Vacation compensation upon dismissal of a part-time worker: features of the operation. Dismissal of a part-time worker (external, internal)

Part-time work is an additional burden on the employee. Such employees need vacations, just like employees who work only one job. The Labor Code of the Russian Federation guarantees vacation for part-time workers, just like for main employees, but with some features.

Let us remind you that part-time workers must be provided with all the guarantees provided for labor legislation(Article 287 of the Labor Code of the Russian Federation).

This does not apply only to those guarantees that are provided:

employees working in companies in the Far North;
employees combining labor activity with education.

These benefits and compensation can be received exclusively at the place of main work.

Leave for main and part-time work

Leave is provided to employees in accordance with the approved schedule (Article 123 of the Labor Code of the Russian Federation). This schedule may differ greatly between your main employer and your part-time employer. Labor Code in this case, it establishes that persons working part-time should be granted annual paid leave at the same time when the part-time worker goes on vacation in the company where he has his main job (Part 1 of Article 286 of the Labor Code of the Russian Federation).

The duration of part-time work and work at the main place rarely coincides. And an employee has the right to receive vacation for the first working year after six months of continuous work (Part 2 of Article 122 of the Labor Code of the Russian Federation). Part-time employees who have not had time to work out this period and who are going on leave at their main job must be given leave in the company where they work part-time in advance (Article 286 of the Labor Code of the Russian Federation).

Vacation for part-time workers: number of days

The employer must enable the employee to receive basic annual leave. Quantity calendar days such leave should not be less than 28 (part 1 of article 115 of the Labor Code of the Russian Federation).

The legislation also provides for longer paid holidays:

extended basic for a certain category of workers (for example, researchers);
annual additional for employees with special conditions work.

The employer, due to its capabilities (material and production), has the right, on its own initiative, to establish additional leaves for its employees (Part 2 of Article 116 of the Labor Code of the Russian Federation).

Is a part-time worker entitled to vacation pay?

By allowing an employee to go on annual leave, the employer guarantees him retention of his job and payment of average earnings (Article 114 of the Labor Code of the Russian Federation). These guarantees also apply to part-time workers.

Vacation pay for part-time workers is calculated in general procedure in accordance with Art. 139 Labor Code of the Russian Federation. The calculation is regulated in more detail by the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922.

Calculation of leave for external and internal part-time workers

The rules for calculating vacation are prescribed in Article 120 of the Labor Code of the Russian Federation:

the time of paid leave (main and additional) is calculated in calendar days;
holiday non-working days are not included in the total number of vacation days;
for calculus general period paid annual leave must be summed up with additional annual leave;
Vacation is not limited to a maximum limit.

Number of vacation days due to the employee at the main job, and the number of days of vacation in a part-time job may not be the same. This applies to leaves when working part-time in another organization. If in a part-time job the annual paid leave turns out to be shorter than in the main job, then the employer, at the request of the part-time worker, must extend his leave. In this case, wages will not be saved for the period exceeding (

Labor relations, due to their diversity, often create difficulties for those who implement them. Many questions traditionally arise when regulating the activities of part-time workers. Let's consider what guarantees are provided in terms of compensation unused vacation upon dismissal of an employee employed under such conditions.

A part-time worker is a person who, along with the main labor functions, performs other work in the same organization (enterprise, institution, individual entrepreneur) or for another employer beyond the established working day. The duration of part-time work cannot exceed 4 hours a day and, accordingly, 20 hours a week. Employment does not require consent or information from the manager at the main location.

Important! Part-time work should not be confused with combination. Sometimes distinctions are made depending on the place of work. If additional employment is with the same employer, then this is a combination. If the other has a part-time job. This definition is incorrect. Part-time work can also be internal, i.e. with one employer. The differences lie in the operating mode - when combining additional functions are performed during normal working hours, and in case of part-time work, additional work is carried out beyond the working day.

The specifics of regulating the labor of part-time workers have been defined. According to Art. 286 TK, vacations for part-time workers are granted outside of schedules and agreements simultaneously with vacations from the main employer, even if he has not worked the required 6 months. In the latter case, it is considered that the leave is provided in advance. Sample application for part-time leave.

If the duration of leave from the part-time employer is shorter than the main one, upon the employee’s application, he is provided with additional days rest without payment according to the duration of rest at the main place. The employer does not have the right to refuse additional rest to a part-time worker under such circumstances.

