Part-time workers have the right to compensation for unused vacation. Vacation compensation upon dismissal of a part-time worker

Just like an employee performing his job responsibilities as the main employee, the part-time worker has a package of social guarantees provided for by current legislation. Certain guarantees protecting the rights of a part-time employee are also provided in the event of his dismissal. In this article, we will tell you what compensation for dismissal of a part-time worker consists of, in what cases and in what amount it can be claimed, and we will determine the procedure for calculating compensation for dismissal of a part-time worker.

From this article you will learn:

• what compensation is due to a part-time worker upon dismissal;
• which federal laws fix the right of a part-time worker to compensation upon dismissal;
• calculation of compensation upon dismissal of a part-time worker.

Rights and obligations of a part-time employee

In general, the dismissal of a part-time worker working either externally or externally internal part-time job can be carried out on the same grounds as the dismissal of a main employee. On the other hand, the law prohibits the dismissal of part-time employees who are on vacation, sick leave, maternity or pregnancy leave. Accordingly, the date of dismissal of a part-time worker cannot be earlier than the date on which the end of his vacation or the date of closure of the hospital account falls. An exception to the general rule may be reasons such as the liquidation of an organization imposed on an employee disciplinary action and violation of internal regulations.

An employment contract concluded with a part-time employee is no different in form and content from the contract concluded with other employees of the enterprise. Such an agreement can be fixed-term or indefinite, which is of decisive importance when dismissing a part-time worker.

Urgent employment contract must have an end date - tied to a calendar date or a specific event, for example, the end of seasonal or repair work. In the open-ended version, the employment contract is in effect continuously until the dismissal of the part-time employee at his own request is agreed upon.

What compensation is due to an employee upon dismissal?

Regardless of the basis on which a part-time employee is dismissed, he must receive payment on the day of dismissal. Mandatory payments (compensations) that a dismissed part-time employee claims are similar to those paid upon dismissal to the main employee and include:

• wages;
• compensation for unused vacation, in the amount stipulated by the labor and collective agreement.

On the day of dismissal and final payment, the part-time worker must receive in hand a completed form containing all the requirements. work book.

Compensation to a part-time worker for unused vacation days

According to Art. 114 of the Labor Code of the Russian Federation, every citizen performing the functions of a main employee or part-time employee in an organization has the right to annual paid leave of 28 calendar days. Also Art. 127 of the Labor Code of the Russian Federation of the current legislation guarantees every employee who decides to quit the right to compensation for unused vacation days. Part-time workers also have this right on an equal basis with the main ones.

The calculation of compensation in case of dismissal in this case is made in accordance with the standard requirements of current legislation. In this case, it is assumed that the vacation of a part-time employee coincides in time with the vacation at his main place of work. At the same time, a part-time employee reserves the right not to take leave from work for a period that coincides with leave at the main place of work. In this case, upon dismissal, unused days are paid to the employee as compensation.

Calculation of compensation to a part-time worker for unused vacation days in case of dismissal

For each fully worked month, a part-time employee receives 2.33 days of vacation. In this regard, it is convenient to start calculating the duration of the granted leave by taking into account the fully worked months. On next stage When calculating the days added to vacation, they are calculated as follows: if an employee worked more than 15 days in any month, such month is counted in full. If the number of days worked does not exceed 15 calendar days, such a month is not counted. By multiplying the number of months credited in this way by a factor of 2.33, the number of days of vacation due to the employee is obtained. At the same time, according to the letter of the Ministry of Health and Social Development of Russia dated December 7, 2005 No. 4334-17, the number of days obtained during the calculation is rounded to the nearest whole value.

To calculate the amount of compensation we need to determine average earnings per day, which is calculated taking into account:

• official salary;
• allowances;
• annual and quarterly bonuses;
• additional payments for the quality of work done;
• other payments provided by law.

Next, the final average value of the employee’s earnings per working day is multiplied by the number of unused vacation days. The resulting value will represent the amount that the management of the enterprise is obliged to pay to the part-time employee on the occasion of dismissal for all unused vacation days.

Note that reverse calculation is also possible here (withholding money from a dismissed part-time employee). And that's why. As we noted above, most often a part-time worker’s vacation coincides with his vacation at his main place of work. Therefore, a part-time worker is often forced to take leave from a part-time job in advance. Accordingly, when a part-time worker is dismissed, an amount equivalent to the employee’s average wage for one working day multiplied by the number of overspent (actually unworked days) is withheld from his compensation payments.

When compensation for unused vacation is not due to a dismissed employee

It should be clarified that employees performing their labor duties on the basis of a civil contract are not entitled to compensation for unused vacation.

Compensation in case of layoff of a part-time employee

Since a part-time employee is subject to all the rights, norms and requirements of the main employees, he can be laid off with the same degree of probability. In this case, upon dismissal, the external or internal part-time worker is paid severance pay in the amount of the average monthly salary. In addition to a one-time payment in the form of severance pay, the employer is obliged to make monthly payments in the same amount during the time until the employee finds employment in a new place, but no longer than for two months from the date of his official dismissal.

