Are part-timers entitled to bonuses? Part-time bonus

How to pay part-time workers is a topical issue for many employers. The employee works regularly, but is not the main employee. What payments, benefits and guarantees are required by law?

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

The nuances of the activities of such workers, as a rule, are discussed at the time of employment. But when it comes to pay, many employers still don't know how to do it right.

Do I need to pay a part-time sick leave, how to arrange vacation pay, is such an employee entitled to an advance payment? How is remuneration for part-time work done?

Basic moments

How is a part-time worker paid? The main indicator in the calculation of wages is the work schedule.

But if we compare part-time workers and main workers, then they should not be strictly separated. Part-time employees are not at all a separate category of employees.

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

When paying part-time work, all payments due to an ordinary employee are taken into account. These include allowances, and, and prescribed coefficients, and standard surcharges.

Required Concepts

Part-time work is called labor activity, which the employee carries out additionally, in the time unoccupied by the main work activity.

The concept of "wages" predetermines. In the exposition of the law, wages mean remuneration for work performed.

This takes into account:

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

Compensation payments include, for example, compensation for:

• performance of duties in conditions other than normal (overtime activities, night work);
• activities in unusual climatic conditions;
• work in areas with unfavorable background radiation;
• other similar fees.

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

• allowances for overfulfillment of the plan;
• awards for successful work;
• incentive payments for distinguished employees;
• other payments.

Documenting

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

On the basis of this, the employee is assigned a personnel number and starts. It becomes the main regulator for payroll.

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

• staff position;
• due salary;
• allowances;
• bonus payments;
• other surcharges.

As a rule, part-time employees are assigned a salary in the amount of fifty percent of the amount of the salary laid down for the main employee in this position.

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

• time payment;
• payment for actually produced products;
• performance-based payments.

The employment contract is certified by the signature and seal of the head. Published by the organization.

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

Normative base

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

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

In case of piecework payment for work, the amount of wages is assigned by the terms of the contract. All requirements regarding the remuneration of part-time workers are spelled out in.

If the part-time worker has a fixed time wage with normalized tasks, then in this case the activity is paid for the amount of work actually performed, regardless of the time spent.

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

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

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

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

But it is logical to assume that if the acceptance of an employee at half the rate is indicated, then the payment should be appropriate.

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

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

The payroll accountant, after providing the accounting sheet, checks it for compliance.

That is, the correctness of the indication of enrollment, record and sick days, the indication of hours of work at night and holidays, and so on, is checked.

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

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

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

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

Wage

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

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

For example, a part-time worker can be given a fixed salary without taking into account the time worked after the fact.

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

If, as a remuneration for work on combination, the Labor Code proposes the implementation of an additional payment for the actual volume, then when combined, the recommendations of the law are different.

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

If a part-time worker works four hours a day every day, then a rate of 0.5% is determined for him.

With less daily output, a smaller rate is set. Therefore, the salary of a part-time worker is, in principle, less than the salary of the main worker.

Nuances of incentive payments

Can a part-time worker receive a full-time salary? If the payment is by time, then definitely not.

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

However, the salary of a part-time worker can be increased due to incentive payments. To those, in addition to the allowance for qualifications, additional payments for the amount of work actually done, if it exceeds the norm, may be added.

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

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

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

Therefore, a part-time worker must receive a salary not less than the established minimum wage, but taking into account the rate determined for him.

At the same time, the part-time worker pays, like the main workers, all due contributions and taxes. As a result, the amount received by them in their hands may be less than the norm prescribed by law.

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

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

The employer in this case must pay 251 rubles in order for the salary to meet the requirements of the law.

Getting an advance

Regarding the receipt of an advance by part-timers, disputes do not subside. Someone thinks that the salary of a part-time job is not high anyway, so there is no need to divide it into parts.

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

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

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

What is the minimum reward amount

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

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

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

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

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

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

1. Is there a bonus for an external part-time worker working on coasters?

1.1. The bonus is paid at the discretion of the employer.

2. Please tell me how the bonus is paid to an external part-time job? Can the administration pay it in its own way, at its discretion?

2.1. Good day, dear visitor!
In this situation, bonus issues are at the discretion of the employer.
Good luck in resolving your issue.