Position of the Supreme Court. A part-time worker who has notified the manager of the need to grant him leave in connection with leave at the main place of work has the right not to appear at workplace. Absence from work under such circumstances cannot be considered as absenteeism ().

No specific features have been established when determining the duration of leave for a part-time employee. The minimum paid vacation is 28 calendar days. Additional leave for harmful conditions, special character, etc. is provided according to general rules. The exception is additional leave for irregular working hours. Part-time work does not imply the possibility of an irregular schedule.

Compensation for unused vacation at a part-time job

According to Art. 140 Labor Code of the Russian Federation upon dismissal, the employee receives a full payment on the last day of employment, including:

unpaid wages for hours actually worked;
compensation for missed vacation;
individual compensations in accordance with an employment or collective agreement;
severance pay in specified cases, etc.

For your information! The issue of compensation for unused time off has not been clearly resolved. To avoid disputes, it is recommended to use all accumulated rest days before dismissal. Otherwise, on a voluntary basis, the employer most likely will not compensate for the remaining days, and the court will not always come to the employee’s defense.

An additional basis for the dismissal of a part-time employee is the hiring of a permanent employee for the position he occupies. Upon dismissal for any reason, compensation for unused vacation is carried out on a general basis, regardless of the type of part-time job (external or internal).

The size is determined as the product of the number of unused vacation days and the current average daily salary:

Comp. = Number of unused days x Wed. daily salary

Calculation of vacation days not taken off

In general, the number of days off work is determined as the product total number days of vacation per month of work (28 days/12 months = 2.33 days for each month) and the number of months actually worked part-time. Vacation days used are subtracted from the resulting product.

When determining the number of months worked, the Rules approved by the Ministry of Labor apply. According to clause 35 of the Rules, less than half a month worked is not counted as vacation time, and more than half is counted as fully worked.

In accordance with the instructions of the Ministry of Health and Social Development, set out in letter No. 4334–17 dated December 7, 2005, fractional values when determining the number of days off are rounded in the interests of the employee, i.e., upward, regardless of the value of the fraction. For example, 3.1 days formed during the calculation are counted as 4 days.

Letter of the Ministry of Health and Social Development of the Russian Federation dated December 7, 2005 N 4334-17 “On the procedure for determining the number of calendar days of unused vacation”

Days not taken into account in accordance with the vacation record are deducted from the vacation period. Art. 121 TK:

days of absenteeism;
maternity leave;
unpaid leave beyond 14 days per year.

Example. Part-time worker Ippolit worked for 1 year 8 months 16 days at an additional job in a store as a cleaner, of which he missed 3 days, for which he was fired. Before dismissal, the employee was provided with 14 days of paid leave. The vacation period is 20 months (12 + 8), since absenteeism is deducted from the length of service, and the number of days in an incomplete month without taking them into account is less than 15.

The number of days off is:

2.33 x 20 – 14 = 32.6

Applying the rounding rules, we get 33 full days of unused vacation, which will be taken into account when calculating compensation.

Instead of independently calculating months and days, you can use the convenient online calculator.

In the article we will consider the dismissal of a part-time worker, both external and internal, as well as payments upon dismissal. Any employee who has a main workplace may also free time work as a part-time worker for the same or another employer. At the same time, part-time work is of an official regular nature and is carried out under the terms of an agreement labor nature.

When performing the labor functions of a part-time worker and the main employee for one employer, the part-time job is called internal; if the employers are different, it is called external.

Dismissal of an internal part-time worker

Since an employment contract is concluded when a part-time worker is employed, it is subject to termination upon termination of the relationship. For this purpose, a dismissal procedure is carried out, during which the concluded contract is terminated.

The initiator of termination of an employment relationship can be a part-time worker or an employer. The grounds for dismissal are specified in the Labor Code of the Russian Federation. In addition to the traditional grounds typical for the dismissal of permanent employees, Article 288 also provides. The Labor Code of the Russian Federation, which allows you to dismiss a part-time worker if a permanent employee is hired in his place (the exception is conscripts who cannot be fired under Article 288).

