Does an employee have the right to work two full times or only one and a half times. | Chegem
What it is
The term rate refers to full-time employment, which corresponds to the schedule in the organization and provides for full payment of labor. It is necessary to be guided by the standard documentation. There is a definition of working at half the rate in the Labor Code.
The provisions of Article 93 reflect that the employment agreement is drawn up for the type of employment in question at the time of employment. The initiative may come from one of the parties to the labor relationship.
It is necessary to pay attention to the fact that if there is an employer’s initiative, the employee is required to obtain consent. This measure can also be used as a transition to easier working conditions. Payment is made at half the rate.
Regulation in the Labor Code of the Russian Federation
Labor legislation provides that an employment agreement at 0.5 wages can have several varieties:
unlimited;
urgent.
The latter type of agreement applies for a certain period of time. This time is reflected in the contract. Perpetual contracts are not limited in validity in time. They lose force when one of the parties to the agreement expresses his desire to terminate the document. The grounds are specified in the agreement and laws.
The Labor Code of the Russian Federation reflects the list of citizens who are empowered to conclude an employment contract with them at half the rate. These include:
women who are pregnant;
a parent raising children alone (meaning children under the age of fourteen);
parents of children recognized as disabled;
college students;
minor citizens;
persons caring for sick relatives.
The listed categories must confirm the existence of a particular right by providing documentation.
In some situations, this decision is dictated by the need to reduce the number of employees at the enterprise. Employees are asked to work part-time to avoid losing their jobs.
Calculation of hourly tariff rates using illustrative examples
The tariff rate is a constant component of an employee’s salary, as opposed to a variable component - bonuses, compensation, allowances and additional payments.
Based on the tariff rate (salary), the salary paid to the employee for performing a certain amount of labor duties (labor standards) at a specified time is calculated. This type of payment is fixed and is the minimum guaranteed amount accrued for work. It is fixed as required by law in the employment contract, along with other conditions.
Tariff rates, depending on the time period, are divided into monthly, daily and hourly.
What might it be needed for?
May be needed for:
Calculation of the hourly tariff rate is necessary for cumulative recording of working hours.
Moreover, each employee has a work schedule and an hourly rate that he must work within a certain period of time. Schedules and standards are reflected in the production calendar .
Working time in such a schedule is measured in hours, so it is most convenient to calculate the minimum wage for labor exactly per hour.
In the event that an employee has exceeded his quota (worked more hours), it is necessary to calculate the hourly tariff rate and make appropriate additional payments.
Depending on the standard working hours per month
the formula is applied:
t/h = monthly tariff rate: standard hours (per month)
the norm of hours per month must be taken from the production calendar.
In order to calculate wages, it is necessary to take into account overtime.
First, the hourly rate is calculated using the formula: 20,000 rubles: 160 hours = 125 rubles per hour.
We calculate the processing time: 166 – 160 = 6 hours.
For these six hours worked overtime, an additional salary must be added to the salary. According to labor legislation, the first two hours of overtime are paid with a coefficient of 1.5, subsequent ones - at double the rate:
125 rubles × 2 × 1.5 + 125 rubles × 4 × 2 = 375 rubles. + 1000 rub. — amount of overtime pay. we add them to the salary and get a salary in shina for October: 20,000 + 1,375 = 21,375 rubles.
if for one reason or another an employee has worked fewer hours than the norm, then the daily working rate is calculated and multiplied by the number of hours worked.
example:
In order to calculate salaries, the accountant makes calculations:
now you should simply multiply the resulting amount by the number of hours actually worked: 100 rubles/hour * 147 = 14,700 rubles.
This is a fairly simple calculation, however, it has a drawback. The tariff rate depends on the hourly rate, which may be different every month. and the lower the standard hours, the higher the hourly rate will be. it turns out that the employee worked less in one month than in another, but will receive a salary higher than in the month in which he worked more.
example:
salary for February will be equal to:
We determine the hourly tariff rate: 19,000 rubles: 150 hours = 126.66 rubles per hour.
multiply the result by the time worked: 126.66 rubles/hour * 149 hours = 18872 rubles 34 kopecks.
We calculate the tariff rate per hour using the formula: 21,000 rubles / 1,890 hours: 12 months = 133 rubles 33 kopecks.