2.2. The administration may not pay a bonus at all if it is not provided for by an employment contract, regulation on remuneration or other local acts.

3. Is it possible to pay an award to the RK to external part-time workers?

3.1. Good day!
Why not? If it is provided by local acts of the organization - pay.
Good luck and all the best! Thank you for visiting our site!

4. Can I pay a premium and additional allowance to an external part-time worker? At the same time, this part-time worker has a basic rate at another job.

4.1. Hello! Yes, of course you can.

5. I am not paid for the length of service and the bonus by March 8, referring to the fact that I am an external part-time worker and there is a local act in the organization. Essential employees receive these payments. I work full time. Is the employer right?

5.1. Hello! Yes that's right

5.2. Hello. No. Part-time work gives the same rights and guarantees as the main employees

6. Should they give an annual bonus to external part-timers.

6.1. if provided by the regulatory act of the organization - yes.

7. Should they give an annual bonus to external part-timers. If yes, then its size is the same as that of the main employee or less, because. does he only work part time?

7.1. The amount of the bonus is established by the employment contract and local regulations of the organization, for example, the regulation on bonuses.

8. Should they give an annual bonus to external part-timers. If yes, then its size is the same as that of the main employee or less, because. does he only work part time?

8.1. Study the regulations of the organization - for example, the provision on bonuses.

9. Will the external part-time worker be given a bonus based on the results of work for the year?

9.1. The answer must be sought in the Decree on bonuses, if you have not read it, then we have not even seen it.

10. Is it possible to pay a premium to external part-timers.

10.1. Well, why not? The law does not prohibit if it works well. Of course, we also don't forget about taxes in this case.

10.2. Yes, it is allowed.

11. Is the employer obliged to pay a bonus to an external part-time job.

11.1. This issue should be regulated by the internal documents of the organization (regulation on remuneration and / or bonuses)

12. I have been working as an external part-time worker in a city hospital as an electrician for three years already, before they paid a bonus, but now it’s not allowed, they explain this by the fact that I receive the bonus at my main place of work, are they right or not?

12.1. Each institution has a number of regulations and documents that establish the rights and obligations of the parties to labor relations. These include staffing, employment contracts, internal labor regulations, a collective agreement, regulations on remuneration and bonuses, etc. What should be taken into account when analyzing their content?
The information in these documents must not contradict each other. The conditions contained in them cannot worsen the position of the employee in comparison with the established labor legislation. For example, a newly arrived employee for a probationary period is paid less than an already working employee in the same position. This is a violation of Part 2 of Art. 22 of the Labor Code of the Russian Federation, which guarantees equal pay for work of equal value. Another example: part-time employees are not awarded bonuses, but the main employees holding the same positions are awarded. Unreasonable differences in wages, that is, not related to the business characteristics of the employee, the quantity and quality of his work, are considered discrimination (part 1 of article 3 and part 2 of article 132 of the Labor Code of the Russian Federation). The conditions for bonuses to part-time workers should be established in the same manner as for the main workers.
According to Art. 57 of the Labor Code of the Russian Federation, the terms of remuneration (including the size of the tariff rate or official salary of an employee, additional payments, allowances and incentive payments) must be contained in the employment contract between the employee and the employer or in the collective agreement that regulates social and labor relations in the organization and is concluded between employees and employer represented by their representatives (Article 41 of the Labor Code of the Russian Federation). Order of the Ministry of Health of the Russian Federation of October 15, 1999 N 377 "On approval of the Regulations on the remuneration of healthcare workers" (hereinafter - Order N 377) provides for uniform principles for remuneration of employees of healthcare institutions that are on budget financing, based on the UTS and the procedure for the formation of tariff salaries ( rates), as well as compensation and incentive payments established by the current legislation of the Russian Federation. An employment contract is concluded between a medical institution and a medical worker.

13. What types of bonuses are due to an external part-time worker.

13.1. The same as for the main workers.

13.2. See the Regulations on remuneration and your employment contract

N. Rudenkova, editor-expert of the “Employees and You” berator

Every year there are more and more people who work simultaneously in several jobs. The mode of their work and the procedure for calculating various payments has its own characteristics.

