Is part-time work included in the total length of service?

Working nuances

Part-time work can be internal and external. With internal part-time work, an employee performing certain duties can do additional work for his employer. In this case, an additional employment agreement will be required.

It is not allowed to force an employee to perform part-time work without his consent.
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It is allowed for an employee to hold multiple jobs in the same position. Thus, a teacher at an educational institution can teach one subject and, as a part-time student, give lectures on another subject. Internal part-time work is not a system for receiving one-time tasks, but is associated with the regular performance of professional duties. When registering an internal part-time job, HR employees make an appropriate entry in the work book. In case of external part-time work, the employee himself decides on the need for such an entry.

External part-time work involves performing professional duties for another employer in your free time from your main job.

The number of organizations for external part-time work is not limited.

Part-time work contains the following positive factors for an employee:

receiving additional funds;
increase in pension provision;
the opportunity to learn a new profession.

As a result of improving their qualifications or mastering a related profession, an employee can increase their professional status and count on a more prestigious position. An employee working part-time has the right to all social guarantees that are associated with vacation, sick leave and accounting for length of service. In addition, part-time workers are subject to the following nuances related to the performance of professional duties and internal regulations:

disciplinary violations;
failure to perform one's duties in good faith;
achievements in work.

Warnings for violations of discipline, as a rule, are not entered in the work book, with the exception of the dismissal of an employee under a negative article of the Labor Code. Incentives and gratitude, on the contrary, are always recorded in the employment document.

Despite the fact that the relationship between employer and employee is clearly regulated by articles of the Labor Code and other legislative acts, violations in this area are very common. Therefore, it is very important that such relationships are documented.

How does part-time work affect the size of your pension?

Despite the many opportunities for the employee to realize himself and to receive additional outside help for the employer, there are still a number of risks that cannot be avoided when working part-time.

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If one of the employees gets sick at one of the enterprises and the shift schedule changes or shifts, the worker will not be able to perform the duties of both positions, since his working hours will overlap each other.

As a result, he will have to either take a vacation at his own expense from one of his jobs or give up his part-time job, especially if the circumstances that caused such changes in the schedule are long-lasting. For example, an employee may be at work, but not engage in work duties for the entire set time, but solve his own problems over the phone.

There are many similar cases for both the employee and the employer, but, nevertheless, each of the parties knows that the risk is justified by the benefits that additional employment provides both. In accordance with the norms of the law, a part-time employee is the same full-time employee as the main employee, which provides for the provision of a certain package of documents, and the conclusion of an employment agreement, as well as the issuance of an order, which have their own characteristics.

identification; a document confirming the presence of a certain qualification; in some cases - documents from the main place of employment, a certificate of absence of harmful or dangerous working conditions. As when registering an employee for the main workplace, a part-time worker submits an application for a part-time job.

There is no need to comply with restrictions on daily and monthly (for another accounting period) working hours if the employee at his main place of work: – suspended work due to a delay in payment of wages for more than 15 days (Part 2 of Article 142 of the Labor Code of the Russian Federation); – suspended from work for health reasons with retention of position for a period of up to four months in accordance with Part 2 of Art.

Consequently, only within these limits can labor costs be taken into account 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 financiers, emphasizing that the main thing is that the amount of the part-time worker’s payment should be specified in the employment contract (resolution of the Federal Antimonopoly Service of the North-Western District dated May 2, 2006 No.

in case No. A56-18935/2005)

And explain what you meant when you wrote this: did insurance premiums pay up to 28% tax? What tax or fee are we talking about? I don’t think it’s necessary for me to assure you, but SNILS was received in 1994, and insurance premiums in the amount of 5% were already paid for 1993 in 1994, and taxes, income taxes plus SNILS (insurance number of an individual personal account) is a certain code consisting of numbers.

Me from September 1989 to November. Two questions about calculating pensions 1.