We determine the salary for July: 133.33 rubles * 120 hours = 15999 rubles 60 kopecks.
This method of calculation allows you not to calculate the hourly rate monthly, but only once a year. and it will not change all this time. so the employee will receive an amount directly dependent on the amount of time actually worked.
example:
to calculate wages for each month, you need to find out the hourly rate: 2000 rubles / 1800 hours: 12 months = 80 rubles / hour
total to be accrued:
120 hours * 80 rubles/hour = 9600 rubles in March.
130 hours * 80 rubles/hour = 10,400 rubles in April.
110 hours * 80 rubles/hour = 8800 rubles in May.
peculiarities
Sometimes an employee cannot work the quota established at the enterprise for good reasons.
Then the hourly rate should be calculated as follows: the rate during the accounting period should be reduced by the number of days that the employee was absent.
Example:
When calculating the hourly rate, the rate should be reduced by 18 hours:
Calculating the hourly rate is necessary for many calculations. More and more organizations are leaning in favor of the second method of calculation. This is necessarily reflected in local regulations.
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The type of employment under consideration has positive and negative sides. It is recommended that you familiarize yourself with them in more detail before taking up a half-time job. The advantages include:
if there is a main job, a person acquires additional labor skills or is engaged in mastering a new position;
additional income;
the opportunity to use free time profitably;
inclusion in the work experience;
gaining experience that may be useful in the future;
in the future you can switch to full time;
provision of rest days and payment of vacation pay.
Leave from the first place of work and the second can be taken at the same time. You will need to provide an order from your main place of work indicating the date of leave and its duration. The organization cannot refuse rest at the chosen time.
Is it possible to work part-time at your main job?
In a situation where it is necessary to register an employee at half the rate at the place of work that is the main one, it is necessary to take into account the provisions of labor legislation. This is discussed in Articles 256 and 93 of the Labor Code. The requirements that must be met for part-time work are reflected. Recording the completion of work occurs in different ways: you can work part-time or part-time.
If there is agreement between the parties to the employment relationship, then part-time work can be established not only when drawing up a contract, but also during the work process. In addition, employees have the right to request a transfer at half the rate. Some situations suggest that the management of the company has an obligation to satisfy such a person’s desire. The listed categories of persons are reflected above.
In the event that an organization refuses to transfer to half the rate, the employee initially applies to a specially created commission. If in this case the issue is not resolved in favor of the employee, a claim is filed with a judicial authority. Persons who work part-time are subject to labor laws. There are no exceptions to this rule.
External and internal part-time work
The legislator says that there are two types of part-time work:
external;
internal.
The last type provides for a person to occupy half the rate in one position and the full rate in another in one company. External part-time work involves a person’s employment in another company.
The process of registering an employee at the main place of employment does not provide for any special features compared to other organizations. An employment agreement must be drawn up.
When a person is an external part-time worker, he is required to take a copy of the work book from the main employer. Other documentation must be submitted in its original form. The labor record does not record that the employee is a part-time worker.
Application example
Take the French Ligue 1 match between Lyon and Dijon. Let's look at the list of bookmakers in the image below:
It can be seen that the events F1 (-1.5) and F2 (+1.5) have approximately the same quotes in most bookmaker companies. This is the average handicap value in the match. When betting on F1 (-1.5), in order to pass, you will need Lyon to win with a score of 2:0, 3:1, 4:2, etc., or a larger advantage. When placing a bet on H2 (+1.5), to win, you will need Dijon to win or draw, or lose by a minimal margin - for example, 1:2, 2:3, 0:1, etc.
On whose initiative can I transfer?
Changes may occur in an employee's life that make it impossible to continue working full-time. The legislator does not prohibit employees from taking the initiative to transfer to part-time work.
You will need to write an application. The document is drawn up in free form. If the management of the enterprise is not against such a measure, then a transfer order is formed and the transfer is organized. Wages are reduced, as are hours of employment.
The desire may come from the employer. This is due to changes that have occurred in the financial security of the company. Therefore, it is necessary to make adjustments to the staffing table. In this case, if the employee agrees, he writes an application requesting a transfer to half the rate. Otherwise, the dismissal procedure is implemented.
When can you transfer an employee to 0.5 rates?
