Is it possible to pay an external part-time worker a full salary? Labor law

Is it possible to hire an external part-time worker on a full salary and full time, provided that he brings a certificate from his main place of work stating that he works there part-time?

Having considered the issue, we came to the following conclusion:

A part-time employee cannot hold a full-time position in an organization, even if this employee works at 0.5 times the rate at his main place of work.

While working a maximum of half the monthly working hours, a part-time employee can receive only half of the salary established in the staffing table for an entire staff unit for a given position.

Rationale for the conclusion:

In accordance with Art. Art. 60.1, 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Part-time work can be performed by an employee both at the place of his main job and with other employers. Depending on this, part-time work can be internal or external. Concluding employment contracts for part-time work is permitted with an unlimited number of employers, unless otherwise provided by federal law.

When considering the issue of concluding an employment contract with both internal and external part-time workers, the employer must take into account the norms of Chapter 44 of the Labor Code of the Russian Federation, regulating the peculiarities of the work of part-time workers.

In particular, the employer must comply with the provisions of Art. 284 of the Labor Code of the Russian Federation, limiting the duration of working hours when working part-time. According to this standard, the duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

Note that this rule is common to all part-time workers, regardless of the conditions under which they work in their main job. Limitations on working hours when working part-time, established by Art. 284 of the Labor Code of the Russian Federation, do not apply only in cases where the employee has suspended work at his main place of work in accordance with part two of Art. 142 of the Labor Code or suspended from work in accordance with part two or four of Art. 73 Labor Code of the Russian Federation.

When determining the standard working time, one should be guided by Art. 91 of the Labor Code of the Russian Federation, according to which the normal working time cannot exceed 40 hours per week (the duration of daily work is 8 hours with a 5-day working week). Accordingly, for part-time workers, the working week should not exceed 20 hours.

Thus, when working part-time, an employee cannot hold a full-time position in an organization, even if he works at 0.5 times the rate at his main place of work*(1).

According to Art. 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time can be made both in proportion to the time worked, and depending on output, or even on any other conditions determined by the employment contract.

In accordance with Art. 129 of the Labor Code of the Russian Federation, salary is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments. In other words, salary is the amount that should be paid to an employee, provided that he works all his working hours during a calendar month.

As noted above, the duration of a part-time worker’s working time is limited to half the standard working time of the main employee (part one of Article 284 of the Labor Code of the Russian Federation). Therefore, in order to prevent discrimination, the salary of a part-time worker must be at least two times less than the salary of an employee working in the same position (profession) full-time. Thus, while working a maximum of half the monthly standard working time, an employee can receive only half of the salary amount established in the staffing table for an entire unit for a given position * (2).

At the same time, the fact that the working hours of part-time workers is limited compared to the main employees does not deprive them of the right to receive wages equal to the salary of the main employee if they perform the same amount of work during the working time allotted to them as the main employees . The salary of each employee depends, in particular, on the amount of labor expended, and the employer is obliged to provide employees with equal pay for work of equal value (part one of Article 132 of the Labor Code of the Russian Federation, part two of Article 22 of the Labor Code of the Russian Federation). The remuneration system may provide for various additional payments and bonuses of an incentive nature (Article 135 of the Labor Code of the Russian Federation). To do this, the employer adopts a local regulatory act, and the employment contract of a part-time worker who shows high results includes a condition for establishing an allowance for him (for example, for work intensity) or other incentive payment in accordance with this local act. Therefore, despite the fact that the part-time worker’s salary will be half that of the main employee, the rest of the salary can be paid in the form of an allowance and (or) bonus. Rostrud specialists adhere to a similar position (see, for example, the answer to a similar question posted in EZh Question-Answer, No. 11, November 2011).

However, in any case, the employer must take into account that when paying wages to one employee, the rights of other employees cannot be violated. After all, the legislator directly prohibits any kind of discrimination when establishing wage conditions (part two of Article 132 of the Labor Code of the Russian Federation). Failure to comply with this requirement of the law is qualified as a violation of labor legislation, legal liability for which is provided for in Art. 5.27 Code of Administrative Offenses of the Russian Federation.