Tell me, can I present it when applying for a pension in 2012? Part-time leave I work at a school and part-time at a preschool education center. At school. Documents for a pension The other day I applied to the pension department for a preferential pension. After viewing. Periods of salary payment to determine the amount of pension My teaching experience was between 1986-2011.

Pension calculation

Insured persons can be foreigners or people temporarily living in the country who have entered into an agreement with an organization in the relevant country for at least 6 months. If all conditions are met, then if something happens, they will receive a pension.

Insurers are institutions, individual legally registered organizations or individual citizens who live within the territory of Russia and pay insurance premiums. Clause 1 of Art. 11 of the Federal Law of December 17.

A decrease in the level of well-being, a constant rise in prices and inflation are forcing citizens of the Russian Federation to seek additional opportunities to increase their financial income. Most often, part-time work is used for this purpose.

Many citizens of the Russian Federation, especially those with extensive work experience and special skills, are ready to additionally perform their professional duties at their main place of work or in another organization to improve their financial situation. This working principle is called part-time work. All production tasks are performed part-time in their free time and without compromising their main activities.

Working nuances

It is not allowed to force an employee to perform part-time work without his consent.

Internal part-time work is not a system for receiving one-time tasks, but is associated with the regular performance of professional duties. When registering an internal part-time job, HR employees make an appropriate entry in the work book.

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In case of external part-time work, the employee himself decides on the need for such an entry.

The number of organizations for external part-time work is not limited.

Part-time work contains the following positive factors for an employee:

receiving additional funds;
increase in pension provision;
the opportunity to learn a new profession.

As a result of improving their qualifications or mastering a related profession, an employee can increase their professional status and count on a more prestigious position.

An employee working part-time has the right to all social guarantees that are associated with vacation, sick leave and accounting for length of service.

In addition, part-time workers are subject to the following nuances related to the performance of professional duties and internal regulations:

disciplinary violations;
failure to perform one's duties in good faith;
achievements in work.

Legislation

Article No. 44 talks about the rules for concluding employment agreements. Article No. 60, in several paragraphs, describes the principles of part-time work in more detail.

Article No. 276 regulates the part-time work of executives, and Article No. 348 describes the principles of part-time work for coaches and athletes.

The legislation spells out all the provisions relating to payments to a person working part-time. This is very important because it is directly related to the insurance period.

When working part-time, the corresponding amounts are deducted from the employee in the Social Insurance Fund, therefore, when applying for sick leave, certain requirements must be met.

They are spelled out in Chapter 1 of Law No. 255 FZ.

When applying for a certificate of incapacity for work, the patient of the medical institution must inform the doctor about all places of work, if there are several of them.

In this case, a sick leave certificate is issued at the main place of work, and for places of work where the patient works part-time, documents with the appropriate marking are presented.

Ticketing

In order to receive all the required payments, the part-time worker must be officially employed under an employment contract. The accrual of funds to internal and external part-time workers has a number of significant differences.

External

The procedure for paying financial resources to an external part-time worker is determined by work activity over several years. Usually the last two years are used for calculation. The following situations may occur:

part-time worker worked in the same organizations as currently;
part-time worker worked at other enterprises;
the work was performed both at the last place of work and in other organizations.

If a part-time worker has worked for more than two years, then he provides as many sick leaves as he has jobs. In this case, monetary compensation is paid by all employers. This provision is regulated by the second part of Article 13 of Law No. 255-FZ.

If the insured person performed his professional duties in several organizations, and during the two years preceding the insured event, worked for other policyholders, then any types of payments are made at one place of work. It is chosen by the employee himself based on financial benefits. This applies not only to payments for sick leave, but also to payments for maternity leave and the period of child care.

In this situation, only one sick leave is issued, but in addition to it, the following documents are submitted:

certificates of all income from each place of work;
a document confirming that no payments were made by other employers.