Part-time work is a type of work outside the normal working hours, that is, 40 hours a week. In accordance with the new edition of the Labor Code, from October 6, 2007, it should not exceed 4 hours a day and half the monthly working time.

You can work part-time with an unlimited number of employers, but subject to the above norm. For example, for one employer, a part-time worker can work 20 hours a week, for a second - another 10 hours, for a third - another 10 hours, etc. On days when the employee is free from the performance of labor duties at his main job, he can work part-time full-time.

You can work part-time both in your own company and in another enterprise. Depending on this, it is internal and external.

How to get a partner

With an employee who entered a part-time job, they conclude. It must indicate that the work is part-time.

To work part-time, the consent of the head from the main place of work is not necessary. True, the employer may ask the employee to notify him of his main job.

The exception is company executives. They are required to obtain permission from the owner of the property of the firm or its authorized body (for example, the board of directors). This is provided for by Article 276 of the Labor Code.

When hiring a part-time job in another company (external part-time job), the employee is required to present the employer with a passport (or other identification document). But the employer is not entitled to demand:

• work book (extract from it);
• military registration documents;
• other documents required for presentation at the main place of work.

The exception is work that requires special knowledge. Then the employee may be asked to present a diploma of education (vocational training) or a certified copy thereof. This, for example, is necessary when accepting a teacher in an educational institution, a doctor in a medical clinic, etc. In addition, when hiring with harmful or dangerous working conditions, a certificate of the nature and working conditions at the main place of work is required.

An entry in the work book about part-time work is made only at the request of the employee.

Salary

Part-time workers are paid wages in the same manner as the rest of the company's employees, that is, depending on the time worked or output.

Please note: if you set a full salary for a part-time job, you will violate the norms of Article 132 of the Labor Code - to provide employees with equal pay for equal work.

Example

In Zarya LLC, the staffing table provides for the position of a plumber with a salary of 10,000 rubles. Ivanov, an employee of the neighboring company Vostok, decided to get a part-time job at Zarya.

For a full month of work, the accountant of Zarya accrued a salary to Ivanov in the amount of 5,000 rubles. (10,000 rubles x 1/2).

If Ivanov worked part-time for 3 hours every day, then his salary would be 3,750 rubles. per month (10,000 rubles: 8 hours x 3 hours).

If a part-time worker works in an area where regional allowances and coefficients are established, they must also be taken into account when calculating salaries. In addition, a condition on personal allowances or other incentive payments can be added to the part-time employment contract.

Standard tax deductions for internal part-time workers are provided taking into account their total earnings received at this enterprise. For example, if the salary of an employee at the main job was 18,000 rubles from the beginning of the year, and part-time - 3,000 rubles, then he is not entitled to a deduction in the amount of 400 rubles. After all, his total income in this case is more than 20,000 rubles (18,000 + 3,000).

Earnings of external part-time workers for standard deductions are not taken into account.

UST, pension contributions and contributions “for injury” are accrued on the salary of part-time workers. Do it in the general order.

In addition to wages, part-time workers are provided with the same guarantees and compensations as the main workers, with the exception of "educational" and "northern" benefits (Article 287 of the Labor Code of the Russian Federation).

Holidays

Part-time workers are entitled to annual paid leave and additional holidays. Moreover, they are provided with leave simultaneously with leave for their main job. The basis can be a certificate from the "main" company about the time of the annual paid vacation. If the six months provided for by law have not yet expired from the start of part-time work, the leave is granted to the employee in advance.

Paid leave at part-time work may be shorter than at the main job. In this case, at the request of the employee, he must be granted leave without pay.

Please note: those working in the regions of the Far North are granted extended leave only at their main job.

If the part-time worker did not use the next one, he has the right to receive compensation for him upon dismissal. The amount of vacation pay and compensation for part-time workers is calculated in the same way as for the main workers.

Business trips

For all employees traveling on business trips, the law guarantees:

• maintaining a job;
• payment of average earnings;
• reimbursement of travel and accommodation costs;
• daily allowance.

There are no special rules or restrictions for seconded part-time workers. And yet they are. Since, leaving one job, a part-time worker cannot perform official duties in another position.

