Question to the auditor

The organization has internal and external part-time workers. Internal part-time workers are accepted for the main position at 0.5 times the rate and for part-time positions at 0.5 times the rate. External part-time workers at the main place of work are accepted on a full-time basis, and part-time workers - at 0.5 times the rate. Are internal and external part-time workers entitled to an additional payment up to the minimum wage?

Part-time workers have the right to all guarantees and compensation provided for by the Labor Code of the Russian Federation (Article 287 of the Labor Code of the Russian Federation). Accordingly, their wages (provided that the standard working time is fully worked out) should also not be lower than the minimum wage.

According to Art. 285 of the Labor Code of the Russian Federation, remuneration for part-time workers is made in proportion to the time worked. Based on this, remuneration for part-time work cannot be lower than the minimum wage, calculated in proportion to the time worked.

To find out whether this rule is followed, you need to check:

• in relation to external part-time workers - does the part-time worker’s monthly salary for the hours worked correspond to the minimum wage, adjusted to take into account the length of working hours;
• in relation to internal part-time workers - whether the minimum wage corresponds to the monthly wage under the employment contract for the main position, as well as under the part-time employment contract.

For such a comparison, remuneration for the main position is not summed up with remuneration for part-time work.

If the amount of accrued payments does not reach the minimum wage (or the minimum wage adjusted to take into account the length of working hours), it is necessary to make an additional payment in the appropriate amount.

Therefore, if an employee works externally (for example, at 0.5 rate) and he has fully worked the working hours stipulated by the contract, his salary for this month must be at least ½ the minimum wage.

If an employee in the same organization is employed full-time in his main position, and as an internal part-time worker at 0.5 times the rate, then (subject to working hours) his salary should be:

• not less than the minimum wage for the main position;
• not less than ½ minimum wage for part-time work.

What is the minimum wage and when is the additional payment made to this level in 2019?

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First of all, employers who make minimum payments to their employees, as well as companies in which employees work part-time, should understand this.

Everyone wants to save money, including on employee benefits. But in order to protect citizens who fulfill labor obligations, there is a law according to which it is not allowed to pay less than a certain amount. This refers to the minimum wage, the indicators of which cannot be ignored.

What do you need to know?

To consider this issue, it is worth finding out what the minimum wage is and what are the features of its use.

Basic Concepts

Minimum wage is the minimum wage. This is the minimum wage established by law for an employee who has worked for the entire month.

The employer has no right to pay its staff below this limit. The minimum wage is also used when calculating the amount of tax, fees and fines.

In 2019, the minimum wage is 5,965 rubles, which is 411 rubles more than last year. Such indicators are reviewed every year, and the amount of the minimum payment increases accordingly.

The size is determined taking into account inflation, tariff indexation, as well as the government’s desire to increase the level of security for citizens of the Russian Federation.

Subjects retain the right to regulate the amount of the minimum wage, but it is not allowed to set an amount that will be lower than that approved at the federal level.

The company has the right to disagree with local indicators by submitting a written statement. Then such a company will not face a fine. The impossibility of calculating wages below the minimum wage is stated in.

Compliance with legislation will be monitored by:

• representatives of the Federal Tax Service;
• employees of the Social Insurance Fund;
• prosecutors;
• structures that inspect labor activities.

The essence of remuneration

Remuneration is based on the cost of labor. This is the monetary expression of the share of the work of the enterprise's employees in public products that is received for personal use.

The amount of remuneration will depend on what labor contribution is made and what its quality is. Payment of labor – transfer of funds for hire.

This is the production consumption of material resources and services, and for this reason it is written off as the cost of goods.

Salary is a form of distribution for labor, a monetary expression of the share of the product that goes to personal use according to the quantity and quality of labor expended in the production process.

It plays a big role in increasing the efficiency of staff. Organizations often use incentive payments, compensation, etc.

Firms retain the right to independently approve payment systems. Moreover, the maximum wage is not established by law.

Normative base

How is the additional payment to the minimum wage carried out in 2019?