When dismissing a part-time employee, the following steps are taken:

Provide a written warning to the other party about the upcoming dismissal (if the initiator is an employee, then a statement is required from him, if the initiator is an employer, then there must be an appropriate basis and written notice employee);
Formation of an order to terminate the relationship (you can use either the standard T-8 form or your own order form, prepared taking into account the requirements of the company and labor legislation);
Calculation of wages and compensation for days of annual leave not used by a part-time employee (if necessary, severance pay is also considered);
Payment of the calculated amount on the last working day;
Entering a record of termination of relations in the T-2 card and work book, if this is what the person leaving wants;
Issuance of documentation upon dismissal in hand - at the written request of the part-time employee, certified copies of all documentation related to the work are provided, including the original certificate of payments and social contributions for 2 years.

If the dismissal procedure is carried out exclusively in relation to part-time jobs, and the person continues his work activity as a main employee, then there is no need to remove the work book from the storage location and issue it to the employee. It continues to be kept by the employer.

Information about the termination of part-time work is entered into the work book if there is a note in it about employment in this capacity. Entering such information is not mandatory and is carried out only at the request of the part-time worker. If the work book does not record the fact of employment as a part-time worker, then no entries need to be made upon dismissal.

Dismissal of an external part-time employee

The procedure is identical to that described above. If you need to enter information about the termination of the work process in the work book, you should obtain certified copies of the dismissal documentation from your place of employment and transfer them to the personnel department of the main employer. This documentation will allow you to record the fact of termination of part-time employment.

Again, the entry is made only if the employment record is recorded, which is carried out by the personnel officer of the main employer if there is a copy of the relevant order received at the place of part-time employment.

The work book is not withdrawn from the place of permanent work and is not given to the owner.

Dismissal of a part-time worker at will

The employee’s own initiative is expressed in the form of personal desire and is enshrined in the Labor Code of the Russian Federation (clause 3 of article 77). The part-time worker is obliged to inform the employer of this intention by submitting a written statement.

The application is written in advance, taking into account the required 2-week work period, which is counted from the date following the day the document is submitted to the employer.

Dismissal can be carried out on any date if both parties are not against it. In this case, the basis will be the agreement of the parties; the documentation indicates clause 1, article 77 of the Labor Code of the Russian Federation.

This paragraph of the article is prescribed in the documentation drawn up by the personnel officer upon termination of the employment relationship.

Dismissal of a part-time worker at the initiative of the employer

A part-time employee can be fired under one of the clauses of Article 81 of the Labor Code of the Russian Federation. For part-time workers, Article 288 is added to this, which prescribes an additional reason for terminating the relationship - placing a permanent employee in the place of a part-time worker. The article states that this basis is relevant only for those persons with whom an open-ended employment contract has been drawn up. If the period of validity of the contract is limited, then it will not be possible to use this article.

The employer is obligated to inform the part-time worker about the upcoming event; the code defines a warning period for each reason. For example, upon dismissal under Article 288. warning period is 2 weeks, in case of liquidation of the company or reduction of personnel - 2 months.

It is necessary to have a timely warning to the part-time worker through a written document. If it is not possible to personally deliver the notification documentation, you can send it by mail and receive a notification that the letter has been delivered to the addressee. It is important to obtain the signature of the dismissed part-time worker on the warning form. This signature is for informational purposes and serves as confirmation of the employee’s awareness of the upcoming event, which indicates that the employer has performed the actions provided for by the Labor Code of the Russian Federation.

If the dismissed person does not want to sign the warning, then it should be read out loud in front of witnesses, and then the refusal to sign should be certified in the form of an act.

A standard T-8 order form is provided, which is convenient because it contains all the necessary details, but if desired, the company can prepare its own form.

The order states :

Information about the employer;
Details of the part-time agreement;
Date of dismissal;
Part-time partner information;
Article of the Labor Code of the Russian Federation, which allows you to terminate relations with a specified person;
A document serving as the basis for dismissal (application from a part-time worker, notice or warning to the employer);
Manager's signature;
No. and date of formation of the order.

The order must be brought to the attention of the part-time worker against signature. If a standard form is used for registration, then it has a special field in which the resigning person signs and indicates the current date.

If it is not possible to provide a part-time employee with an order for signature, then a similar mark is also made.

Payments to a part-time worker

The final payment to the dismissed person should be made on the last day.

The following are subject to payment:

salary accrued for the time period worked;
compensation for those vacation days that the employee did not have time to take;
severance pay in some cases;
other types of compensation payments, if they are specified in the company’s internal documentation.