So, sending a part-time worker on a business trip, the company must pay him the average earnings for the time spent on the trip. At the same time, at the second job, the employee must arrange leave at his own expense for the period of the business trip. It doesn't matter if it's your main job or part-time job.

An employee can be sent to the same locality at the same time in two places of work - the main and additional. In this case, the average salary must be paid for both positions, since the employee will perform his official duties on a business trip.

But the travel expenses - travel, per diem, hotel and others - the employee needs to be compensated only once. Therefore, the sending organizations must agree on the distribution of these costs among themselves. This procedure is provided for in paragraph 9 of the Instructions of the USSR Ministry of Finance, the USSR State Committee for Labor and the All-Union Central Council of Trade Unions dated April 7, 1988 No. 62.

sick pay

The Labor Code guarantees part-time workers the payment of benefits for sickness, pregnancy and childbirth. But unlike other compensations, it is very difficult to implement this guarantee in practice, and here's why.

According to Article 183 of the Labor Code, the procedure for paying benefits must be established by federal law. Judging by the name, there is such a document - this is the law of December 22, 2005 No. 180-ФЗ “On Certain Issues of Calculating and Paying Benefits for Temporary Disability, Pregnancy and Childbirth”. Article 2 of this law states that such benefits “are calculated from the average salary of the insured person paid to him by the employer paying the said benefits for the last 12 months…”.

At the same time, there is not a word about part-timers in the law. And if so, then it is necessary to be guided by the regulations adopted before the entry into force of the Labor Code, in the part that does not contradict it. Such a document is the "Regulations on the procedure for providing benefits for state social insurance", approved by the Decree of the Presidium of the All-Union Central Council of Trade Unions of November 12, 1984 No. 13-6.

Paragraph 68 of the Regulation reads: “In the actual earnings from which benefits are calculated, all types of wages are taken into account, on which ... social insurance contributions are accrued, ... with the exception of the payments specified in paragraph 69.” Among the exceptions, payment for part-time work is mentioned. However, this restriction is contrary to the Labor Code, therefore it is not applicable. Thus, it turns out that when paying for sick leave, it is necessary to take into account the entire earnings of the employee, including part-time work.

So, in theory, the problem is solved. But how to put it into practice? Indeed, among other things, an accountant is obliged to follow the Federal Law of November 21, 1996 "On Accounting". Article 9 of the law requires the documentation of business transactions. But the sick leave is issued in one copy. Therefore, an employee can confirm the fact and duration of disability only at one place of work.

If this is an internal part-time job, then he receives a salary for both positions from one employer. This means that a sick leave will be quite enough to confirm his incapacity for work at two jobs at once. And if so, then the part-time worker needs to accrue benefits based on total earnings. The Social Insurance Fund of Russia also agrees with this (letter dated January 23, 2006 No. 02-18 / 07-541).

External part-timers were less fortunate. Despite the fact that these workers have the same rights as internal part-timers, they cannot count on benefits in full. The fact is that they simply have nothing to document the fact of disability at their second job. Since the law does not recognize copies of the sick leave. Thus, there is discrimination of external part-time workers. It is possible to put an end to it only by adopting a law regulating the procedure for paying allowances to part-time workers.

Note that an employee can receive benefits at any place of work of his choice, and not just at the “main” company, as the FSS believes. After all, if the salary at the place of combination is higher than at the main job, then it is more profitable for the employee to receive benefits there. But keep in mind: if you pay sick leave to an external part-time worker, you should be prepared for a dispute with the Social Insurance Fund, which refers to paragraph 100 of the decision of the All-Union Central Council of Trade Unions No. 13-6. According to this paragraph, "benefits are assigned at the place of work of the worker or employee (where his work book is located)." At the same time, officials are not embarrassed that this provision is contrary to the Labor Code, which means that it should not be applied.

Dismissal of a part-time worker

You can dismiss a part-time employee according to the same rules as a full-time employee. But there is also a specific reason for dismissal - hiring an employee for the same position who will work on a permanent basis. Please note: the employee must be notified in writing two weeks before the proposed dismissal. This is stated in article 288 of the Labor Code. The entry in the work book looks like this: "Fired in connection with the employment of an employee on a permanent basis, article 288 of the Labor Code of the Russian Federation."

for reference

If an employee leaves the main place of work, then part-time work does not automatically become the main job for him. The part-time worker does not have the right to demand from the employer to transfer him from part-time workers to the main employees.