There is a provision according to which it is not allowed to pay a person less than the minimum wage. The calculations take into account salary and other payments in the aggregate.

• allowance;
• encouragement;
• bonus;
• additional charge of a different nature.

But the minimum wage amount cannot include:

• funds in the form of material assistance;
• other one-time payments that do not relate to the citizen’s work activity.

When is additional payment up to the minimum wage required? Legislative documents contain references to the fact that the salary may be lower than the minimum wage, but then the difference should be compensated for through other transfers.

In the event that, when combined with other means, earnings still do not reach the minimum wage, the employee draws up an additional item for additional payment up to the established limit.

If such rules are violated, the company will be liable in the form of:

• a fine of 30-50 thousand rubles;
• deprivation of the right to hold certain positions for 3 months;
• in case of repeated violation - a ban on carrying out activities for 3 years.

The management will have to pay 3-5 thousand rubles. What if the employee did not work the whole month (took vacation, etc.)? In this case, the salary may be less than the minimum wage.

But there must also be a clause that for a certain time a person will receive payments that are equal to or exceed the accepted standards.

The official must issue an order for additional payment up to the minimum wage in cases where the amount of earnings is less than the minimum wage.

Such a document is generated once and for the entire organization. That is, it does not need to be issued to an individual person.

There is no need to draw up a separate document justifying additional charges to the minimum wage. An order on the minimum level of earnings in the organization is also suitable.

It’s just worth including a clause that will oblige the accountant to accrue certain amounts to people who receive a salary that is less than the established minimum wage.

Calculation of accrual increases in payments for all employees must be signed and attached to the payroll period. Such documents may be requested by regulatory authorities.

How to calculate surcharges? It is necessary to subtract the accrued amounts to the employee from the minimum wage. The result of this calculation is the amount of additional payment up to the minimum wage.

Additional payments for part-time workers should be calculated in the same way as for employees who work full-time in the company, but the coefficient must be taken into account.

To do this you need to use the following formula:
This way you will determine the amount of additional payment to the employee. If the amount turns out to be negative, then there is no need for additional charges.

Please note that this calculation can be used for the profits of external and internal part-time workers. In 2019, an additional payment to the minimum wage is provided for the Pension Fund.

If a pensioner receives a pension that does not reach the minimum wage, it will be necessary to submit an application to the authorized body, which must carry out calculations of the amount to be paid to the person.

When calculating the total amount of material support for non-working pensioners, all transfer amounts established by federal and regional legislation will be taken into account.

If a pensioner has previously received a social supplement, then there is no need to submit an application to the Pension Fund. Representatives of the authorized body will recalculate the amount independently, taking into account changes that are relevant in the current year.

Internal part-time worker

It is beneficial for a company to use an internal part-time worker for work when there is no need for full-time employment. This is an opportunity not to hire an outsider, train him, trust him with responsible work, etc.

Many directors are convinced that there is no need to pay extra to an internal part-time worker if his total salary exceeds the minimum wage. This is not an informed judgment.

Additional payments to such employees are made for each workplace separately, even in situations where a person works at one and a half times the rate and receives an income greater than the minimum wage.

Otherwise:

• unjustified salary reduction;
• underestimation of the tax amount for an employee.

If the additional payment to the minimum wage is incorrectly calculated, the company may be held accountable by the court and regulatory authorities. Let's look at the example of calculating additional payments to the minimum wage in 2019 for guards.

The watchman works full time and earns 3.5 thousand rubles. An additional payment of 20% is also accrued for night work (700 rubles), a bonus of 10% (350 rubles).

A citizen signed up for a part-time job as a cleaner, for which he receives 2.5 thousand. The salary of a security guard is:
Let's calculate the amount of additional payment up to the minimum wage:
Next, we will calculate the surcharge for the cleaner (using a coefficient of 0.5):

Additional payment for a guard - 1415, for a cleaner - 482.5. If the calculations took into account the total income of a person, then there would be no additional payment, since it exceeds the established minimum wage.