Legislation

Part-time work is a rather complex area of industrial relations, regulated by the Labor Code of the Russian Federation in its latest edition, adopted on July 19, 2020. Thus, Article No. 282 of the Labor Code of the Russian Federation explains the general provisions of part-time work. Article No. 44 talks about the rules for concluding employment agreements. Article No. 60, in several paragraphs, describes the principles of part-time work in more detail. Article No. 276 regulates the part-time work of executives, and Article No. 348 describes the principles of part-time work for coaches and athletes.

Cases provided for by law

The legislation spells out all the provisions relating to payments to a person working part-time. This is very important because it is directly related to the insurance period. When working part-time, the corresponding amounts are deducted from the employee in the Social Insurance Fund, therefore, when applying for sick leave, certain requirements must be met. They are spelled out in Chapter 1 of Law No. 255 FZ.

When applying for a certificate of incapacity for work, the patient of the medical institution must inform the doctor about all places of work, if there are several of them. In this case, several forms are filled out and provided to the personnel department of each organization. In this case, a sick leave certificate is issued at the main place of work, and for places of work where the patient works part-time, documents with the appropriate marking are presented.

This is important to know: How many minimum years of experience does a woman need for a pension?

How is work experience calculated when working part-time?

How is work experience taken into account? What entry is made in the work book?

Will only the length of service at the main place of work be taken into account?

If only at the main place of work, then how? Will it not only be these two weeks that count, or the full month? vet: According to Part 5 of Art. 66 of the Labor Code of the Russian Federation, at the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

If the employee submits an extract from the order (instruction), then since it is an independent document, its details, and not the details of the order (instruction), should be given in column 4.

We recommend reading: How to draw up a contract when buying a new car

This question has already been answered in some detail.

What is the basis for calculating the insurance period of a part-time employee when assigning temporary disability benefits? Will it be correct if the insurance period of a part-time worker (for sick leave) is calculated only taking into account his part-time work?

Regarding the procedure for calculating the insurance period of a part-time employee when assigning temporary disability benefits, we inform you as follows.

Thus, to calculate the insurance period in the situation under consideration, it is unlawful to take into account only the period of a person’s part-time work. Expert of the Legal Consulting Service GARANT Reviewer of the Legal Consulting Service GARANT The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Ticketing

External

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

part-time worker worked in the same organizations as currently;
part-time worker worked at other enterprises;
the work was performed both at the last place of work and in other organizations.

If a part-time worker has worked for more than two years, then he provides as many sick leaves as he has jobs. In this case, monetary compensation is paid by all employers. This provision is regulated by the second part of Article 13 of Law No. 255-FZ.

In this situation, only one sick leave is issued, but in addition to it, the following documents are submitted:

certificates of all income from each place of work;
a document confirming that no payments were made by other employers.

In the absence of these documents, cash payments may be denied. If there are several sick leaves, payments are made for each of them.

Internal

When calculating monetary compensation to an internal part-time worker, the calculation is made based on the average daily earnings. It is calculated on the basis of all employee income received within two calendar years. Income also includes payment for part-time work. In this case, only one sick leave is issued.

The insurance period for a part-time worker is calculated in accordance with Article 16 of Law No. 255-FZ. Calculation is carried out on a calendar basis. If several periods coincide in time, then only one of such periods is counted towards the length of service. Work experience affects the amount of payments, which are made as follows:

less than 5 years of experience – 60% payment;
experience from 5 to 8 years – payment of 80%;
worked for more than 8 years - 100% payment.

The rules for calculating and confirming insurance experience can be found here.

The main document to confirm work experience is the work book. It must be located at the main place of work, and its certified copy is used for all calculations.

Calculation example

Engineer Ivanov has been working at the company since 2007. For 2020 and 2016, his earnings amounted to 490 and 520 thousand rubles. In addition, he worked part-time for 4 years in another company, where during the specified period he earned 195 and 190 thousand rubles. In July 2017, Ivanov went on sick leave, where he stayed from 10 to 15.