According to Article 285 of the Labor Code, part-time workers are paid in proportion to the time worked, depending on the output or on other conditions determined by the employment contract. Thus, from this point of view, the salary of a part-time job is not limited by anything and depends only on the capabilities of the employer. This means that any amount of payment can be established in the employment contract.

We immediately note an important point: First of all, if one of the main workers finds out that he receives less than a part-time job, and their positions are the same, the “staff worker” has the opportunity to file a complaint with the labor inspectorate. And that, in turn, will oblige the company to explain such a “equalization” in payment and pay additional salaries to the “offended” employee, not to mention a fine for violating labor laws. And Secondly, according to the specialists of the financial department, the salary of an internal part-time job cannot exceed the salary established for a combined staff unit (letter of the Ministry of Finance dated February 1, 2007 No. 03-03-06 / 1/50). Consequently, only within these limits, labor costs can be taken into account in expenses when calculating income tax - that is, no more than 50% of the salary established in the staffing table. This is a rather controversial position, but the courts do not support the financiers, emphasizing that the main thing is that the amount of payment for a part-time job is prescribed in the employment contract (decree of the Federal Antimonopoly Service of the North-Western District of May 2, 2006 in case No. A56-18935 / 2005).

legal days

The second plus when working part-time is the ability to work on weekends without comments from regulatory authorities. And here's why: as a general rule, a part-time worker cannot work more than four hours a day, and per month - more than half of the monthly norm of working time of the corresponding category of workers (Article 284 of the Labor Code of the Russian Federation). On days when the employee has a day off at the main place, he can work part-time full-time. At the same time, it is not necessary to draw up a separate order to work on a day off and, accordingly, it is also not necessary to pay it in double size, since the part-time worker works in any time free from the main work, fulfilling the established norm. To record working time, you can use a time sheet, the form of which is approved by order of the Ministry of Finance dated February 10, 2006 No. 25n. It should also reflect the time that the part-time worker worked.

Additional payment in the form of premiums

So, since a part-time worker is not entitled to work more than four hours a day, then, accordingly, he cannot claim wages in full. At the same time, it follows from the provisions of Article 285 of the Labor Code of the Russian Federation that the remuneration of a part-time worker may include not only payment depending on output, but also other payments provided for by the employment contract. Therefore, in practice, you can do this: establish in the contract the payment of a quarterly bonus in the amount that is necessary for the part-time worker to receive the promised salary in full.

For example, according to an employment contract for external part-time work, the salary of an employee is 10,000 rubles. At the same time, he is promised that he will receive 18,000 rubles a month. In order for the employee to receive the entire amount in his hands, the contract must provide for a quarterly bonus in the amount of 24,000 rubles. This bonus is paid based on the results of work for the quarter based on the order of the head. As a result, the employee receives all the money due to him.

The second plus when working part-time is the ability to work on weekends without comments from regulatory authorities.

Once again, we draw your attention to the fact that the condition for the payment of the bonus must be spelled out in the employment contract. Only in this case, the premium can be taken into account when calculating income tax as labor costs. In confirmation of the above - the letter of the Ministry of Finance dated February 5, 2008 No. 03-03-06 / 1/81. By the way, if the premium is paid out of net profit, then it does not need to be taken into account in tax accounting and, accordingly, insurance contributions to the Pension Fund and the Social Insurance Fund must be calculated.

Contract for services

One of the options for part-time employment can be a contract of a civil nature or paid services. What are the advantages? Firstly, in this case, the employee can perform work without appearing at the company's office, which saves on creating a workplace. Secondly, payment for the work performed is exclusively by agreement. Thirdly, this money is not subject to contributions from accidents at work. In addition, it is possible to pay part of the salary "in an envelope." However, please note that if you have entered into a contract with a full-time employee, then it would be good if the obligations under such a contract differed from his “regular” duties enshrined in the employment contract. Otherwise, the inspectors can re-qualify the GPC agreement as a labor contract and charge additional insurance premiums.