For external part-time worker

An employee of one company has the right to work additionally after working hours or on weekends. In such cases, it will be formalized at another place of work.

This will be the external part-time worker who signs with the employer. Information about external part-time work will be entered into the work book at the request of the employee.

At an enterprise where a person works part-time, a personnel number is created and assigned.

When calculating the amount of remuneration, you will need to take into account bonuses and coefficients that are used when calculating payments to main employees. The earnings of such a part-time worker also cannot be lower than the minimum wage.

Therefore, legislative acts provide for additional payments if the level of earnings has not reached the established minimum level.

Video: when will the minimum wage be raised?

For example, if part-time workers only work half a week, then their salaries cannot be lower than the minimum wage.

An external part-time worker cannot receive a full-time salary, since this will be full-time employment, which must be confirmed by official registration.

Management can show their initiative and pay full wages if the employee has special skills and qualifications. Such a decision of the administration must be reflected in the employment contract.

Display in 1C

To list the additional payment up to the minimum wage, it is worth taking into account the time worked. In the case where the base is greater than the payment, the additional payment will be 0.

How this is reflected in the program:

• go to the “Additional payment calculation” menu;
• select the item to configure the calculation of the level of earnings;
• click “Basic deductions”;
• dependent accruals, 2nd level. Calculations are arbitrary;
• then the following formula is introduced: Max(0, Minimum Wage/NormalTimeInHours*Min(NormalTimeInHours, TimeInHours) - CalculationBase);

• To list the allowance, you must reflect the minimum wage by selecting the following indicators:

• it is necessary to monitor whether the minimum wage is up to date. It can be reflected in the “Earnings Calculation” menu – “Indicators for calculation...”;
• write down the time:

• indicate the following data on the use tab: does not apply to benefits, vacations, is not reflected in the SSA;
• bookmark for accounting: according to information about the employee and his accruals according to the plan, for income tax - taken into account in labor costs ();
• bookmark for taxes and contributions: subject to personal income tax, select code 2000, subject to insurance payments;

• On the last tab you should select salary and additional payment, since the sum of such indicators will be taken into account when calculating. It is necessary to reflect the amounts received by a person while on vacation, while on sick leave, etc.;

If an employee works externally and has not worked a full month, is it necessary to pay extra up to the minimum wage? How to set the salary correctly?

Question: If an employee works externally and has not worked a full month, is it necessary to pay extra up to the minimum wage?

Answer: In this case, there is no need to pay extra up to the minimum wage.

Part-time workers do not work out a monthly quota, so they are paid only a portion of the salary established in the employment contract per month. This part is determined in proportion to the time worked or depending on the amount of work performed. This is stated in Part 3 of Article 93 of the Labor Code and explained in.

Rationale

How to set your salary

Salaries of part-time and part-time employees

Minor employees also receive wages in proportion to the time worked, although the employer can, on its own initiative, establish additional payments for them (). Thus, minor employees working under reduced working hours can be paid a salary below the minimum wage. There is a similar conclusion in the letter of the Federal Tax Service dated August 31, 2010 No. ШС-37-3/10304 (prepared on the basis of official explanations from Rostrud sent to the tax service).

The Alpha organization employs a 17-year-old employee who combines work and study. The salary for this employee’s position with a full work week (40 hours per week) is equal to the minimum wage, that is, 11,163 rubles. A 17-year-old employee combining work and study can work a maximum of 17.5 hours per week. And his work is paid in proportion to the time worked. That is, the production rate is 43.75 percent (17.5 hours: 40 hours? 100%). Accordingly, the salary should be less by 56.25 percent (100 - 43.75). Therefore, Alpha pays him a salary of 4,883.81 rubles. (RUB 11,163 ? 43.75%).

Situation: How to reflect in an employment contract the salary of an employee who will work part-time

In the employment contract, reflect the salary in full.

The official salary should be understood as a fixed amount of remuneration for an employee for a calendar month. Compensation, incentives and social payments are not included in the salary. An employee receives a full salary if he fulfills all his job duties of a certain complexity in a month. This means that the employment contract should indicate the salary in the amount that is paid to the employee, provided that he has worked his entire working time (Article , Labor Code).