The date of dismissal of a part-time worker cannot fall on a weekend or holiday, since on the day of dismissal the employer must make the final payment and transfer it to the employee Required documents, and the accounting and human resources departments, as a rule, do not work on weekends.

Attached files

• Employment contract with external part-time worker(sample).doc
• An example of filling out a calculation note (form No. T-61) when paying compensation to an employee for unused vacation (sample).doc

Available to subscribers only

• Employment contract with an external part-time worker (form).doc
• An example of filling out a calculation note (form No. T-61) when paying compensation to an employee for unused vacation (form).doc

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A part-time worker is an employee who performs work under a separate employment contract in his free time from his main job (Part 1 of Article 282 of the Labor Code of the Russian Federation). Depending on whether a part-time worker works for different employers or for one, part-time work is divided into external and internal (Part 3 of Article 282 of the Labor Code of the Russian Federation).

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.

What compensation is due to an employee upon dismissal?

It doesn’t matter for what reason a part-time employee quits, he must receive a payment on the day of dismissal. Mandatory payments and compensations due to a part-time employee are similar to what main employees receive upon dismissal and consist of:

• Salary
• Compensation for unused vacation, the amount of which is specified in the labor and collective agreements.

On the day of dismissal, the part-time employee must receive a work book in which all necessary entries must be made.

Compensation to a part-time worker for unused vacation days

According to Art. 114 of the Labor Code of the Russian Federation, every citizen who works at an enterprise and performs the duties of a main employee or works part-time has the right to paid annual leave of 28 calendar days. The legislation also guarantees every employee who decides to quit compensation for unused vacation. Both main workers and part-time workers can claim this right.

Duration of vacation and calculation of vacation pay (compensation)

Each fully worked month entitles the employee to 2.33 days of vacation. Based on this, the fully worked months are counted first. Then, incompletely worked time is added as a whole month if it exceeds 15 calendar days in the month being calculated, while months in which less than 15 days were worked are discarded. This is how the number of days for which compensation should be calculated is determined.

Then they find the average earnings per day, as in the case of calculating vacation pay. It will include:

• official salary;
• allowances;
• annual and quarterly bonuses;
• additional payments for the quality of work done;
• other payments provided by law.

Next, the final average value of the employee’s earnings per working day is multiplied by the number of unused vacation days. The resulting value will represent the amount that the management of the enterprise is obliged to pay to the part-time employee on the occasion of dismissal for all unused vacation days.

Payment of compensation upon dismissal for unused vacation

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

Is everyone entitled to compensation for unused vacation?

If the employer has concluded with a part-time employee not an employment contract, but a civil contract, then he is not entitled to compensation for unused vacation upon dismissal.

Working employees can also count on compensation. However, replacing vacation with monetary compensation according to the norms of June 30, 2006 No. 90-FZ is allowed only to the extent that its duration exceeds 28 calendar days.

It also happens that an accountant, for some reason accrue compensation for unused vacation to a dismissed employee, then he is simply obliged to make this calculation, albeit later than the deadline.

To check the correctness of the accrual of compensation for unused vacation, a part-time employee can contact an accountant or auditor.

Terms of payment of compensation for part-time dismissal

The dismissed employee must receive the amount of compensation on the day of dismissal.

Violation of payment deadlines is regulated by law under the Code of Administrative Offenses of the Russian Federation.

The impressive amounts of fines contribute to the timely fulfillment by employers of their obligations to pay compensation for unused vacation upon dismissal.

Responsibility for non-payment of compensation for unused vacation upon dismissal

Organizations ( individual entrepreneur), who violated the law and did not pay the employee in 2019, faces a fine for non-payment of compensation for unused vacation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

Important!!! Payment of the fine does not relieve the obligation to pay the employee compensation for unused vacation upon dismissal.

Liability for failure to pay compensation is not limited to an administrative fine. Since the payment did not occur within the period established by labor legislation, in addition to compensation for unused vacation, the employee must be paid compensation for the delay in salary.

If this is not done voluntarily, the company’s debt to the employee will be collected in court.

FAQ

Question No. 1: Is monetary compensation paid to a part-time worker for unused vacation?

Answer: If a part-time worker has not used his next annual leave, he has the right to receive compensation for it upon dismissal. The amount of vacation pay and compensation for part-time workers is calculated in the same way as for main employees.

Question No. 2 Is compensation due for part-time dismissal if I have worked for six months?

Answer: Upon dismissal, the organization must pay compensation to the employee for all unused vacations

Question No. 3: When applying for a part-time job, they drew up not an employment contract, but a civil law one. Worked at the company for 1 year. Under this agreement, is there compensation upon dismissal for unused vacation or not?

Answer: Under a civil contract, compensation for unused vacation is not provided by law.