Since Ivanov has not changed jobs either this year or the previous two, he draws up two sick leave certificates, which he submits to the financial service at each place of work. Monetary compensation will be received from each organization.

Compensation at the main place of work.

Features of provision

Maternity leave for women working part-time is calculated on a general basis, and she has the right to receive maternity payments from each employer. Since the workload of additional work may be insignificant, women often take maternity leave at their main place of work, while continuing to work part-time.

We recommend that you read how maternity payments are calculated in this material.

Additional work that is not formalized by an employment contract does not give the right to receive any payments.

The legislative framework

Let us turn to Federal Law No. 400-FZ of December 28, 2013. In Article 3 there is no such concept as the length of service of an external part-time worker. She recommends taking into account the total duration of periods of work. The text does not specify the form of employment. Article 11 states that the main thing is the calculation and payment of insurance premiums for the period of employment.

This is important to know: How many years of continuous service does a woman need to retire?

In accordance with Article 13, this condition applies even to citizens who received remuneration under copyright contracts. If the total amount of deductions for the year is not lower than the minimum established, the author is credited for the full year worked.

If less, then the number of months is determined in proportion to the amounts paid. For example, if you paid 50% of the minimum amount to the Pension Fund, you received six months of external part-time work experience. Thus, there is no reason to doubt: it turns out that part-time work is included in the length of service.

What the law says

Unfortunately, the very concept of external combined experience is simply absent.
Remembering the pension reform, it should be taken into account that at the current moment the main role is played by length of service, namely the job at which insurance contributions were made. The length of service includes the time when a citizen received material funding for completing an author’s order. The main thing is that annual contributions do not fall below the established threshold. Otherwise, the number of months will be taken into account in proportion to the amounts contributed.

Report on the SZV-STAZH form for external part-time workers

Appendix 5 to Resolution of the Board of the Pension Fund No. 507p dated December 6, 2018 explains how to fill out this form. It specifically mentions:

working under an employment contract;
workers under a copyright contract;
executed under a civil law contract.

The last two categories of employees often work less than five days a week and eight hours a day. And this suggests that the time worked part-time is taken into account by the Pension Fund.

From the recommendation on filling out section 3 “Information about the period of work”, we learn that we need to reflect the actual time worked or the share of the rate. From this we can also conclude that the experience of a part-time worker in the self-employed worker is included.

However, there is no clear wording in the legislation. Therefore, personnel officers, when deciding whether to include external part-time workers in SZV-STAZH, usually proceed from the principle “what is not excluded” is included. The main thing is that the relationship with the employee is formalized, and contributions are deducted stably.

Sample form filling

How is the experience of an external part-time worker taken into account?

It is necessary to distinguish between categories of work and insurance experience. Insurance is the time during which insurance contributions to the Pension Fund were paid for a person by his employer or employer under a GPC agreement. It includes some periods that are not related to work activities, for example, the period of caring for a child up to one and a half years.

Labor means the period of work of a person until 2002. It is necessary to assess pension rights at the beginning of 2002. For persons who began their working activity after 2002, the concept of work experience is absent and has no meaning, but in everyday life it is used as a synonym for insurance experience. Calculating the duration of work, including length of service when working part-time, is necessary to assess the pension rights of the worker and the size of his future pension. To receive an insurance pension at the moment, a person must meet three requirements:

reach retirement age;
have the required insurance period in years;
have the required number of individual pension coefficients.

This list of conditions is established by Article 8 of Federal Law No. 400-FZ dated December 28, 2013.

If a person is employed, then every year in which the employer paid insurance premiums for him is automatically included in his insurance biography. If a person has, in addition to his main job, an additional place of work, the question arises: is part-time work included in the length of service. In particular, how should the years during which the employee worked in two places be taken into account, whether the part-time work experience is parallel to the main one, and whether it is permissible to take into account two places at the same time when calculating the insurance biography.