Part-time employees do not work out a monthly quota, so they are paid only a portion of the salary established in the employment contract for the month. This part is determined in proportion to the time worked or depending on the amount of work performed. This is stated in Part 3 of Article 93 of the Labor Code and explained in the letter of Rostrud dated 06/08/2007 No. 1619-6.

Thus, for an employee working part-time, the salary is set in full, it is fixed in the employment contract, and is paid partially based on actual work. In an employment contract, the condition on the procedure for remunerating an employee can be stated as follows: “The employee is given a salary of 30,000 rubles per month. Wages are calculated in proportion to the time worked.”

Situation: Is it possible to set a salary for an internal part-time worker in the amount of more than 50 percent of the salary of the main employee

Yes, you can.

The Labor Code does not prohibit this. It only says that the employer must pay the part-time worker in proportion to the time worked, output or on other conditions determined by the employment contract (Part 1 of Article 285 of the Labor Code). Arbitration practice confirms: an organization has the right to pay for the work of a part-time worker on any other terms specified in the employee’s contract (see, for example, resolution of the Federal Antimonopoly Service of the Central District dated June 5, 2008 No. A23-2468/07A-18-134).

Situation: how to correctly set the salary of an internal part-time worker (earnings at the main place of work and part-time work) in order to comply with the minimum wage requirement

Set the salary for the main place of work and part-time work separately.

The salary at the main place of work must be strictly no less than

Two minimum wage indicators.
- Important differences between part-time and combination.
- How to calculate the additional payment up to the minimum wage when combining and part-time work.

There is a rule in the Labor Code - if an employee has worked for a full month, his salary must be no less than the minimum wage (Part 3 of Article 133 of the Labor Code of the Russian Federation). If the salary is below the minimum wage, you need to assign an additional payment up to the minimum wage (Decision of the Supreme Court of the Russian Federation dated July 23, 2010 N 75-B10-2). For part-time workers, this rule is applied in a special manner.

What is the minimum wage to compare with?

When making payments to employees, accountants use two minimum wage indicators - federal and regional.
Regional minimum wages are established in a regional agreement. Employers are required to comply with its terms unless they refuse to join it in writing within 30 days.
Thus, if your region has its own minimum wage (regional), the employee’s salary must be compared with it (Part 11, Article 133.1 of the Labor Code of the Russian Federation). For example, in Moscow the minimum wage from June 1, 2015 is 16,500 rubles. (Additional agreement of the Moscow Government, Moscow trade union associations and Moscow employers' associations dated May 26, 2015 N 77-783-1).
The federal minimum wage is applied if a regional minimum wage is not established. From January 1, 2015, the federal minimum wage is 5,965 rubles. (Article 1 of Federal Law dated December 1, 2014 N 408-FZ).
Further in the article, for simplicity of presentation, we will use the federal minimum wage.

What value should be compared with the minimum wage?

You need to compare with the minimum wage the salary that is established for the employee by the employment contract for fulfilling the monthly work norm.
The salary consists of three parts (Part 1 of Article 129 of the Labor Code of the Russian Federation):
- from a fixed amount of remuneration. This could be a salary, a tariff rate;
- compensation payments for work in conditions deviating from normal. These include, for example, an additional payment for combining;
- incentive payments (for example, bonuses).
Now let’s figure out whether it is necessary to assign an additional payment up to the minimum wage when combining and part-time work. These are different types of registration of additional work.

Should I assign an additional payment up to the minimum wage when combining

Combination - additional paid work in another position (profession). The employee performs it during his working day (shift) along with his main work (Part 1 of Article 60.2 of the Labor Code of the Russian Federation).

Note. If an employee combines two identical positions (professions), this is considered an increase in the amount of work

A separate employment contract is not required for combination

A separate employment contract is not concluded for performing combined work.

Note. It is impossible to arrange a combination for an employee of another company.