To calculate these amounts, the existing standard form is used - calculation note T-61.

Payment of compensation

The part-time worker has the right to monetary compensation for those days of vacation that he did not have time to take off. It is due to every person resigning, and the reason for dismissal and the initiative party do not matter.

When calculating this type of compensation payment, you need to multiply the average daily earnings for Last year by the number of unused days of annual leave. The last indicator is calculated taking into account the following formulas:

Severance pay

Compensation in the form of severance pay is issued to a dismissed part-time worker in the following cases:

Reduction in the number of personnel - the amount of average earnings per month (if there is further unemployment for three months, another 2 monthly earnings are paid);
Liquidation of the employer - the amount of payment is determined similarly to the previous paragraph;
Subject to the conditions of Art. 178. Labor Code of the Russian Federation - the amount of average 2-week earnings;
Other cases specified in the employer’s local internal documentation.

paid or not? What are the conditions for its accrual and what is the payment procedure if it is due? You will get answers to all these and other questions in this article.

The right of a part-time worker to receive compensation for unpaid vacation

As stated in Part 2 of Art. 287 of the Labor Code of the Russian Federation, employees employed part-time have all the rights granted to employees employed at their main place of work.

The same applies to compensation for leave upon dismissal for part-time workers— such payments are calculated for all days of vacation not taken off during part-time work. Compensation payments are made to part-time workers on a general basis in accordance with Art. 31 of the Rules on ... vacations, approved. People's Commissar of Labor of the USSR dated April 30, 1930 No. 169 (hereinafter referred to as the Rules).

Duration of leave for part-time workers

Regardless of the length of the working day of a part-time employee, for each year of work he is entitled to at least 28 days of legal rest (Part 1 of Article 115 of the Labor Code of the Russian Federation). Since in accordance with Part 3 of Art. 93 of the Labor Code, part-time employment, which is typical for part-time workers (Article 284), is not a reason for reducing the duration of paid leave.

Are internal part-time workers entitled to compensation?

Is a part-time worker entitled to compensation for unused vacation?, working part-time, during the period of his performance job responsibilities for a key employee on maternity leave? The answer to this question is clear: yes, it is, since, according to the norms of labor legislation and taking into account Art. 31 of the Rules, external and internal part-time workers have the same rights, including guarantees to receive compensation payments for vacations not taken.

Synchronicity of holidays

Is compensation paid for unused vacation to a part-time worker?, if he did not take advantage of his right to an annual vacation paid by the employer simultaneously with the paid leave granted to him at his main place of work? The situation here is ambiguous. After all, on the one hand, according to Art. 106 of the Labor Code, an employee, at his own discretion, can use the time provided to him by labor legislation for rest, i.e. during this time he can continue to work part-time - there is no prohibition on this.

On the other hand, regulatory authorities clearly interpret the provisions of Art. 286 of the Labor Code: they believe that leave for a part-time employee should be granted at the same time as annual leave at the main place of employment (letter of Rostrud “On the provision of annual paid leave...” dated 05/08/2009 No. 1248-6-1) . However, another employer may not know when an employee has a vacation at his place of permanent work. Moreover, the main boss is not always aware that his employee works part-time somewhere else, because the employee does not have to provide such information for all of his places of employment.

Judicial practice on this issue of synchronicity in the provision of vacations is ambiguous. For example, the Tomsk Regional Court, in an appeal ruling dated December 16, 2014 in case No. 33-3607/2014, came to the conclusion that part-time leave and leave at the main place of employment may not coincide in time.

The procedure for paying compensation to a part-time worker upon dismissal

Compensation for unused vacation to a part-time employee upon dismissal issued in cash equivalent on the last day of work. According to Part 1 of Art. 140 of the Labor Code, all due payments to a dismissed employee are made on the day of dismissal. Such payments include compensation for days of annual leave not taken off.

Features of determining vacation experience

When calculating the amount of compensation payments upon dismissal of a part-time employee, it is taken into account that leave at the place of work of other employers should have been used at the same time as at the main place of work. Moreover, a part-time worker, if the vacation at this place of work is shorter than at the main place of employment, has the right, in accordance with Part 2 of Art. 286 of the Labor Code, ask your employer to provide additional vacation days without pay.