Such a transfer is acceptable upon entry to work or at any time during the period of employment. When transferring to 0.5 rates, not everything depends on the employer and employee - labor legislation imposes certain restrictions:
establishes categories of employees for whom the employer cannot refuse a request for transfer to part-time (Part 2 of Article 93 of the Labor Code of the Russian Federation);
stipulates the conditions and circumstances of the legal transfer of employees to part-time work at the initiative of the employer (Article 74 of the Labor Code of the Russian Federation).
According to labor legislation, transferring an employee to part-time work is possible:
At the initiative of the employee
In addition, the employer does not have the right to refuse to change the essential terms of the employment contract to an employee who submits a medical report and an application for light work in connection with pregnancy (Part 1 of Article 254 of the Labor Code of the Russian Federation).
At the initiative of the employer
If one of the conditions is not met, unilaterally transferring employees to part-time status (without their written consent) will be illegal.
The criteria for mass layoffs are determined in industry and (or) territorial tariff agreements or according to Government Decree No. 99 of 02/05/1993 (based on the number of workers laid off due to the liquidation of enterprises or a reduction in the number or staff of employees for a certain calendar period).
How many hours is this?
The relations that develop between the parties to labor relations are regulated with the help of the Labor Code. Much attention is paid to this issue in legislation.
It reflects how long the shift should be so as not to harm the employee’s health. The employment agreement specifies the specific length of the employee's working day. The schedule according to which the person works is indicated.
When drawing up a contract, legal provisions must be taken into account. It is established that the duration of activity of part-time workers is four hours. This value is fixed for the day. The standard hours for employees are set by the company management.
Schedule and mode
It is imperative that at the time of registration of the employment relationship it is necessary to discuss the mode in which the employee will perform his duties. The schedule should be convenient for both parties. The company has the right to offer several employment options:
part-time;
less than a week.
The duration of a part-time day is determined by the organization. It can be either four or six hours. If you select an incomplete week, you will need to work several days a week.
How to apply
When a person is hired for a part-time job, an order must be issued indicating employment in a specific position. There are some things that need to be taken into account when drafting an order. Including:
You should pay attention to the point that concerns the conditions of employment. It reflects that the employee will work part-time.
The corresponding line reflects the employee's earnings. The salary is equal to half the payment established for a full day of performing labor duties in a similar position.
The order must be signed within three days. The countdown starts from the day the person actually started working at the enterprise.
If a person wants to work half a day, then he needs to inform the company’s management about this. This should be done in writing. The document reflects information about the organization where he is employed, the applicant’s data and the reasons for the transfer to part-time work. Entries in work books are made by specialists from personnel departments.
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Kahanka
Good afternoon Please tell me this problem: a person is registered for 1 bet + 0.5 bets for a combination. Surely this counts as one and a half bets? Or am I not right? I just got my first accountant. She said that at one and a half times a person should work 12 hours, and in combination 8 hours. She really confused me. I don’t understand: combining and +0.5 bets are not the same thing? And how many hours do you have to work in this case?
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Scorpion_grass [email hidden] Minsk is my life’s residence!
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#2[230376] October 18, 2010, 10:04
COMBINATION, THE DIFFERENCE OF COMBINATION FROM PART-TIME T.V. RAKHUBO, Chief Legal Adviser of the Labor Legislation Department of the Legal Directorate of the Ministry of Labor and Social Protection of the Republic of Belarus The material was prepared using legal acts as of April 24, 2009. According to Article 67 of the Labor Code of the Republic of Belarus (hereinafter - Labor Code) employees who perform for the same employer, along with their main work stipulated by the employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without release from their main work during the duration of the working day (work shift) established by law ), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee. The amounts of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for organizations financed from the budget and using state subsidies - by the Government of the Republic of Belarus or authorized by it organ. When combining professions (positions), an employee performs, along with his main work stipulated by an employment agreement (contract), additional work in another profession (position). Expanding the service area and increasing the volume of work performed means performing, along with one’s main work stipulated by an employment agreement (contract), an additional volume of work in the same profession (position). According to Article 32 of the Labor Code, essential working conditions are systems and amounts of remuneration, guarantees, work hours, rank, profession, position, establishment or abolition of part-time work, combination of professions and other conditions established in accordance with the Labor Code. A change in essential working conditions is possible only in connection with justified production, organizational or economic reasons that arise