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Published: 08/06/2016
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The work of staff in most medical institutions is structured according to a shift schedule, according to which a doctor’s working day can last only a few hours. This regime provides employees with the opportunity to simultaneously work in different medical institutions, combining several jobs.
However, the legislation provides for some restrictions on the simultaneous work of doctors in different places. They are determined using the part-time coefficient, the concept and calculation features of which are worth considering in more detail.
- Legislative regulation
- Concept and conditions of use
- Features of application in the healthcare sector
- Formula and calculation example
Normative base
You need to understand that medical practice has its own specifics, due to the high level of responsibility of the work performed, since not only health, but also human life often depends on doctors.
That is why in the legislative framework there are certain norms and regulations governing the provisions of part-time work specifically for employees of medical organizations.
In 2003, the Ministry of Labor adopted Resolution No. 41 of June 30, which provided for the rules of part-time work for workers in the educational, pedagogical and medical fields of activity. In addition, doctors and physicians working in urban-type settlements and villages are subject to Regulation No. 813 of November 12, 2002, according to which physicians can work part-time for up to 8 hours, while having 39 working hours per week.
These documents regulate the part-time work of medical workers, and they must be followed, so HR specialists must correctly register such workers.
You can view these documents here:
Decree of the Government of the Russian Federation of November 12, 2002 N 813
Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 N 41
Every person involved in the healthcare sector must understand that there are main signs of part-time work, which include the following:
- the work is performed at a time when the person is not involved in the main place of employment;
- a second employment contract is concluded;
- the nature of the work is not temporary, but permanent;
- working conditions correspond to those of full-time employees.
The provisions for the work of part-time workers are covered in Chapter. 44 of the Labor Code of the Russian Federation, according to which a part-time worker has all the same rights and responsibilities as a regular employee, including time off, sick leave, vacations at his own expense, and so on.
Labor Code of the Russian Federation
Combination term
The combination of medical personnel may have an unlimited validity period; the Labor Code of the Russian Federation does not establish its maximum limits.
When signing a combination agreement, the parties can independently determine how long it will be valid:
- Before the occurrence of a certain event (for example, for the duration of the main employee’s vacation).
- Before a certain date (for example, before December 31 of the current year).
If a combination is offered to an employee who has been accepted under a fixed-term employment contract, then in order to avoid misunderstandings, the validity period of the agreement should be determined to a period not exceeding the validity period of the employment contract. Otherwise, the employee’s employment contract may be considered unlimited.
What functions are not part-time?
Speaking about medical workers, it should be made clear that not all jobs here can be part-time.
According to Regulation No. 41 of June 30, 2003, this includes:
- Conducting accounting, medical or technical examination. Almost always, such work is one-time in nature, and is paid individually and is not regular. In addition, we are not talking about performing regular duties, as prescribed in Art. 282 of the Labor Code, since the work is aimed at a specific one-time result.
- Consultation by highly qualified doctors - professors and doctors of science. Such work also does not fall under the category of regular work, since it can be performed at different times and with different intensity of consultations. You need to understand that the doctor’s duties do not include counseling, but he has the right to do so, and there is also no system of subordination of the subjects of the relationship. Such relationships are of a civil law nature, therefore the consultation function does not apply to part-time work.
- Performing specific duties without holding a full-time position in a medical institution. An example of such work is duty, which is established in addition to the main working hours and in accordance with Art. 99 of the Labor Code belongs to the category of overtime.
If we take a closer look at the work that medical employees can perform without holding a full-time position, we can confidently conclude that this is a combination.
This is due to the fact that duty is often carried out simultaneously with the main job, and therefore does not apply to part-time work, since such work is performed in free time from the main job.
Any work performed by a doctor at a time beyond the regular schedule falls under the category of overtime, and therefore is paid in accordance with Article 152 of the Labor Code of Russia.
Such work is usually formalized by an additional agreement to an existing employment contract, which also specifies the scope of work, the amount of additional payment and the specifics of the function performed.
An example of such a document:
Sample additional agreement on combination
Questions and answers
At our main place of work, our doctor works for one full-time job.