If the employee agrees to the combination, an additional agreement to the main employment contract is drawn up (Part 1, Article 60.2 of the Labor Code of the Russian Federation).
In the additional agreement to the employment contract, in particular, the amount of additional payment for combination work is indicated (Part 3 of Article 60.2 and Part 2 of Article 151 of the Labor Code of the Russian Federation).
The size can be specified:
- as a percentage of the salary for the combined profession (position);
- percentage of salary for the employee’s main position;
- in the form of a fixed value;
- in another form by agreement of the parties.
The employer does not keep track of working hours for part-time work and does not reflect it on the working time sheet.

Additional payment for combination - part of salaryaccording to the main employment contract

An additional payment for combined work is a compensation payment for performing work under conditions deviating from normal conditions (Article 149 of the Labor Code of the Russian Federation). It is included in the salary for the main position (Part 1 of Article 129 of the Labor Code of the Russian Federation).
When combining, they pay not two salaries, but only one. It is this (taking into account the additional payment for combination) that is compared with the minimum wage.
Separately, the additional payment for combining with the minimum wage is not compared.

Example 1. We compare the salary with the minimum wage, taking into account the additional payment for combination
Since June N.G. Dyatlova combines the work of a cleaner with her main profession (she performs the duties of the combined position during her working hours).
Salary for the main position - 4000 rubles. per month.
Additional payment for part-time work - 30% of the salary for the main position (1200 rubles).
Is it necessary to make an additional payment to the minimum wage in June if this month she has fully worked her monthly working hours?
Solution. Let's calculate the total amount of the employee's salary for June. It is equal to 5200 rubles. (4000 rub. + 1200 rub.). Let's compare it with the minimum wage. The salary is 765 rubles less than the minimum wage. (5965 rub. - 5200 rub.). This amount must be added to the employee.

The employee did not work for part of the month

If an employee has worked for an incomplete month in his main position, then the additional payment is calculated in proportion to the time worked in his main position.
The total salary may be less than the minimum wage even in the month that the employee did not fully work. After all, it is calculated in proportion to the time worked. In this case, how can we determine whether an additional payment to the minimum wage is needed and calculate its amount?
In such a situation, you need to avoid comparison with the full amount of the minimum wage. It is necessary to calculate the part of the minimum wage attributable to the time worked in the month. And only then make a comparison with the actual accrued salary.

Example 2. Additional payment up to the minimum wage for a month not fully worked
G.L. Kotova combines two positions in the company. Salary for the main position - 4500 rubles. Additional payment for part-time work - 20% of the salary (900 rubles).
The combination was registered on June 15, 2015. In June, the employee was on sick leave for five days from June 22 to June 26. How much should she pay for June?
Solution. Let's determine the salary for the main position. There are 21 working days in June. Of these, 16 working days were worked. For June, the employee was credited 3,428.57 rubles. (RUB 4,500: 21 work days x 16 work days).
The amount of additional payment for combining positions is 300 rubles. , where 9 work. days - the number of days from June 1 to June 14 when there was no combination.
For days worked GL. Kotova will be credited with 3,728.57 rubles. (RUB 3,428.57 + RUB 300).
The portion of the minimum wage per 16 days worked will be 4,544.76 rubles. (RUB 5,965: 21 work days x 16 work days).
Let's compare: RUB 3,728.57.< 4544,76 руб. Доплата необходима. Ее размер - 816,19 руб. (4544,76 руб. - 3728,57 руб.).

Part-time work is the performance by an employee of other regular work in his free time from his main job. A separate employment contract must be concluded with part-time workers (Part 1 of Article 282 of the Labor Code of the Russian Federation).
Internal part-time workers perform additional work at their own enterprise, and external part-time workers do additional work at another.
The employer is required to keep records of the part-time worker's working hours. The working time of an internal part-time worker will be reflected in the timesheet on two lines (to do this, assign two personnel numbers to the internal part-time worker - one for the main position, one for a part-time position).
The daily duration of work of a part-time worker cannot exceed four hours a day (Part 1 of Article 284 of the Labor Code of the Russian Federation).