directly from the employer. To establish or cancel a combination of professions (positions), the employer is obliged to warn the employee about changes in significant working conditions in writing no later than one month in advance. If the employee refuses to continue working with changed essential working conditions, the employment agreement (contract) is terminated under clause 5 of Part 2 of Art. 35 TK. However, establishing a combination is also permissible by agreement of the parties to the employment agreement (contract), i.e. with the consent of the employee. In accordance with Part 1 of Art. 67 of the Labor Code, combining professions (positions), expanding the service area (increasing the volume of work performed) are allowed with the same employer during the duration of the working day (shift) established by law. The fulfillment of the duties of a temporarily absent employee without release from his work occurs when replacing an employee who is absent due to vacation, illness, and in other cases when his place of work is retained. If an employee is released from his main job and assigned the work of another temporarily absent employee, such a transfer is carried out in accordance with Article 33 of the Labor Code (temporary transfer due to production needs). In accordance with Article 63 of the Labor Code, the forms, systems and amounts of remuneration for workers, including additional incentive and compensatory payments, are established by the employer on the basis of a collective agreement, agreement and employment contract. Taking this into account, additional payments to employees in commercial organizations are established on the basis of local regulations. In particular, to establish an additional payment for an employee for combining professions, the basis is the presence in the staffing table of a vacant staffing unit (its share) of the worker's profession, the labor function of which (its part) is assigned by the employer to a specific employee. Additional payments can be set either in absolute amount or as a percentage of the monthly tariff rate (official salary) for the main job. Taking into account the provisions of Article 67 of the Labor Code, the amount of such additional payment in commercial organizations is not established. For employees of organizations that are not financed from the budget and do not use government subsidies, the conditions and amounts of additional payments provided for in Article 67 of the Labor Code are determined by the employer by agreement with the employee and (or) on the basis of local regulatory legal acts, for example, a collective agreement. At the same time, the amount of the additional payment cannot exceed the size of the tariff rate (its share) for the combined profession (position) indicated in the staffing table. The amount of additional payment for combining professions (positions) is determined by the employer based on the amount of additional work provided that the duties of the main job are performed in full. For workers, specialists and employees of organizations financed from the budget and using state subsidies, additional payments may be established for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee within the wage fund in amounts up to the tariff rates (salary) of an absent employee depending on the volume of work performed (subclause 2.5, clause 2 of Appendix 1 to the resolution of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 N 6 “On measures to improve the conditions of remuneration for employees of organizations financed from the budget and using state subsidies"). The said resolution also provides for cases when these additional payments are not established. Combining professions (positions), expanding the service area (increasing the volume of work performed), as well as fulfilling the duties of a temporarily absent employee are formalized by order (instruction) of the employer indicating the combined profession (position) or the absent employee, the scope of additional functions or work and the amount of additional payment. The Instructions on the procedure for maintaining work records of employees, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated 03/09/1998 N 30 “On approval of the Instructions on the procedure for maintaining work records of employees”, does not provide for entering information into the employee’s work record about combining professions (positions), expanding the service area (increasing the volume of work performed) and on the performance of duties of a temporarily absent employee. In this case, one should distinguish between combining professions (positions) and part-time work. The concept of part-time work is given in Article 343 of the Labor Code. Part-time work is understood as the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract. The difference between part-time work and combination work is as follows: combining professions (positions) is possible only with the same employer for whom the employee works under an employment agreement (contract), while part-time work can be performed both for the same employer and for another; performing work in another profession (position) when combining professions (positions) is carried out within the duration of the working day (shift) established by law, while part-time work with the same or another employer is allowed only during free time from the main job; when combining professions (positions), the work is performed on the basis of one (i.e., previously concluded) employment agreement (contract), and part-time work is possible only when concluding another employment agreement (contract) on a part-time basis; when combining professions (positions), the employee is paid additionally, while for work performed on a part-time basis, wages are calculated in proportion to the time worked or for the work actually performed. 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- Dad, tell me how to live without getting tired? “Live like a person, white Rio de Janeiro,” this is the crystal dream of my childhood, don’t touch it with your paws. (c) I'm not afraid to stand out from the crowd, I'm afraid to be one.