In addition, since the main and additional places are official, for each of them employers pay insurance premiums for the employee. Is it possible for an external part-time worker to receive an increase for length of service to their future old-age pension? The question of how to calculate part-time work experience is also important for employers because every year companies must submit reports to the Pension Fund, which indicate not only the main employees, but also part-time workers.

What is included in the total length of service?

The duration of this period includes all the time during which the employee carried out official activities. The relevant entries must be included in the work book. It is this document that is the main one on which HR department employees make the necessary calculations.

The general period includes the following segments:

work under contract. Its duration is calculated based on the start date of the performance of one’s professional duties and until their end. This is the main time that is taken into account for all categories of workers;
time spent serving in the Russian Armed Forces. This time is included in the total duration, as well as in the preferential length of service when serving in the army or law enforcement agencies;
in some cases, half of the training is credited. This rule applies only to full-time studies at accredited higher education institutions. Correspondence training is not included in the experience. The specified time is taken into account when calculating preferential length of service;
being on maternity leave and maternity leave. According to the law, a woman has the right to be on such leave until the child reaches 3 years of return. Accordingly, the entire specified period is counted as working;
the time elapsed from the moment of dismissal until new employment is counted under certain conditions. If absence from work occurs for 1 – 3 months, then the calculation of time is not interrupted.

Thus, this concept includes not only the time actually worked under the contract, but also some other periods. You need to know this in order to be able to defend your rights.

Is part-time work included in the total length of service?

When working part-time, an employee, in addition to his main place, performs other duties in the same organization or in another. In this case, there is no double calculation of the duration of the working period.

For calculations, the actual days worked are taken, as well as the time spent on sick leave. Thus, part-time work is taken into account in any case. However, double counting does not occur.

By the way, it is written here about whether parental leave for up to 3 years (for retirement) is included in the length of service.

Does studying at a technical school count towards your total work experience?

During the period of study at a secondary specialized educational institution, a person has the right to find a job and begin a professional activity. However, during employment, it will be the performance of the work that will be taken into account, and not the completion of training. Therefore, the duration of study at a college or technical school does not count.

How to find a length of service calculator and where to calculate it using your work book is described in the following article.

Is maternity leave included in seniority?

During maternity leave, the employee has the same rights as during the actual implementation of professional activities. Moreover, at this time the employer is obliged to provide a whole range of guarantees for the employee.

One of them is the inclusion of this vacation in the general working period. In all cases it is included in the specified value.

How to calculate the length of work experience for part-time workers

Speaking about how part-time work experience is considered, we note that, in accordance with Article 11 of Federal Law No. 400-FZ, periods of working activity are included in insurance experience. There is no differentiation between main work and additional work.

The main feature of the period that is counted in the insurance biography is that during it insurance premiums were paid for the worker. Part-time work experience is included in the length of service, because additional work presupposes official employment and the conclusion of an employment contract and entails the employer’s obligation to pay contributions.

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Thus, part-time work is included in the length of service and is important when assessing pension rights. In addition to deciding whether part-time work is included in the length of service, it is important to remember the insurance premiums paid for the part-time worker. Payment of insurance premiums affects how part-time work experience is taken into account: if payment is received from the employer, the current month is counted in the citizen’s work history. If you didn’t enter, they didn’t count. The total amount of contributions paid is important for calculating the individual pension coefficient. This is the value that is necessary to determine a citizen’s right to an old-age insurance pension and calculate the amount of his monthly pension.

Internal part-time job: how to calculate length of service

Every worker has the right to manage both his working abilities and free time as he sees fit, that is, at the end of the day at his main job, he can have an additional load, thus being an internal part-time worker. Considering the fact that a part-time worker is, in fact, a full-time employee occupying a position specified in the staffing table, he is subject to all local acts of the enterprise in full.

And also additional employees have the right to receive almost all benefits and compensations that are provided for in labor legislation and other legislative norms. Despite the fact that part-time workers are the same employees of the enterprise as others, their employment still differs from that of the same

Will part-time work be included in the length of service for calculating a pension?