For your information:

Labor legislation does not prohibit concluding several employment contracts, both internally and externally (part one of Article 60.1, Article 282 of the Labor Code of the Russian Federation).

As stated in the resolution of the Federal Antimonopoly Service of the North-Western District dated 06.08.2009 N A13-11107/2008, the possibility provided by the Labor Code for an employee to conclude several employment contracts for part-time work indicates his right to independently manage his time, determine the duration as working time depending on the number and conditions of concluded employment contracts, as well as time for rest. For certain categories of workers, there are restrictions on concluding employment contracts for part-time work: for example, for heads of organizations it is necessary to obtain the consent of the employer at the main place of work (part one of Article 276 of the Labor Code of the Russian Federation), and for workers employed in harmful or dangerous working conditions, Part-time work under the same conditions is completely prohibited (part five of Article 282 of the Labor Code of the Russian Federation).

Please note that the restrictions on working hours when working part-time, established by Art. 284 of the Labor Code of the Russian Federation, apply to each agreement separately. This conclusion is confirmed in judicial practice (see, for example, the decisions of the Federal Antimonopoly Service of the North-Western District dated 06.08.2009 N A13-11107/2008, the Fourteenth Arbitration Court of Appeal dated 28.12.2009 N 14AP-6847/2009).

Therefore, if the employer has a need for a part-time employee to work at more than half the rate, he should conclude with him an additional one or more employment contracts (also part-time), each for no more than half the rate.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Lozhechnikova Elena

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The employer and employee must discuss all the nuances of remuneration at the stage of drawing up the employment contract. At the same time, everything must be within the framework of labor legislation. Article 285 of the Labor Code of the Russian Federation states that part-time remuneration can be made:

in proportion to the time the employee worked;
depending on how much the employee managed to work;
on other conditions discussed with the employer and enshrined in the employment contract.

A part-time worker can work on a time-based basis. In this case, when setting standardized tasks for him, payment for part-time work is made depending on his final results, namely the actual amount of work that he managed to complete (Part 2 of Article 285 of the Labor Code of the Russian Federation).

Working hours of a part-time worker

Working hours are also one of the mandatory conditions that must be stipulated in the employment contract. The Labor Code of the Russian Federation ties remuneration for part-time work to working hours in case of time-based remuneration. The salary of a part-time worker cannot be more than half the salary of the main employee in the same position, since the working time of a part-time worker is limited.

The working hours of a part-time worker cannot exceed four hours per working day (Labor Code of the Russian Federation). On days when a part-time worker is released from work at his main place of work for some reason, he is allowed to work part-time for the whole working day (or the whole shift). The period of working time of a part-time worker for one month is limited to half the monthly standard of working time (or the standard for another accounting period) determined for the same category of workers.

Part-time work. Salary

The calculation of wages for a part-time worker and an employee at the main place of work is carried out identically.

The salary of a part-time worker, as well as an employee working at the main place of work, may consist of:

salary;
bonuses;
other payments.

The salary of a part-time worker is set according to the company’s staffing table. In this case, the calculation is made taking into account the fact that the working time of a part-time employee is shorter than the working time of the main employee.

If the company has established bonuses and other additional payments, then they also apply to part-time workers.

Payment for the work of a part-time employee is paid taking into account established benefits in the relevant region. For example, if regional coefficients and bonuses are provided for wages, then remuneration for part-time workers is made taking them into account (Part 3 of Article 285 of the Labor Code of the Russian Federation).

When can the wages of part-time workers be higher than the wages of main employees?

When determining the amount of a part-time worker’s salary, the employer must be guided by the rule according to which he is obliged to provide all company employees with equal pay for work of equal value (paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation).

There are situations when a part-time worker fulfills the norm of a full working day for half the working day of the main employee. Or other situations when a part-time worker overworks the workload of the main employee for his part-time work. Or the qualifications of the part-time worker are higher than those of the main employee. In this case, the employer is interested in maintaining the full salary for the part-time worker. In this case, the employer has the right:

make a change to the staffing table by adding a position with a higher qualification with the number of staff units -1/2 and with the corresponding official salary;
determine the part-time employee’s payment depending on the amount of work performed. This condition is necessarily stipulated in the employment contract.