Allegra" [email hidden] ,
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#3[230377] October 18, 2010, 10:05
Kahanka, please take a look at the personnel officer’s FAQ topic. There, on the third page, in my opinion, is a good post by Scorpion Grass about part-time work and combinations. In addition, in the library there is an excellent article by Kenik K.I., also, in my opinion, about this. Your chief accountant did not confuse you, but on the contrary, she explained, albeit briefly, what was what. I want to draw the moderator's attention to this message because:
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I do not give advice in private messages. Please ask all questions on the forum.
Ciardi [email hidden] Belarus
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#4[230378] October 18, 2010, 10:05
If a part-time job is registered, then the part-time work is carried out within the normal working hours of the given employee (usually an 8-hour working day). If a part-time job is registered (hiring for another position, profession, a part-time contract (agreement) is concluded), then this work is performed in free time from main work, i.e. outside the 8-hour workday I want to draw the moderator's attention to this message because:
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Scorpion_grass [email hidden] Minsk is my life’s residence!
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#5[230379] October 18, 2010, 10:05
COMBINATION AND PART-TIMING T.V. OLESHKEVICH, lawyer The material was prepared using legal acts as of October 9, 2008. In the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), a separate chapter is devoted to the peculiarities of regulating the labor of persons working part-time. According to Article 343 of the Labor Code, part-time work should be understood as the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract. This definition allows us to highlight the characteristic features of part-time work: performed in free time from the main job; is of a permanent nature, that is, it is regular; is paid; is carried out on the basis of an employment contract, which can be concluded if the employer has a vacant position. Part-time work can be performed either for one employer, that is, at the main place of work (internal part-time work), or for another employer (external part-time work). Article 343 of the Labor Code establishes that part-time work is another permanently paid job performed under the terms of an employment contract. In this case, “other work” can be either work in the same profession, specialty, position that the employee performs (occupies) at the main place of work, or in another profession, specialty, position (Article 343 of the Labor Code does not contain such a feature as performing work “for another function”). That is, an employment contract for part-time work can be concluded for the same profession (position, specialty) as for the main place of work. For example, an employment contract for part-time work in the profession of “tester” may be concluded with an employee who performs work as a test fitter at his main place of work. At the same time, when concluding an employment contract for part-time work, one should take into account the norms of labor legislation that establish restrictions on part-time work. In accordance with Article 348 of the Labor Code, it is not allowed to hold two management positions in state organizations on a combination basis, except for the positions of foremen and foremen, unless otherwise provided by law. This restriction applies only to employees of government organizations. The heads of organizations of any organizational and legal forms, except in cases where the head of the organization is the sole owner of the organization’s property or an individual entrepreneur, is prohibited from performing paid work on a part-time basis, with the exception of teaching, scientific or other creative activities, as well as medical practice (Article 255 Labor Code). Part-time work for persons under eighteen years of age is prohibited, as well as in jobs with harmful and (or) dangerous working conditions, if the legislation provides for a reduced working time for the main job and part-time work. When working part-time in government organizations, the joint work of relatives associated with direct subordination and control is prohibited (Article 27 of the Labor Code). According to Article 27 of the Labor Code, it is prohibited for persons who are closely related or related to each other (parents, spouses, brothers, sisters, sons, daughters, as well as brothers, sisters, parents and children of spouses), if their work involves the direct subordination or control of one of them to the other. This ban can also be established in non-governmental organizations by decision of the owner. It is not allowed to employ part-time positions in financially responsible positions of persons convicted of mercenary crimes, if the criminal record has not been cleared or expunged in the prescribed manner, as well as for those positions or types of activities that are prohibited by a court verdict for certain categories of citizens. In the case when, when hiring, the employer did not know that the employee was convicted of a selfish crime or that he was deprived by a court verdict of the right to occupy certain positions or engage in certain activities, and these circumstances were established after the conclusion of the employment contract in the course of his employment, the employer has the right to dismiss an employee on the basis of paragraph 3 of Article 44 of the Labor Code (violation of established hiring rules). For certain categories of employees, restrictions on part-time work may be established by law. For example, restrictions are established in the Constitution of the Republic of Belarus in Article 111 in relation to judges (prohibition to carry out entrepreneurial activities, perform other paid work, except for teaching and research), in the Law of the Republic of Belarus of June 15, 1993 N 2406-XII “On the Bar” - in relation to lawyers and trainees (according to Article 7 of the said Law, lawyers and trainees cannot serve in state, public and other organizations, with the exception of persons engaged in scientific or pedagogical activities), restrictions are established for civil servants in the Law of the Republic of Belarus dated June 14. 