Part-time worker has two separate salaries

Wages are paid to the employee on the basis of an employment contract concluded with him (Part 1, Article 56 of the Labor Code of the Russian Federation).
A part-time worker has at least two employment contracts (Part 1 of Article 282 of the Labor Code of the Russian Federation), which means two salaries. Each employment contract is subject to a separate salary.
The work of a part-time worker is paid in proportion to the time worked, depending on output or on other conditions determined by the employment contract (Part 1 of Article 285 of the Labor Code of the Russian Federation).
The amount of payment for part-time work is in no way tied to the amount of payment for the main job.

Comparison with the minimum wage of two part-time salaries

If the question arises about the need for additional payment to the minimum wage, comparison with the minimum wage is made twice. The accruals for the main job and those for part-time jobs are compared separately.
Basic salary and minimum wage. You need to compare the salary amount under the main employment contract with the minimum wage. In this case, part-time salaries are not taken into account.
Part-time salary and minimum wage. The law does not stipulate that part-time wages should not be lower than the minimum wage. But part-time workers are subject to general labor guarantees for employees, including the ratio of actual earnings to the minimum wage. Please note: here we mean earnings accrued for part-time work without adding them to the salary at the main place of work.
As a rule, part-time workers do not work the monthly working hours. Therefore, comparison must be made with part of the minimum wage, calculated in proportion to the actual time worked.

Example 3. Additional payment up to the minimum wage for an internal part-time worker
Salary of courier E.L. Volodina - 5000 rubles. She is also entitled to an additional payment for urgency in the amount of 700 rubles. for a fully worked month. June E.L. Volodina worked fully as a courier.
Since June 8, 2015 E.L. Volodina got an internal part-time job at 0.5 times the rate for the position of a cleaner.
In the staffing table, the salary for this profession is set at 4,200 rubles.
In addition, the cleaner is awarded a monthly bonus of 10% of the actual salary based on the time worked.
How much salary should be paid to the employee for June?
Solution. In his main position, E.L. Volodina will receive only 5965 rubles, including:
- 5000 rub. - according to salary;
- 700 rub. - surcharge for urgency;
- 265 rub. (5965 rubles - 5000 rubles - 700 rubles) - additional payment up to the minimum wage.
The part-time worker worked 16 hours. days. She received the following payments:
- 1600 rub. (RUB 4,200 x 0.5: 21 working days x 16 working days);
- 160 rub. (RUB 1600 x 10%) - monthly bonus;
- 512.38 rub. (5965 rubles x 0.5: 21 work days x 16 work days - 1600 rubles - 160 rubles) - additional payment up to the minimum wage.
The total salary for a part-time job will be 2272.38 rubles. (1600 rub. + 160 rub. + 512.38 rub.). This amount corresponds to part of the minimum wage for 16 working days in June 2015.

A permanent surcharge (the procedure for its calculation) can be established in the company’s local regulations. In this case, there is no need to draw up orders for each case - additional payments will become an element of the remuneration system.

If you don’t pay an additional payment up to the minimum wage

An employee whose salary was less than the minimum wage has the right:
- for the amount of additional payment up to the minimum wage;
- compensation for delayed payment if such additional payment was not assigned (Article 236 of the Labor Code of the Russian Federation).
The amount of monetary compensation will not be lower than 1/300 of the refinancing rate of the amounts that were not paid on time for each day of delay.
The amount of compensation is calculated based on the amount of additional payment due for handout.

Example 4. Compensation for delay in payment of additional payment up to the minimum wage
Salary for May 2015 of industrial premises cleaner O.L. Vasilyeva was accrued in the amount of 4816 rubles. She is entitled to an additional payment up to the minimum wage in the amount of 1149 rubles. (5965 rubles - 4816 rubles).
The salary was issued on time. The company transferred the additional payment 30 calendar days from the date of payment of the salary.
The employee has no children. She does not have the right to tax deductions for personal income tax.
In what amount O.L. Does Vasilyeva need to pay monetary compensation?
Solution. The refinancing rate of the Bank of Russia on the date of accrual of compensation is 8.25% (Instruction of the Bank of Russia dated September 13, 2012 N 2873-U).
The amount of additional payment minus personal income tax is 1000 rubles. (RUB 1,149 - RUB 1,149 x 13%).
The amount of monetary compensation for 30 days of delay in issuing additional payment to the minimum wage will be 8.25 rubles. (RUB 1000 x 8.25%: 300 x 30 calendar days).

