Duration of annual leave for part-time work

Duration of vacation

The Labor Code defends the interests of an employee working part-time: those who work less still have the right to a vacation of 28 calendar days.
These norms are enshrined in articles 18, 93, 115 of the Labor Code of the Russian Federation. Thus, when calculating vacation for a part-time worker, the same approach is used as for regular employees. The vacation period for a part-time employee consists of all actual time worked and days off. For example, an employee works on Mondays, Wednesdays and Fridays, and his days off are Tuesday, Thursday, Saturday and Sunday, respectively. When calculating vacation time, it is necessary to take into account all days: both working days and weekends.

If the situation regarding the main vacation is clear, then additional days of vacation require clarification. Let's consider a situation where working conditions are recognized as harmful or dangerous. In this case, the employee is entitled to additional vacation days. But to receive them, it is required that the employee work in a hazardous area for at least half of the working day.

Vacation and calculation of vacation time for part-time work

Let us dwell in more detail on the issue of calculating the so-called vacation experience, which must be worked out in order to receive vacation. The legislator does not introduce any special rules for calculating length of service for workers for whom a part-time work regime has been introduced, so you need to focus on the provisions of Art. 121 Labor Code of the Russian Federation. According to this norm, the length of leave includes any time of work and rest, with the exception of time away from work for unexcused reasons and time spent on parental leave.

Let's look at an example. A citizen works 2 days a week - accordingly, the following days will be included in the length of service:

Monday and Wednesday - as working hours;
Tuesday, Thursday, Friday, Saturday, Sunday - like days off.

IMPORTANT! The only exception is when it comes to additional leave granted for work in harmful or dangerous conditions. In this case, the length of service giving the right to leave should include only the days actually worked under such conditions.

Calculation of vacation pay when working part-time

The Labor Code guarantees an annual 28-day vacation to an employee, regardless of his work schedule. However, the amount of time worked ultimately affects the calculation of vacation pay.

Vacation pay is calculated based on the employee's average earnings. And when working part-time, the salary is naturally less than that of someone who works full time.

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How to calculate vacation pay for a part-time worker:

The period for calculating vacation pay is determined. Either this is a fully worked year, or at least 6 months worked, after which you can already take a vacation.
The number of days actually worked in each month is calculated.
Based on the number of days, the average daily earnings are calculated. If an employee has worked the entire year in full, then the average earnings can be calculated using the formula: the sum of all payments minus vacation pay, financial assistance, benefits, and travel allowances already received is divided by 12 and then divided by 29.3 (the average number of days in a month).
The resulting figure of average earnings is multiplied by the number of vacation days.

Vacation pay calculation

If an employee, unlike other employees, works part-time, this does not mean that he has not worked the entire pay period.
And if he did not have sick leave, vacations, or other periods excluded from the payroll, then it means that he worked the payout period in full <7>. It happens that in some month of the billing period, an employee with part-time work only has weekends during the counting period. They must be included in the calculation <8>. Of course, this will increase the number of calendar days per pay period into which the employee’s earnings are divided, which will slightly reduce the amount of vacation pay.

Also, due to the fact that the employee works part-time and therefore has more days off, there is no need to reduce the average monthly number of calendar days 29.3 <9> in proportion to the increase in the number of days off for full months of the billing period.

Thus, the average daily earnings for calculating vacation pay for a part-time employee must be calculated in the same way as for other employees <9>.

Let's look at this with a specific example.

Example. Calculation of vacation pay if the employee is assigned part-time work

Conclusion and memo on applying for vacation for a part-time worker

If an employee works part-time, this does not limit his labor rights in any way: the right to basic leave once a year, the right to calculate seniority, and others.

The duration of vacation during the year is the same as for full-time workers - at least 28 days.

Additional vacation days for workers with harmful or dangerous working conditions are accrued only for the time actually worked.

Vacation pay is calculated in the usual way, and the amount of vacation pay will naturally be lower than for full-time employees.

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During the period of maternity leave you can work and receive benefits

The Labor Code grants a woman who is on maternity leave until the child reaches the age of 1.5 years the right to work part-time or at home (Article 256 of the Labor Code).
At the same time, as follows from Article 256 of the Labor Code, the employee retains the right to receive child care benefits.

Billing period

Used to calculate vacation pay. This is 12 calendar months preceding the one in which the worker will rest. Or 12 preceding the calculation interval, if there was no earnings in it.

If the employee has not worked for a year, the time taken from the day of reception until the last day of the month preceding the one in which the employee intends to rest.