According to the norms of current legislation, upon dismissal, every employee has the right to count on compensation for unused vacation if he worked at the enterprise for more than 2 weeks. Time and working conditions do not affect the employee’s right to claim the same rights and guarantees that other company employees have, even in the case of combining positions or professions. Let's find out what kind of vacation compensation a part-time worker is entitled to.

Is vacation compensation paid to a part-time worker?

By law, employees of enterprises who work part-time have similar rights to employees who are employed at their main place of work. Accordingly, unused vacations must also be compensated for part-time workers, as full-time employees working at their main place of work.

Compensation payments for vacation that did not take place will be calculated for all days when the part-time employee should have rested, but worked. That is, the part-time worker is entitled to compensation for vacation, and it is paid on a general basis.

How long is the vacation for part-time workers?

The duration of rest for an employee employed part-time will not depend on whether he has a full-time or part-time working day. Even if he does not work full time, this is not a reason to reduce the amount of annual leave. Within 12 months of implementation job responsibilities The employee is entitled to at least 28 days of vacation.

Is vacation compensation due to a part-time worker replacing an employee who has gone on maternity leave?

It happens that a part-time employee becomes a part-time employee at the request of the employer to replace an employee who has gone on maternity leave or child care leave.

Because the this type combining positions or professions is no different from other cases of part-time work; the part-time worker is still entitled to compensation for unused vacation. The law assumes that external and internal part-time workers will have equal rights.

Leave at the main place of work and part-time work

It often happens that a part-time worker did not go on vacation when he was given the opportunity to take an annual vacation at his main place of work. Here it is impossible to immediately say whether part-time leave will be compensated or not. Labor legislation allows the employee to do what seems necessary to him during the vacation period - rest or work. It turns out that he can work part-time even when he is supposed to rest at his main place of work.

However, the law also indicates that vacation at an enterprise where an employee works part-time must be provided simultaneously with vacation at the main place of work. But most often it happens that the employer does not even know that his employee is employed somewhere else, since the employee is not obliged to provide him with such data - this is his personal business, and this should not affect the relationship with his superiors. Or the employer may know about part-time work, but do not have information about the rest time at the employee’s main place of work.

When is vacation compensation paid to a part-time employee upon dismissal?

If a part-time worker decides to quit his job without taking advantage of his annual leave, compensation will be issued to him on the last working day, like all other payments.

How to determine the vacation period of a part-time worker

• a part-time worker may ask the employer to provide him with additional days rest at your own expense, if the vacation at the main place of work is longer than at the part-time place;
• a part-time worker has the right not to appear at work when vacation has begun at his main place of work, and the employer at his part-time job refuses to let him go on vacation (this will not be considered absenteeism).

The vacation period does not include the time while the employee rested at his own expense (on additional days of rest), but not more than 2 weeks. Missing work days due to the fact that the employer did not allow him to go on vacation cannot be counted as absenteeism. These days must be included in the vacation period.

How is vacation compensation calculated for a part-time worker?

To calculate the amount of compensation for unused vacation for a part-time employee upon dismissal, you need to focus on general rules calculations of compensation for employees employed at their main place of work. You can use the following formula:

RKO = (OCDEO – FIDO) x SDZ,

where RKO is the amount of compensation for unused vacation;

OCHDEO – total number days of annual leave due to the employee;

FIDO – vacation days actually used;

SDZ is the employee’s average daily earnings.

If a part-time worker, like employees at their main place of work, has the right to additional rest, for example, for working during harmful conditions, he has the right to receive compensation for it. The number of days of additional leave depends on the number of days spent at work in hazardous conditions.

How is the number of vacation days calculated?

Each employee of the enterprise is entitled to rest for 28 days of annual basic leave. Based on this, it can be argued that for each month of work he is entitled to (28 days / 12 months) = 2.33 days of vacation. You also need to consider following rules:

1. Fractional numbers involved in calculating the number of days of rest are rounded in favor of the employee.
2. If an employee worked for more than half a month, he is counted as a full month. If less than half a month is worked, it is excluded from the calculation.
3. Vacation days on which the employee managed to rest are excluded from the calculation of compensation.

How to calculate average daily earnings and vacation compensation

To calculate the average income of an employee per day, you need to add together all regular payments for work activities (not one-time assistance or encouragement) - wages, bonuses, annual cash remuneration, additional payments, allowances. Then we divide the resulting amount of income for the year by (12 months x 29.3 days) = 351.6 rubles. Now we multiply the number by the number of unused vacation days - this is the amount of compensation.

Legislative acts on the topic

Common mistakes

Error: The employer did not pay compensation for unused vacation to the part-time worker, since this employee is not an external, but an internal part-time worker and performs the duties of a woman who went on maternity leave.

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 basic workplace, maybe also in 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:

1. 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);
2. 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);
3. Calculation of wages and compensation for days of annual leave not used by a part-time employee (if necessary, severance pay is also considered);
4. Payment of the calculated amount on the last working day;
5. Making an entry about the termination of the relationship in the T-2 card and work book, if the quitter wants it;
6. 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 labor activity in the form of 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 the 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.