NOTE! If at the place of part-time employment the employee is not allowed to go on vacation, which has begun by that time at the main place of employment, the employee may not go to work, and these days cannot be recognized as absenteeism (subparagraph “d”, paragraph 39 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated 03/17/2004 No. 2).

All of the above is important when calculating vacation time at a non-main place of work. So, for example, the vacation period includes only the period when the employee took rest without pay, but not more than 14 days. And absence from work due to failure to provide vacation is not excluded from the vacation period, since this period is not absenteeism.

How to calculate compensation for a part-time worker

The amount of compensation paid to a part-time worker upon dismissal is calculated based on the number of days of unused regular vacation and the average amount of earnings for 1 day. To calculate the number of vacation days not taken off, you need to total number due days of annual rest, subtract the number of actually used vacation days.

When making calculations, it should be taken into account that a part-time worker is provided with the same guarantees as an employee working at the main place of employment. That is, a part-time employee (external and internal) is entitled to paid basic and additional leave. At the same time, to determine the number of days of additional leave (in connection with work during harmful conditions) it is important exactly how many days the employee was employed in such conditions that give the right to rest “due to harmfulness”.

How to calculate the number of vacation days

Based on the fact that an employee is given 28 days of vacation annually, it can be calculated that for each month worked he is entitled to 2.33 days of vacation (28 days / 12 months). Following the algorithm from Art. 35 of the Rules, if a part-time employee has worked a number of days that amount to more than half a month (for example, 16 days), then the resulting value must be rounded to the whole month. At the same time, if the number of days worked is less than half a month (for example, 13 days), then this period is excluded from the calculation.

According to the rounding methodology provided in the letter of the Ministry of Health and Social Development “On the procedure for determining the number of calendar days...” dated December 7, 2005 No. 4334-17, fractional numbers when determining the number of vacation days are rounded to a whole value in favor of the employee. For example, the number 2.2 obtained in the calculation is rounded to 3.

In this way, you can determine the number of vacation days due. For example, if a part-time worker worked for 1 year, 4 months and 17 days, then he is entitled to 40 days of vacation (28 + (4 + 1) × 2.33). If he actually took 29 days off work, then upon dismissal he is entitled to compensation for 11 days (40 - 29).

Calculation of average daily earnings and compensation

According to Part 2 of Art. 139 of the Labor Code, when calculating average earnings, all types of payments provided for by law are taken into account (salary, allowances and bonuses, additional payments for quality, etc.). In accordance with Part 4 of this article, to calculate compensation payments, it is necessary to divide the total value of earnings received over the last 12 months by 351.6 (12 months × 29.3 days/month).

The resulting value in rubles must be multiplied by the number of days of vacation not taken off - this will be the amount of compensation that must be paid to the part-time worker upon dismissal.

So, part-time workers (external and internal) are entitled compensation payments for unpaid vacation days upon dismissal on the same basis as for an employee employed at his main place of work. In this case, the calculation of vacation days for a part-time worker is made regardless of the number of hours worked per day, since he is also entitled to at least 28 days of legal rest annually.

The labor legislation of the Russian Federation is a rather voluminous publication, the summary of which not everyone reads. And even if he reads, he still cannot figure out some questions on his own. But the question of how to dismiss a part-time employee remains a mystery. Let's try to popularize this topic.

To calculate the number of vacation days that were not used, it is necessary to multiply the number of days that the employee should receive for rest for each month of work by the number of days worked and subtract from this product those days that have already been used for rest. If in last month he worked more than 15 days, then these days count as a whole month. In other words, to obtain unused days, it is necessary to subtract from the allotted days those that have already been used.

According to the calculation methodology of the Ministry of Health and Social Development, all non-integer numbers are rounded to whole numbers in favor of the employee. These days do not include:

vacations that were not payable beyond 14 days
child care days

To calculate compensation, you also need to know the average daily wages. It is calculated as follows: the amount of total earnings for 12 months / 351.6.

We multiply the resulting value by the already calculated number of days of unused vacation and get the monetary compensation that the employee should receive upon dismissal in addition to other payments. Total earnings include not only salary, but also all bonuses and other additional payments and payments to the employee for the last year.

What position (main, part-time or part-time) the employee works in does not matter when calculating vacation pay, as well as for receiving the amount of his compensation. Internal and external alignments are considered by labor legislation in the same manner as the main job.

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