Remuneration for internal part-time work.

The remuneration of a part-time worker working in the same company and at his main place of work does not differ from the rules described above. His payment depends on the established wage system and, accordingly, the time spent on work (with a time-based system), or the volume of work performed (with piecework payment). Remuneration for external part-time workers - workers who come to work part-time from another company - is also regulated by the rules described above.

The desire to get a full-time job can be dictated by various reasons and life circumstances. This process is regulated by the relevant articles of labor legislation regulating the relationship between the employer and the employee. In order to correctly draw up such an agreement, the employee needs to familiarize himself with the relevant articles of labor legislation in order to clearly understand his rights and obligations in terms of defining him as a main employee or as a part-time employee.

What is part-time work?

Part-time work is an option for secondary employment of an employee, which allows, for a fee, to regularly perform additional duties with appropriate remuneration. The Labor Code of the Russian Federation allows for both internal and external combination. In the first option, a part-time job is registered for an additional position within the main workplace. In the second case, additional work is provided by another employer. The work activity of a part-time worker is determined by the normalization of useful activities according to the tariff schedule and the position held.

A part-time employee has the right to perform labor duties with payment of 50% of the tariff rate or the full tariff rate. The main thing is that additional work does not create obstacles for the employee to perform his duties at his main place of business. The total value of standard hours worked should not exceed the maximum values for a given industry.

All the nuances of work in this direction in the Russian Federation are described in detail in paragraph 1 of Art. No. 60 of the Labor Code of the Russian Federation. All questions concerning the characteristics and working conditions of an employee performing additional duties are set out in Chapter No. 44 of the Labor Code of the Russian Federation.

Reception of a part-time worker

Part-time employment is, as a rule, regulated by a specially drawn up contract. This agreement is drawn up after the applicant submits a job application written to the head of the organization or enterprise.

The applicant's application and employment contract are drawn up in a standard form. The main difference between these documents is that the application and contract of the part-time worker must stipulate and state the fact of admission with a clear indication of working hours.

This fact must be reflected by the head of the enterprise in the form of an order when hiring an employee. This order is issued only on the basis of a rental agreement after it has been signed by both parties.

After concluding the contract, the part-time worker receives an additional personnel number. This is necessary both for external and internal combination of working hours, when there is only one employer. In this case, the fact of part-time work is recorded in a special line in the current working time sheet.

The employee acceptance agreement has a standard form. At the same time, as a rule, it should stipulate the validity period of this agreement, that is, the period determining the beginning and completion of work activities in the event of time restrictions on the performance of the duties of a part-time worker. Such an application is submitted, for example, when drawing up an employment contract for work on a combined schedule, when filling positions, or when the main employee goes on labor or maternity leave. In addition, the period of activity according to a combined schedule is also determined in contracts of limited validity.

The agreement may be valid until the part-time worker submits a resignation letter of his own free will (unlimited form) or until the period specified in the contract (urgent form). Upon the arrival of the specified period, the fixed-term contract is extended or terminated according to the mutual desire of the parties. This point is extremely important, since it will be the first thing that will have to be taken into account when dismissing a part-time worker at the initiative of the employer, upon expiration of the agreement.

In case of incomplete combination of working hours, the employee must perform additional labor duties in parallel with the main activity. According to medical standards, daily time in an additional place should, as a rule, not exceed 4 hours. At the same time, an employee can perform his duties according to a combined schedule both before and after the end of the working day at the place of his main work activity or during the day off.

Full part-time work is also possible subject to shift work. In this case, the employee can work almost full time or alternate shifts in both positions.

The main thing is that the duration of employment or working time in an additional position does not exceed the norms determined by the regulated accounting period. The duration of the accounting period is usually 30 - 31 days, i.e. 1 calendar month.

When combining work, a worker can work the accounting period for no more than 50% of the time worked at the main place. Regardless of the form of part-time work (external or internal), the employee is deprived of part of the benefits determined by the increased working hours, i.e. part-time work is not considered overtime earnings.

Remuneration for combined work

The remuneration of an employee working part-time is usually established by the producer of the work in accordance with labor legislation and is regulated in the contract.