He works part-time at the hospital for 0.5 times the salary as an external part-time worker. Does he have the right to work a 24-hour shift on Saturday if he has to work on Monday? And does he have the right to go on an 8-hour shift after work, and then go back to his main job in the morning? Expert:
Guide to HR issues. Features of labor relations with medical workers
4. Features of part-time work for health workers
Features of part-time work for medical and pharmaceutical workers are determined in accordance with: - Ch. 44 Labor Code of the Russian Federation; — the procedure established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations; - Resolution of the Ministry of Labor of Russia dated 06/30/2003 N 41. Resolution of the Ministry of Labor of Russia dated 06/30/2003 N 41 stipulates that within a month, by agreement between the employee and the employer, the duration of work under each employment contract cannot exceed: - for medical and pharmaceutical workers - half the monthly standard of working time, calculated from the established length of the working week; - for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week; - for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage - a monthly standard of working time, calculated from the established length of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by federal executive authorities, and in institutions and other organizations under the jurisdiction of constituent entities of the Russian Federation or local governments - in the manner determined by state bodies authorities of constituent entities of the Russian Federation or local governments; - for junior medical and pharmaceutical personnel - monthly standard working hours, calculated from the established duration of the working week. At the same time, the regulatory act contains a list of jobs that are not considered part-time and do not require the conclusion (registration) of an employment contract (clause 2 of the Resolution). It includes: - conducting a medical examination with a one-time payment; — consultation by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year; — supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer; - work without holding a full-time position in the same institution or another organization, duty of medical workers in excess of the monthly working hours according to the schedule, etc. The specified work can be performed with the consent of the employer during regular working hours.
He has the right to be on duty.
Expert:
Irina! According to Article 284 of the Labor Code of the Russian Federation:
Labor Code of the Russian Federation, Article 284. Duration of working hours when working part-time
The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift) . During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.
In clauses 1 and 2 of the Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” the following is stated:
In accordance with Article 282 of the Labor Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2002, N 1, Part I, Art. 3) and Decree of the Government of the Russian Federation of April 4, 2003 N 197 “On the peculiarities of part-time work in pedagogical, medical, pharmaceutical workers and cultural workers" (Collected Legislation of the Russian Federation, 2003, No. 15, Art. 1368) The Ministry of Labor and Social Development of the Russian Federation, in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, decides:
1. Establish the following features of part-time work for teaching, medical , pharmaceutical and cultural workers :
a) these categories of employees have the right to carry out part-time - performing other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, profession, and in cases when a reduced working time is established (except for work in respect of which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation);
b) the duration of part-time work for the specified categories of employees during a month is established by agreement between the employee and the employer and for each employment contract it cannot exceed:
- for medical and pharmaceutical workers - half the monthly working time rate, calculated from the established length of the working week;
- for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
- for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage - a monthly standard of working time, calculated from the established length of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by federal executive authorities, and in institutions and other organizations under the jurisdiction of constituent entities of the Russian Federation or local governments - in the manner determined by state bodies authorities of the constituent entities of the Russian Federation or local governments;
- for junior medical and pharmaceutical personnel - monthly standard working hours, calculated from the established duration of the working week;
2. For the categories of workers specified in paragraph 1 of this resolution, the following types of work are not considered part-time and do not require the conclusion (registration) of an employment contract
g) work without holding a full-time position in the same institution or another organization, duty of medical workers in excess of the monthly working hours according to the schedule, etc.;
For what purposes is the coefficient needed?
According to the provisions governing part-time work, there are no restrictions on the number of jobs.
Taking into account the large number of part-time workers who usually staff a medical institution, the manager often needs to determine the number of personnel.
Today, a special formula for the coefficient of part-time doctors has been developed, which allows you to determine:
- degree of workload of staff;
- whether there is a shortage of specialists from the ranks of junior, mid-level or senior medical staff;
- what measures should the recruiting manager take (whether it is necessary to redistribute the ratio of permanent workers and part-time workers).
Is it possible to work part-time while on maternity leave? Find out from our article. How to draw up a part-time employment contract? Read here.
How to calculate the part-time rate
The possibility of performing such work by medical staff in each case requires an assessment of these sanitary and epidemiological requirements for the compatibility of both the main job and part-time positions. Calculation of the part-time coefficient in healthcare There is nothing complicated in calculating the part-time coefficient, since for this we take the number of occupied positions in the clinic and divide it by the number of doctors who are physically present in the clinic: = number of occupied medical positions (paramedical workers) / Number of individual doctors (paramedical workers) health workers) at the end of the reporting period. The resulting coefficient shows how filled the vacancies in the medical institution are, as well as whether the head physician needs to take any measures to expand the staff.
