The wording of the salary in the employment contract of a part-time worker or an employee hired on a part-time basis (for example, at 0.5 times the rate) still causes serious controversy among personnel officers, lawyers, and accountants. Moreover, in fairness, I note that each side is right in its own way. Neither the labor inspectorate nor the courts can put an end to this peculiar dispute. In today’s material I will try to consider this issue in more detail from all sides.
Features of part-time work
According to Art. 60.1 of the Labor Code of the Russian Federation, part-time work can be arranged both with another employer (external) and in the same organization (internal). However, in any case, the peculiarity of part-time work is that it is performed in free time from the main job.
As a rule, the main employment takes 8 hours. Therefore, any additional work becomes a serious burden for the employee. In order to preserve his health and provide the opportunity to recuperate, the Labor Code of the Russian Federation in Article 284 limits the permissible daily duration of part-time work:
- no more than 4 hours as a general rule;
- full working day, if the employee is free from main job duties on that day;
- no more than half of the monthly standard working time during one month (or half of the established time for another accounting period).
Thus, the load for a part-time worker should be no more than half of the load that would be established if the employee worked all day.
Features of remuneration
Working for half of the established duration suggests that a part-time worker should also be paid in the amount of half of the payments to a similar main employee. However, this is not always the case.
According to Art. 285 of the Labor Code of the Russian Federation, remuneration for part-time workers can be made in different ways:
- in proportion to the time worked. This is the most common case in which a part-time worker usually receives half the salary of the main employee,
- depending on production. This method is used for piecework work. The salary of a part-time worker is limited only by his results.
The employment contract may also provide for other payment criteria. In particular, if a time-based employee is given standardized tasks, payment will be made for the results achieved (i.e., the amount of work completed).
Expert opinion
Labor Lawyer Olga Smirnova
With any method of remuneration for a part-time worker, all regional coefficients and wage allowances are retained (in particular, for work in the regions of the Far North and equivalent areas).
These payment rules apply both for external part-time work and for internal part-time work within the same organization.
Remuneration of a part-time worker in the amount of full salary
Is it possible to pay a part-time worker the full salary?
Article 285 of the Labor Code of the Russian Federation states that remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract.
In this regard, we can distinguish 3 types of remuneration for part-time workers, which the law provides for: 1. Proportional to the time worked. 2. Depending on output.
3. Under the conditions specified in the employment contract.
Is it possible for a part-time worker to be paid the same amount as for employees for whom this position is their main job? There are two opposing points of view on this issue.
TWO OPINIONS
First point of view.