2003 N 204-Z “On civil service in the Republic of Belarus” (in particular, it is prohibited to engage in entrepreneurial activities, perform part-time work, except for work in government organizations, in the manner and under the conditions established by labor legislation). In accordance with Article 344 of the Labor Code, when applying for a part-time job with another employer, an employee is required to present a passport or other identification document. When hiring a job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or professional training, and when hiring for hard work or work with harmful and (or) dangerous working conditions - a certificate about the nature and working conditions of main place of work. It is prohibited to require documents not provided for by law when concluding an employment contract. When concluding an employment contract for part-time work, presentation of a work book is not required. It would also be unreasonable to require the employer to provide permission from the main place of work to carry out part-time work. Entry into the work book of information about part-time work is carried out by the employer at the request of the employee at the place of his main job on the basis of a document confirming part-time work (a copy of the order of the employer for whom the employee works part-time) (clause 6 of the Instructions on the procedure for maintaining work books of employees, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated 03/09/1998 N 30 “On approval of the Instructions on the procedure for maintaining work records of employees”). In accordance with Article 67 of the Labor Code, combining professions (positions) is the performance of additional work in another profession (position) for the same employer, along with one’s main work stipulated by the employment contract. The amount of additional payments for combining professions (positions) is established by the employer by agreement with the employee, and for organizations financed from the budget and using state subsidies - by the Government of the Republic of Belarus or an authorized body. Thus, we can highlight the following features that characterize the combination of professions (positions) and distinguish it from part-time work: - combining professions (positions) is permissible with the same employer for whom the employee works under an employment contract. Part-time work can be performed either for the same employer or for another; - when combining professions (positions), the employee performs work not stipulated by the concluded employment contract. When working part-time, the work is performed in the profession (position, specialty) that is provided for in the employment contract for part-time work; - performance of work when combining professions (positions) is carried out during the working hours established for the performance of work stipulated by the employment contract. Part-time work is performed in free time from the main job; — when combining professions (positions), a new employment contract is not concluded. The work is performed on the basis of a previously concluded employment contract. Part-time work is carried out on the basis of a new concluded employment contract. An agreement on combining professions (positions) is drawn up by order (instruction) of the employer indicating the combined profession (position) and the amount of additional payment. Information about combining professions (positions) is not entered in the work book; — when combining professions (positions), the employee is paid additionally. For work performed on a part-time basis, wages are calculated in proportion to the time worked or for the actual work performed. According to subparagraph 2.5 of paragraph 2 of Appendix 1 to the resolution of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 N 6 “On measures to improve the conditions of payment for employees of organizations financed from the budget and using state subsidies,” additional payments are established for workers, specialists and employees for combining professions (positions) ) in amounts up to the tariff rate (salary) of the absent employee, depending on the volume of work performed. The specified additional payments are not established for: heads of organizations, their deputies and assistants, chief specialists, heads of structural divisions, departments, workshops, services and their deputies; scientific workers of research organizations (divisions); in cases where combined work is provided for in labor cost standards, stipulated by an employment contract (included in the employee’s responsibilities), or is assigned to the employee in the manner prescribed by law due to insufficient workload in the main job. “National Economic Newspaper”, N 6, 2003 Question: Is there a difference between a part-time job and a combination of professions (positions)? Answer: Part-time and combination are two different concepts. In accordance with Art. 343 of the Labor Code of the Republic of Belarus, part-time work should be understood as the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract. From this definition it follows that work can be recognized as part-time work if the following conditions are met: - it is performed in time free from the main job (i.e. after finishing work at the main place); - the work must be regular and paid; — the work must be performed under the terms of a part-time employment contract concluded for a vacant position. Part-time work must be distinguished from combining professions (positions). Combination of professions (positions) is the performance of additional work in another profession (position) for the same employer, along with one’s main work stipulated by the employment contract. From the definitions of part-time work and combination work, it follows that the conclusion of an independent part-time employment contract distinguishes it from combination work. When combining professions (positions), this is not required. Also, part-time work involves performing, along with the main job, additional work within the working hours of the main one, and part-time work can only be carried out in free time from the main job, both at the main place (internal part-time job) and with another employer (external part-time job). ). It does not matter that part-time work is performed for the same or different employers for the same or another function. Combining professions is possible only with one employer and in another profession (position). A salary is accrued for part-time work, and an additional payment for part-time work. Chief Legal Adviser of the Department of Labor and Related Relations of the Legal Directorate of the Ministry of Labor and Social Protection L.I. ROMANKEVICH 01/28/2003 I would like to draw the moderator’s attention to this message because:
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- Dad, tell me how to live without getting tired? “Live like a person, white Rio de Janeiro,” this is the crystal dream of my childhood, don’t touch it with your paws. (c) I'm not afraid to stand out from the crowd, I'm afraid to be one.