Save money with grants

In practice, such a situation may arise. You have a valuable highly paid employee. You do not want to lose him, but the amount of tax deductions from his salary greatly depresses you. How to save on taxes and keep a valuable employee in the company? It is perfectly reasonable to do so. You offer the employee to quit of his own free will and on the same day conclude an employment contract with him, but with the condition of external part-time employment. An employee who has received a calculation and a work book in his hands goes to the labor exchange and becomes registered. You give him a certificate of average earnings for the last three months, which is submitted to the Employment Fund. Thus, the worker will receive part of his salary in the form of unemployment benefits.

According to Article 30 of the Law of April 19, 1991 No. 1032-1 “On Employment in the Russian Federation”, unemployment benefits are calculated based on wages for the last three months of work. At the same time, it is necessary to work in the last place for at least 26 weeks on a full-time basis. The calculation of average earnings for unemployment benefits takes into account all types of payments provided for by the wage system, such as, for example, bonuses.

A complete list of types of wages is reflected in the Regulations on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922. The maximum unemployment benefit is 75 percent of the average wage at the last place of work. It is paid within the first three months. The unemployed employee will then be paid 60 percent of average earnings for four months, and 45 percent for the remaining five months.

For example, with an average "white" salary of 15 thousand rubles, 75 percent of this amount is 11,250 rubles, 60 percent - 9,000, and 45 percent - 6,750 rubles. And the part-time worker will receive the rest from the organization as a salary. As a result, the employee's seniority is not interrupted - you pay him only the difference between unemployment benefits and his full salary. In addition, the company saves on payroll taxes. Then, after some time, it will be possible to accept a part-time worker back to the company's staff. True, this scheme is real only on the condition that the employee works and lives in the same region, since it is necessary to register with the labor exchange at the place of permanent registration.

Olga Chugina, expert of the magazine "Calculation"

The main goal of any work activity is to earn enough money. Of course, everyone has different needs, but often one person is simply not enough. We all remember the famous curse from the Soviet film: "So that you live on one salary!". So many of our employed fellow citizens "spin" as best they can, and sometimes take on another job.

The law does not prohibit combining the main job with another, additional one. In the Labor Code, this is called part-time work. A part-time worker is essentially the same employee as everyone else in the organization, the main difference is the length of his working day.

Are there incentives for such employees?

In practice, among employers, for some reason, it is customary to consider part-time workers as "underemployed", and this attitude is often expressed in. For example, quite often the management does not consider it necessary. And the part-time workers themselves are not always sure whether this bonus is due to them or not.

For those and others, one can definitely say: yes, it is supposed to, like the rest of the employees of the enterprise, and here's why.

1. (Article 282 of the Labor Code of the Russian Federation), as well as with ordinary workers. It’s just that the contract itself necessarily states that such a person will not work all the working day, like his colleagues, but only half, and sometimes even less.
2. In any employment contract, it is mandatory to stipulate. Moreover, this payment is not taken from the head (to whom and how much the boss appointed), but is determined on the basis (Article 135 of the Labor Code of the Russian Federation).
3. The legislator identifies several components in the payment system: salary or tariff rate (the “core” of the salary), compensation (if working conditions so require) and the incentive part (including bonuses) (the same article 135).
4. Such a system of remuneration for labor should be fixed and detailed in special internal documents of the enterprise (usually in or in), valid for all its employees. Here it must be emphasized that for everyone without exception, otherwise it will be . As we have already found out, a part-time worker is the same employee as everyone else, for this reason such local acts apply to him.
5. Conclusion: if your organization has a system for paying bonuses, then every employee, including a part-time worker, must pay them!

It is worth remembering here that it is forbidden by law to include in the employment contract such conditions that put the employee in a worse position compared to his colleagues and compared to legislative provisions.

Simply put, if you are given an employment contract to sign, according to which you, as a part-time worker, are not entitled to a bonus, it will not work in this part. You can even unknowingly sign it, all the same, such a condition will be invalid.

If everyone else was paid the bonus, then the part-time worker should also be paid.

Many employers motivate non-payment of bonuses to part-time workers by the fact that they work less than their colleagues. But after all, no one obliges them to reward them in the same amount as the rest. By law, the work of a part-time worker must be paid in proportion to the work done. It is expressed either in the number of hours, or in production, or otherwise in strict accordance with the employment contract.