Participatory work can be paid by piecework, time-based or bonus.

In addition, remuneration and assessment of the activities of a part-time worker are carried out according to other criteria. In particular, according to:

number of units produced or estimated production standards;
the amount of working time worked;
quantitative indicators of sales of units of services or goods sold;
other conditions.

The calculation of the specific amount of wages for a part-time worker is made taking into account all allowances and coefficients applied to main employees without taking into account markups for overtime activities, as well as without accrual of pension benefits for overtime activities.

When working part-time, the employee is registered on a full-time basis even if the standard hours are not fully (half) completed, that is, if the working day is not full for the staffing schedule of a given enterprise under special conditions.

The rate for part-time employment of a worker during part-time work is determined by the employer, taking into account the qualifications of the employee. In addition to the qualification assessment, the volume of work performed by the part-time worker is taken into account, as well as the estimated value of production standards or units of products produced or services provided. The reasons for hiring a person to work part-time full-time can be separately indicated in the annex to the employment contract or the order for hiring the employee.

Rights of a part-time worker

At the place of additional work, the part-time worker enjoys similar rights to the main employees. A part-time worker has the right to receive maternity, regular or extraordinary leave consistent with the main job, and in addition, to issue sick leave at both places of work at the same time, taking into account the benefits of a part-time employee. The contract of an employee classified as a part-time employee may separately stipulate clauses that include strict regulation of the start and end dates of working hours, the exclusion of overtime work, including the terms of untimed work.

During the economic crisis, when there is an acute shortage of funds, many people are forced to look for part-time work.

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Part-time work is one of the possible ways to earn additional income. The question of keen interest is: how is part-time work paid?

Legal status

According to the explanations of the Labor Code of the Russian Federation, part-time work is additional work after performing production functions at the main place of activity.

An important condition for part-time work is to perform it during time not occupied by the main job. Moreover, such work should be permanent.

Citizens have the right to take part-time jobs in an unlimited number of places.

The administration at the main place of work cannot prevent an employee from wanting to work part-time.

But it should be taken into account that, according to labor legislation, the duration of a part-time worker’s work cannot exceed four hours a day and half the monthly standard working time per month.

Permission from the main place of work is not required.

The exception is employees holding the position of heads of organizations, who must obtain permission from the founders of the company to register part-time work.

The documentary basis for the work is the prisoner, which must indicate that the work is a part-time job.

When applying for an additional job, a citizen must provide:

passport or other identification document;
copy of TIN;
a copy of SNILS;

However, the administration cannot require a new employee to:

work book or extract from it;
military ID;
other documents required to be presented at the main place of work.

If additional work requires certain special knowledge, the administration has the right to require documents from the new employee confirming the required level of qualifications.

Is an advance required?

A part-time employee does not differ from the main employees in their rights and responsibilities.

It follows from this that the part-time worker has the right to all accruals and payments, including advance payments.

Receiving an advance is specified in the employment contract and amounts to about forty percent of the official salary.

How to calculate?

The calculation of wages for a part-time worker has the same calculation algorithm as for the main place of work.

Example:

The staffing table of the Voskhod company includes the position of a premises cleaner with a salary of 9,500 rubles. Employee of a third-party organization Sidorova E.P. I decided to get a part-time job at Voskhod LLC as a premises cleaner. Sidorova E.P. I wrote an application for a job at the Voskhod company at 0.5 pay for the position of a premises cleaner.

Salary of Sidorova E.P. for the month worked amounted to 9,500 rubles. x 0.5 bet = 4750 rub.

What is the minimum wage for calculations?

Part-time workers are entitled to the same social rights and guarantees as main employees.

The provision on the minimum wage (minimum wage) enshrined in the Labor Code of the Russian Federation applies in full to part-time workers.

For a full-time job, a part-time worker cannot receive wages less than the minimum wage.

Example:

Petrenko K.G. got a part-time job at AGROPROM LLC as a plumber with a staffing salary of 8,000 rubles. part-time. The staffing table was approved taking into account the minimum wage, official salaries were calculated in accordance with the minimum wage for 2019.