Important
Home » Personnel » Part-time work » How to calculate the part-time ratio Free legal consultation by phone: +74997034105 (MSK), +78123096807 (St. Petersburg) Companies often perform part-time duties. In this article we will try to reveal the nuances of such work, tell you how to calculate the part-time coefficient and why it may be necessary.
Who is a part-time worker? Part-time work is the performance of additional duties in your free time from your main job. That is, if a person works a standard eight hours, for example, as an accountant, and after that he is engaged in legal activities for another three or four hours, he is considered a part-time worker.
In what cases is it used?
To answer the question in what cases and how the calculation of the coefficient is used to determine part-time doctors, a few words should be said about the features of part-time work for doctors.
The following important points should be highlighted here:
- Medical employees have the right to work part-time not only in other clinics (external part-time work), but also at their main place of work (internal part-time work).
- When working under reduced working hours, doctors are allowed to register as part-time workers, provided that they do not participate in activities that are subject to sanitary and hygienic restrictions.
- The maximum time of part-time work for doctors cannot exceed more than ½ of the standard working time, calculated on the basis of the approved working week (for the main job). Moreover, such requirements apply not only to junior, but also to middle and senior medical personnel, therefore, regardless of the doctor’s qualification level, the employee must be registered within the framework of the current legislative norm.
A doctor has every right to work at his main place of work, holding a part-time position there (internal part-time job).
Taking into account the fact that some doctors have multiple qualifications, it is quite possible for them to work in this way, since it is fully permitted by law.
When a doctor works simultaneously in several clinics, this will be considered an external part-time job, which for medical workers is limited by sanitary and hygienic requirements.
The list of such types of work that cannot be performed by medical workers part-time due to sanitary and hygienic restrictions is not established by Russian legislation.
The possibility of performing such work by medical staff in each case requires an assessment of these sanitary and epidemiological requirements for the compatibility of both the main job and part-time positions.
Is part-time teaching allowed? Read about it on our website. Is it possible to work part-time without a main place of work? Find out here.
How many bets can you take part-time? See here.
Other nuances and features
Part-time work in the field of medicine has several distinctive features, which are as follows:
- The legal right to carry out both internal and external part-time work. As current practice shows, internal part-time work is much more widespread than external. In many medical institutions, a doctor performs several job responsibilities within one organization.
- If a doctor carries out his work activity in accordance with a reduced duration, certain restrictions are established in relation to him. For example, he is prohibited from attending certain events, especially those for which special sanitary and hygienic requirements are established.
- Strict restrictions also apply to the maximum working hours of medical staff. It should not exceed exactly half of the total daily or monthly norm.
But in many institutions, doctors “rework” all established standards. Typically, the reason for this is:
- small amount of professional responsibilities;
- possession of several types of qualifications at once;
- a shortage of new specialists, which leads to the need to supplement the responsibilities of permanent employees;
- low wages, which forces workers to earn extra money;
- lack of existing regulations to limit the combination of positions.
It is precisely to find out the current state of staffing, as well as to obtain other information, that there is an established scheme for calculating the coefficient.
It should also be remembered that too high a level of part-time work directly indicates the existence of certain problems in the state that must be resolved by taking appropriate measures and effective solutions.
A high degree of workload is always dangerous, and especially in such an important area as the provision of medical services. Doctors are regularly responsible for the life and health of their own patients.
How are wages paid when working part-time?
- Part-time work must be permanent;
- All necessary conditions for performing work duties must correspond to normal conditions for persons working full time;
- Combination is also permissible within the same organization (internal);
- An employee of a medical institution does not have the right to combine his work with another if he is limited by the sanitary and hygienic requirements of the organization;
- Time restrictions for part-time doctors: a medical employee cannot exceed employment in another place by more than 0.5 hours at the main place of work.
How to calculate the coefficient of part-time doctors?
To determine the coefficient of part-time work for doctors, it is necessary to divide the number of occupied positions in a medical institution by the number of actually working medical staff for these positions.