This means that the premium is also calculated proportionally. Notice, that :

• one-time (for example, for the anniversary)
• and regular (monthly,).

Let's take an example. Suppose a part-time worker works 4 hours a day. The working day of ordinary employees lasts 8 hours. The organization has established a time-based payment and a bonus system in the form of 5% of the salary every month, subject to the fulfillment of all criteria for bonuses.

• With a salary of 10,000 rubles for the rate, the main employee will be paid a bonus in the amount of 500 rubles.
• In this case, a part-time worker with 1/2 rate is entitled to a bonus of 250 rubles.
• Similarly, the amount of the premium is calculated when paying for production rates.

To the question of the procedure for paying bonuses, we repeat that all local norms for remuneration in the organization also apply to part-time workers. This means that it is necessary to pay the bonus to the part-time worker at the same time as paying it to all other employees.

Deprivation of the allowance

Now let's get to the nasty part. Since in relation to a part-time employee, internal documents on bonuses are in full force, it means that they are the same as for the main employees.

There are no provisions in current labor laws on how to do this. Such conditions should be spelled out in the local documents of the organization (for example, in the Regulations on bonuses).

It is important that it is illegal to simply take and deprive an employee of an employee’s bonus without relying on the rules in force in the organization. In order not to put subordinates in an unequal position, the authorities are obliged to establish uniform grounds for such punishment.

It's usually done like this:

• the local document defines the criteria that characterize the quality of the work. This may be the fulfillment of the set plans, the presence or absence of complaints, the fulfillment of one's duties, etc. Depending on the completeness of the implementation of such indicators, the bonus is calculated.
• the same document specifies exactly when (in case of non-fulfillment of which indicators) the employee or not to pay at all. In addition, you can prescribe a condition for depriving the bonus of those employees who are registered.

If it is decided to deprive the employee of the bonus in accordance with the documents in force in the organization, an appropriate order is issued about this, with which the employee must be familiarized against signature.

When it comes to a part-time worker, he is deprived of the bonus in the same manner.

How to protect your rights

In the process of implementing any law, conflicts inevitably arise. Labor law is no exception. Managers often resort to bonus deductions for no particular reason, and even part-time workers may not be paid a bonus at all. If you still got it, but later than the due date, this is also a violation of your rights.

You can protect yourself like this:

1. . In the case of a non-payment or late payment of a bonus, you can simply stop working until it is paid. True, so that you yourself are not punished for this, it is necessary:
   • notify management in writing;
   • make sure that more than 15 days have passed since the date when the bonus should have been paid.
2. You can directly tell your superiors that you do not agree with his decision and try to resolve the problem through negotiations. If nothing worked out, then the Labor Code provides for a whole procedure for such situations. It's called an individual labor dispute. To resolve it, your boss must create a special commission. Perhaps with the involvement of representatives in this process, you and your opponent will come to an agreement.
3. Complaint to the trade union, if the organization has one. These unions were originally invented precisely in order to protect the rights of workers in the event of conflicts with management. Today it is also one of their functions. If you have not been paid the required bonus, feel free to go to your trade union and write a statement about who and how violated your rights. The union worker should help you. This assistance can be diverse: participation in negotiations with your superiors, appeal to the labor inspectorate or to the court.
4. Complaint to the state labor inspectorate in your area. The Labor Inspectorate, having received your appeal, will certainly initiate an inspection at your enterprise and request all the necessary documents. If all the facts stated in the application are confirmed, the inspector has the right to issue a mandatory order to correct everything to your organization, as well as its management. But it won't stop there. Non-payment of wages (including bonuses) is an administrative offense (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The labor inspector has the right to independently hold accountable and impose a fine on the unfortunate leader, and in some cases (if your boss has already “caught” the same violation once) is obliged to transfer all materials to the court.
5. Appeal to the court. This is the most effective way to protect. In court, you can ask your organization to pay money owed to you. But before you file this complaint, you should collect all possible documents confirming that you were “offended”. These can be orders to deprive the bonus (if there were no grounds), orders to award bonuses to all employees (but without your name on the list), copies of documents that determine the procedure for remuneration at the enterprise.