For the month worked Petrenko K.G. received 8,000 rubles. x 0.5 rate = 4000 rubles, which corresponds to the actual time worked.

Are coefficients and regional allowances taken into account?

In addition to the official salary, part-time workers have the right to a full list of incentive coefficients and regional allowances.

FAQ

The concept of “part-time worker” raises many questions among employees. Wanting to understand the rights and responsibilities of part-time workers, people ask a lot of questions.

How is a 2NDFL certificate issued for a part-time worker?

For an internal part-time worker, the 2NDFL certificate is filled out taking into account the accrual amounts:

at the main place of work;
at the place of work as a part-time worker.

All charges are summed up by payment type and entered in the appropriate lines.

How to pay part-time workers is a pressing question for many employers. The employee works regularly, but is not a primary employee. What payments, benefits and guarantees are he entitled to by law?

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Many organizations have part-time workers on their staff. These can be both existing employees and entities brought in from outside.

The nuances of the activities of such employees, as a rule, are discussed during employment. But when it comes to remuneration, many employers still don’t know how to do it right.

Is it necessary to pay a part-time worker sick leave, how to arrange vacation pay, is such an employee entitled to an advance? How is payment made for part-time work?

Basic moments

How is a part-time employee paid? The main indicator when calculating wages is the work schedule.

But if you compare part-time workers and main workers, you shouldn’t strictly separate them. Part-time workers are not at all a separate category of employees.

The only difference is part-time work, usually a part-time work week or a shorter day.

When paying for part-time work, all payments due to a regular employee are taken into account. These include allowances, stipulated coefficients, and standard surcharges.

Necessary concepts

Part-time work is a work activity that an employee carries out additionally, during the time not occupied by the main work activity.

The concept of “wages” predetermines. In the statement of the law, wages mean remuneration for work performed.

In this case, the following is taken into account:

employee qualification level;
the circumstances and complexity of the work performed;
volume and quality of duties performed;
incentive payments.

Compensation payments mean, for example, compensation for:

performing duties in conditions other than normal (overtime, night work);
activities in unusual climatic conditions;
work in areas with unfavorable background radiation;
other similar surcharges.

Incentive payments are intended to motivate employees and increase production efficiency. It can be:

bonuses for exceeding the plan;
bonuses for successful work;
incentive payments for distinguished employees;
other payments.

Documenting

An employee working part-time is registered in the same way as the main employee. That is, an employment contract is concluded with him.

Based on this, the employee is assigned a personnel number and started. The main regulator for payroll is becoming.

Its text must contain information about the procedure and conditions of remuneration. This is how the following data is written:

position according to the staffing table;
required salary;
allowances;
bonus payments;
other additional payments.

As a rule, part-time workers are assigned a salary in the amount of fifty percent of the salary amount due to the main employee in this position.

However, the employer has the right to apply other payment options, in particular:

time payment;
payment for actual products produced;
payments based on performance results.

The employment contract is certified by the signature and seal of the manager. Published by organizations.

After this, the part-time worker is considered a full-time part-time employee. His salary is calculated by analogy with the main employees.

Normative base

The norms of the Labor Code of the Russian Federation do not establish any special conditions for payment of part-time work.

If a time-based payment system is used, then the actual time worked is taken into account and the salary is directly proportional to it.

When paying for work on a piece-rate basis, the amount of wages is determined by the terms of the contract. All requirements regarding the remuneration of part-time workers are specified in.

If the part-time worker is paid on a time-based basis with standardized tasks, then in this case the activity is paid for the amount of work actually performed, regardless of the time spent.

For example, if the part-time worker is a cleaner and for her the amount of space to be cleaned is clearly limited, then the work can be completed in two hours while maintaining the established salary.

When carrying out part-time activities, the employee has the absolute right to any increases and additional payments established by law.

Also, a part-time worker, on an equal basis with the main employees, must receive compensation determined by local regulatory acts of management.

Article 133 of the Labor Code of the Russian Federation states that the monthly salary of an employee cannot be less than the established minimum wage. Regarding the remuneration of part-time workers, the law does not have such a clear definition.

But it is logical to assume that if the employee is accepted at half the rate, then the payment should be accordingly.

