the law?
In no case should you confuse two different concepts, such as part-time and combination. Combining positions in one organization is in itself democratic. For example, a person may have another profession that will not correspond to the new position held. But there are still some limitations:
- An employee can expect to hold two positions in only one organization and with one employer.
- His work activity limited in time, because an employee can work during one shift without staying late at his main job or working overtime.
- Employees who have a lot of experience in this type of activity and have the appropriate qualifications can count on the position.
The procedure for combining positions in one organization must be included in the local documents of the enterprise, so that later no controversial issues arise that require consideration in court.
The procedure for documenting the combination
Make a decision on assignment additional responsibilities both sides can, but all this must be written down in additional working documents. If the employer believes that an employee of the organization can fill a vacancy, he sends him a written notice with corresponding proposal. The employee must sign this document if he agrees, or refuse to sign the paper.
The desire to take up a position can also come from the employee himself; for this, the employee needs to submit an application to his superiors, which will indicate that the employee is ready to take up the position.
If the employer agrees to accept the employee for the position, then he puts his signature, but if not, then the employer must give some kind of formal reply as to why the employee’s request was denied. Registration of combining positions in one organization should be carried out using a special application, but when drawing it up, you need to pay attention to the following points:
- You should contact the employer using a specific form, indicating the full name of the organization, and also indicate the full name of the head of the institution.
- The employee must provide full information about himself, his last name and the position he is employed at at the time the application is drawn up.
- The request for appointment to a second position is stated briefly.
- At the bottom there is a signature and the date when exactly the application was drawn up.
How to write a memo correctly
If the employer himself wants to offer a second position to his employee, then you should pay attention to the rules for drawing up a memo. Service memo can be compiled in free form, but the following points must be taken into account:
- The full name of the organization, registration number and full name of the employee to whom the position is offered are indicated.
- The document must have a title, most often this is a proposal for a combination.
- There must be a brief proposal outlining the responsibilities that the new employee will have to perform.
- If an employer makes a proposal to combine positions in one organization, the Labor Code of the Russian Federation stipulates that the proposal for the position must also indicate remuneration and the procedure for its provision.
- The final stage is the signature and date of drawing up the memo.
As soon as all the nuances are agreed upon, the period of documentation begins, which includes two important stages:
- An additional agreement is drawn up and signed between the two parties.
- A special order is issued that approves additional payments and changes in the staffing table.
What does the order to combine positions include?
There is no order for combining positions in one organization a certain shape, therefore, the document can be drawn up in accordance with the internal requirements that exist in the organization. As a rule, any order should cover the following points:
- The type and scope of additional responsibilities of the employee are indicated.
- The position for which the combination will be formalized is precisely indicated.
- You can specify the period for which the combination will be carried out.
- Combined salary amount.
Finally, the employee reads the order and signs.
How is the combination paid?
Payment for combining positions in one organization is an important point. Payment can be of several types:
- Fixed, that is, it is set in advance and registered in local documents organizations.
- Piecework, in this case everything will depend on the work performed by the employee.
- A salary that depends solely on additional duties and their implementation.
Additional payment must be made if an employee takes on additional work responsibilities; all these points are clearly stated in the Labor Code, since the service area and responsibilities can expand at the expense of a new employee, and the volume of work performed also increases.
What changes can there be in the provision of leave during internal combinations?
Combining positions in one organization also implies that annual paid leave may not be provided according to the position. But for this period the employee may be released from additional obligations. If the organization has additional finances, then it may well pay vacation pay to its employee. No by law additional days for rest is not provided for a combined position.
But even if vacation is not provided for when combining positions in one organization, the employee may well count on vacation payments, since appropriate deductions were made to employees during the billing period.
How can you stop internal alignment?
As mentioned above, an additional agreement is attached to the employment agreement, which, as a rule, indicates the exact period for which the employee can take an additional position, but it happens that the parties need to terminate the combination early. In the article of the Labor Code this point is given Special attention, since over time an employee may not be satisfied with the payment for combining positions in one organization, or the reason may lie in another employee’s dissatisfaction with his new position. The employee has the unconditional right to refuse part-time work, and the right will not be limited by any time limit for prior warning to the employer. If the decision about early termination if the employer accepts a part-time job, he is obliged to notify the employee about this in advance; as a rule, it is necessary to send the employee a written notice three days before the termination of cooperation. The employee reads the document and signs.
Regardless of who was the first to decide to stop combining positions in one organization, employment contract It will also be necessary to attach an additional agreement. Such a document must be signed by both parties, after which the employer issues a separate order stating that the agreement is terminated and the employee no longer holds an additional position. The employee, in turn, must read the order and put his signature, which indicates that the employee is fully aware.
It often happens that the combination of positions is terminated due to the fact that the planned period for which the employee could occupy the second position expires; in this case, the employer may not issue a corresponding order.
Now, having a complete understanding of how to formalize the combination of positions in one organization, any employee can count on the combination and will formalize it correctly. As you can see, no difficulties arise in this direction; the only thing that needs to be taken into account is the significant difference between the two concepts of “combination” and “part-time work”.