Do part-time workers need to pay extra up to the minimum wage?

According to Part 3 of Art. 133 of the Labor Code of the Russian Federation, the monthly salary of an employee who has fully worked the standard working hours and fulfilled labor standards (labor duties) cannot be lower than the minimum wage.

Part-time work is the performance by an employee under an employment contract of other regular paid work in his free time from his main job. Moreover, part-time work can be both internal (working in a different position for an employer at the main place of work) and external (working for another employer) (Article 282 of the Labor Code of the Russian Federation).

Part-time workers have the right to all guarantees and compensation provided for by the Labor Code of the Russian Federation (Article 287 of the Labor Code of the Russian Federation). Accordingly, their wages (provided that the standard working time is fully worked out) should also not be lower than the minimum wage.

According to Art. 285 of the Labor Code of the Russian Federation, remuneration for part-time workers is made in proportion to the time worked. Based on this, remuneration for part-time work cannot be lower than the minimum wage, calculated in proportion to the time worked.

To check whether this rule is followed, you need to check:

in relation to external part-time workers - does the part-time worker’s monthly salary for the hours worked correspond to the minimum wage, adjusted to take into account the length of working hours;

in relation to internal part-time workers - does the minimum wage correspond to the minimum wage under the employment contract for the main position, as well as under the part-time employment contract.

For such a comparison, remuneration for the main position is not summed up with remuneration for part-time work.

If the amount of accrued payments does not reach the minimum wage (or the minimum wage adjusted to take into account the length of working hours), it is necessary to make an additional payment in the appropriate amount.

Therefore, if an employee works externally (for example, at 0.5 rate) and he has fully worked the working hours stipulated by the contract, his salary for this month must be at least ½ the minimum wage.

If an employee in the same organization is employed full-time in his main position, and as an internal part-time worker at 0.5 times the rate, then (subject to working hours) his salary should be:

not less than the minimum wage for the main position;

not less than ½ minimum wage for part-time work.

Let us recall that from January 1, 2016, the minimum wage is 6,204 rubles (Article 1 of the Federal Law of June 19, 2000 No. 82-FZ).

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• #1

  I work at school. My main position is secretary. Registered as an internal part-time HR inspector with a salary of 0.5 times the salary (less than the minimum wage). Do I have the right to an additional payment up to the minimum wage as a HR inspector?

• #2

  I also work at a school. My main position is secretary of the educational department. Employed as an internal part-time worker as a labor protection specialist at 0.5 rate. On what grounds are they not paid up to 1/2 the minimum wage for labor protection? Is the school breaking the law?

• #3

  I also work at a school. More precisely - in two music schools. And in both, I combine the positions of teacher and accompanist. At my main place of work I have 0.22 salary as a teacher and 0.79 as an accompanist, for a total of 1.01. And on a part-time basis - 0.83 teacher rates and 0.19 accompanist rates, a total of 1.02. Does this mean that in both places I should receive no less than the minimum wage (teacher’s salary = approximately 7380, and minimum wage 9712)

• #4

  Hello. I work at a music school. I combine the positions of teacher - 30 hours and accompanist - 48 hours. i.e. the total working time is 78 hours. In connection with the transition of our institution from culture to education, the employer proposes to draw up an employment contract on the reverse combination of positions, i.e. accompanist and part-time teacher. What nuances may arise from such a rearrangement? There may be no additional payment until minimum wage or ped payments, incentives or compensation. And won’t such a replacement affect the teaching experience and the number of days of paid leave? Is it worth agreeing to such a replacement?