Example

Milling operator, Zimin E.A., got hired on 02/14/2017. From May 21, 2018, he goes on vacation for 28 days. For the calculation, the period from 02/14/2017 to 04/30/2018 is taken.

The intervals when the worker actually performed labor duties are taken into account. Weekends and holidays within such periods are also taken into account.

Defined by:

Drasch. = Mtotal*29.3 + 29.3: Dcalend*Drab.

Where:

Mfull. – number of full months;

Dcalend. – number of calendar days of the month;

Dpris. – the number of calendar days during the period of performance of labor duties, including weekends and holidays.

Silantiev I.V., rested for 28 days from 06/04/2018. From June 2021 to May 2018, 610,704 rubles were accrued. In the absence of gaps requiring exclusion, the average daily earnings will be: 610704:12:29.3 = 1736.93 rubles. The payment amount will be: 1736.93*12 = 20843.14 rubles.

Example

Dementyeva A.Yu., hired several years ago, works 4 hours a day. From March 19, 2018, she is going to rest for 28 days. From March 2017 to February 2021, she was accrued 365,150.4 rubles, of which 31,256 were vacation pay.

Determine full months.

There are 10 of them. Billing period: from 03/01/2017 to 02/28/2018.

August, September Dementyeva A.Yu. worked part-time: from August 7, 2017 to September 3, 2021, the employee took rest at the employer’s expense.

We determine the estimated number of calendar days in August and September.

In August:

29.3:31*6 = 5.7 days.

In September:

29.3:30*27 = 26.4 days.

Determine the total number of days.

10*29.3+5.7+26.4 = 325.1 days.

We calculate vacation pay.

(365150.4-31256):325.1*28 = 28757.44 rub.

Part-time: vacation

Every year, part-time employees are granted leave according to generally established rules:

The duration of leave for part-time work is not limited by virtue of Art. 93 of the Labor Code of the Russian Federation: employees have the right to rest from work 28 days a year;
calendar days of vacation do not include non-working holidays (Article 120 of the Labor Code of the Russian Federation);
Employees go on vacation in accordance with the priority - a vacation schedule approved for the calendar year no later than 2 weeks before its start (Article 123 of the Labor Code of the Russian Federation).

How can a woman on maternity leave work?

According to the Labor Code, a worker while on maternity leave can work part-time and can also work remotely (see Part 2 of Article 93, Part 3 of Article 256 of the Labor Code of the Russian Federation).

The Ministry of Labor in its commentary letter notes that the employer does not have the right to refuse to provide part-time work while on parental leave.

Officials considered the following situation: the employee, by agreement with the new employer, took out maternity leave for up to one and a half years from the day she returned to work (November 16). The next day she changed her mind and applied for a part-time job. Does an employee have the right to employment, maternity leave and part-time work in such a short period of time (one day)?

Answer: yes, it does. The employer has no right to refuse employment.

It should be noted that the work schedule during maternity leave is established by mutual agreement of the employee and the employer. For partial time, this may be a partial day or a partial week.

To work on maternity leave you need:

application from a maternity leaver to work part-time or from home;

additional agreement to the employment contract on changing certain conditions - working hours or place of work (location).

Partial irregular working hours

If a person has an irregular working day, then he can only be given such a part-time option as a part-time week with a full working day. This must be stated in the employment contract or in an additional agreement to it.

As a result, it may turn out that, even if he stays late at work on his working days, in general, at the end of the month, a person will work no longer than his colleagues with a regular schedule.

Example 2. An accountant at Vector LLC works three days a week for 8 hours. In October, he worked 13 days, and was delayed at work three times by four hours due to irregular working hours. If there are 22 working days in October, then the normal working time is 176 hours (40 hours / 5 x 22 days), while the accountant, even taking into account delays, worked only 116 hours in October (8 hours x 13 days + 4 hours x 3 days).

In this regard, the question arises: is it legal to provide additional days of vacation if a person with incomplete irregular hours, even taking into account delays, worked no more in a month than would be the case with a normal 40-hour work week - 8 hours five days a week? According to the Russian Ministry of Labor, this is legal.

Normal working hours

Article 91 of the Labor Code of the Russian Federation establishes that the normal working hours cannot exceed 40 hours per week. Moreover, in accordance with the Procedure for calculating working hours from the order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n, the duration of daily work is:

with a 40-hour work week - 8 hours;
for a working week of less than 40 hours - the number of hours obtained by dividing its actual duration by five days.