Kahanka [email hidden] Belarus, Minsk
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#6[230385] October 18, 2010, 10:15
Combination in a person, not part-time. A person works for the same employer. But the additional agreement to the main contract indicates 0.5 rates for another position. And the chief accountant. I was confused by what she told me about part-time work, and not about combination. That's the problem. I want to draw the moderator's attention to this message because:
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Firebirds do not fly in flocks...
Ciardi [email hidden] Belarus
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#7[230410] October 18, 2010, 10:48
Well, now we’ve figured it out, who’s right? I want to draw the moderator's attention to this message because:
Notification is being sent...
Kahanka [email hidden] Belarus, Minsk
Wrote 71 messages Write a private message Reputation:
#8[230423] October 18, 2010, 11:03
She said it once and remains silent; she doesn’t want to discuss it anymore, she’s such a person. She sent me to the director, as if he would sort it out. I’ve already given up, everyone interprets it differently. I have already told them many times that combination and part-time work are not the same thing. In any case, thanks for the help. I want to draw the moderator's attention to this message because:
Kahanka, for some professions, our contracts also provide for combinations, but with an indication of the percentage of additional payment for combinations. Although your 0.5 rate is the same 50% additional payment. And in this case, the employee works 8 hours and receives the main rate and 0.5 the rate for the combined profession. I want to draw the moderator's attention to this message because:
Notification is being sent...
Silence is gold. And all the evil comes from him. Sex is also a form of movement.
Lelya [email hidden] Belarus, Minsk
Wrote 2823 messages Write a private message Reputation: 797
#10[230446] October 18, 2010, 11:57
I don’t understand why you should guess and ask someone something: you need to start from the existing documents and look at how everything is formatted there, then compare it with how it turns out in fact and draw a conclusion whether everything is formatted correctly or not. If everything is formalized as a part-time job, then this is work that is formalized by a new employment contract, and a separate time sheet is maintained. And if this is a combination (extended service area), then the work will be performed during their 12 hours of the main shift, from the documents there will only be an order to establish an extended service area (combination) and additional payment. But if there are no documents at all and everything is paid “by eye”, then everything urgently needs to be completed as it should be. I want to draw the moderator’s attention to this message because:
Notification is being sent...
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Employment contract
If the management of an enterprise needs to transfer an employee to part-time conditions, entries in the work book are reflected according to the general rules. There are no restrictions established in the legislation affecting the process of employment at half the rate. It is provided that a part-time worker is also given the authority to use rest days. It does not matter how many days a month a citizen worked.
Article 93 of the Labor Code states that part-time work is also counted towards a person’s length of service. In order for a citizen to work part-time, it is necessary to conclude an employment agreement with him. The form of the document is free, and the act must reflect:
concepts included in the document;
the powers of the employee who starts work;
employee obligations;
working hours;
subject of the agreement;
conditions on the basis of which remuneration is made.
Is it possible to work more than one and a half times the rate?
If, in your situation, employees work hours in their free time from their main job, you need to conclude a work contract with them on an internal part-time basis (external part-time work, when an employee works for another employer in his free time from his main job). If such an agreement is not concluded, then overtime hours may be recognized as overtime work, for which payment is made at an increased rate in accordance with Art.
152 Labor Code of the Russian Federation. Articles 60.1 and 282 of the Labor Code of the Russian Federation establish the right of an employee to enter into employment contracts to perform other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) during his free time from his main job. Part-time work is formalized by an independent employment contract, which must indicate that the work stipulated by it is a part-time job.