That is, if the subject carries out part-time work, the minimum wage is determined in the amount of ½ of the established norm.

This document contains information about all hours worked by employees. The timesheet is maintained by a person authorized by the manager.

The accounting employee who calculates the salary, after submitting the accounting sheet, checks it for compliance.

That is, the correctness of the indication of enrollment, registration and sick days, indication of working hours at night and holidays, etc. is checked.

The accuracy of the calculation of hours worked for each employee is also verified.

For a part-time worker working on a time-based basis, the amount of wages is determined by multiplying the hours worked by the tariff rate. Then the required allowances and surcharges are added to the amount received.

For example, if work was carried out at night, then this period is additionally paid by multiplying night hours and the surcharge coefficient.

Work on holidays and non-working days, if any, is paid as for main employees. That is, the tariff rate is doubled.

Wage

The salary level of a part-time worker is determined by the conditions.

At the same time, the employer is free not only to follow generally accepted standards, but also to establish his own calculation procedure.

For example, a part-time worker may be given a fixed salary without taking into account the actual time worked.

But regardless of the form of remuneration, a part-time worker is entitled to all regional coefficients and allowances applicable to main employees.

If, as remuneration for part-time work, the Labor Code proposes additional payment for the actual volume, then for part-time work, the recommendations of the law are different.

The Labor Code proposes to pay for part-time work in proportion to the time worked. In this situation, monthly salary rates are applied (0.5; 0.25 and others).

If a part-time worker works four hours a day every day, then he is given a rate of 0.5%.

For lower daily output, a lower rate is established. Consequently, the salary of a part-time worker is, in principle, less than the salary of the main employee.

Nuances on incentive payments

Can a part-time worker receive a full-time salary? If payment is made on a time basis, then definitely not.

In this case, it turns out that the employee works full time, which means that he is, in fact, the main employee, which requires documentation.

However, the salary of a part-time worker can be increased due to incentive payments. In addition to the bonus for qualifications, these may include additional payments for the amount of work actually done, if it exceeds the norm.

Also, the employee can be encouraged for high performance indicators and so on. In this case, the assignment of additional payments is entirely at the discretion of the employer.

The upper salary threshold for a part-time worker is not limited by law. But speaking of incentive payments, we cannot ignore the fact that the salary of a part-time worker is less than the norm established by law.

According to labor legislation, the main employee cannot receive a salary lower than the minimum wage, the minimum wage.

Consequently, a part-time worker must receive a salary no less than the established minimum wage, but taking into account the rate determined for him.

At the same time, the part-time employee pays, like the main employees, all required contributions and taxes. As a result, the amount he receives may be less than the norm required by law.

The employer must pay the remaining amount. For example, an employee working at a quarter rate is entitled to a minimum salary of 1/4 of the minimum wage. As of January 1, 2016, the minimum wage was set at 6,204 rubles.

With a salary of 5,200 rubles, the “net” salary of a part-time worker who does not receive bonuses and other payments will be 1,300 rubles, which is less than the norm.

In this case, the employer must pay an additional 251 rubles in order for the salary to comply with the requirements of the law.

Receiving an advance

Concerning the receipt of an advance by part-time workers, disputes do not subside. Some people think that a part-time worker’s salary is already not great, so there is no need to divide it into parts.

The law is clear on this matter - part-time workers should receive wages on an equal basis with main employees. Therefore, the advance payment to the part-time employee is paid simultaneously with all employees.

As for the amount of the advance, as usual it is equal to forty percent of the salary.

It is advisable to specify the amount of the advance payment in the employment contract. This will eliminate possible misunderstandings.

What is the minimum incentive amount?

According to the employer, the employer has the right to reward employees who excel in certain criteria.

Encouraging employees is a right, but not an obligation, of the employer. The list of possible incentives is determined by the collective agreement.

Moreover, according to the Regulations on Bonuses (,), the amount of bonuses can be set at the discretion of the employer.

Bonuses and incentives for part-time workers are carried out in the general manner established for all employees.

Incentive payments can be calculated as a percentage of wages or as a fixed amount.

So, with a fixed amount of incentive payments, the contract should specify the amount of the required bonus and the conditions for receiving it.