Will time spent working part-time be included in the length of service for calculating a pension?

The main feature of the legal status of a part-time worker is that he is in at least two employment relationships (main and part-time).

This makes it possible to distinguish part-time workers into a special category of workers. To calculate the insurance length of a part-time worker, a certified copy of the work record book from the main place of work is required. According to paragraphs. 1 clause 1 art. 9 of Law No. 165-FZ, relations under compulsory social insurance arise with the insurer (employer) for all types of compulsory social insurance from the moment of concluding an employment contract with the employee.

Consequently, the employer’s obligation to pay insurance premiums for employees, including pension insurance, arises for the employer from the moment of concluding an employment contract with the employees. Clause 1 of Art.

Is it necessary to display part-time workers in reports?

Every year, all employers, including legal entities, individual entrepreneurs, lawyers, notaries, must submit reports for the past year to the regional division of the Pension Fund by March 1 of the current year. The document contains data on all persons for whom the employer pays insurance premiums, including workers:

under an employment contract;
civil contract;
author's order agreement.

The procedure for filling out this form was approved by Resolution of the Board of the Pension Fund of the Russian Federation dated December 6, 2018 No. 507p. The procedure does not explain whether part-time workers are included in SZV-STAZH, but given that such employment is formalized by an employment contract, it is obvious that employers are required to submit information about them. SZV-STAZH part-time contains the same information as for employees working at their main location:

FULL NAME. employee;
his SNILS:
work period;
special working conditions;
availability of grounds for early assignment of pension.

SZV-STAGE for external part-time workers is filled out in the usual manner, as for main employees. It is not necessary to indicate separately that the employee is an external part-time worker; the answer to the question of whether to include external part-time workers in SZV-STAZH is clear - yes, otherwise the employer who concealed information about the insured person will face a fine.

The EXPERIENCE report to the Pension Fund of the Russian Federation for an internal part-time worker has its own peculiarities: it assumes that the person works in two positions for the same employer. If none of these positions gives the citizen the right to early retirement, information about him is indicated in one line. If one of the positions gives such a right, work experience in it should be indicated on a separate line. Thus, two report lines are dedicated to the same employee.

Part-time work will increase your pension

Nekrasova Evgenia Anatolyevna

Taking into account changes in pension legislation, citizens of pre-retirement age are asking a lot of questions, one of which is whether part-time work is included in the insurance period. Why is this so important? The fact is that an extra pension point can significantly affect future pension payments.

Calculation of part-time experience

When considering this type of work as under an author's contract, we have already touched upon this point. In this case, everything is quite clear. But how to count if part-time employment occurs simultaneously with the main activity.

In the calendar plan, work overlaps one another. In fact, it is necessary to take into account insurance premiums for both working periods. This is what is of decisive importance when calculating pension payments. In this case, the logic of the Pension Fund is quite simple and clear.

The amount of the insurance premium paid will ultimately be counted. If we talk about the number of days (months, years) worked, then this only matters if a person is going to retire before the deadline. Such a measure will be extremely beneficial for a number of professions, for example teachers.

Is an entry required in the work book?

It should be understood that part-time work is usually not included in the work book. However, citizens are faced with the fact that the Pension Fund categorically does not want to include in the calculation periods that were not indicated in the specified document. What to do in such a case?

Calculation of experience. Photo novostipmr.com

In fact, such statements are not true. The fact is that when calculating, they pay attention not to what is written in the document, but to the information that is indicated in a specialized accounting database. Accordingly, if information about insurance deductions is available in the database, then the citizen has nothing to worry about.

Combination during maternity leave

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Another important point is when a person, while on maternity leave, finds a part-time job. Will this time count? As in previous cases, labor activity goes into the general “piggy bank” if the employer has made the appropriate contributions.

However, with regard to calendar time, since there is no overlap with the main activity, combining it during maternity leave cannot in any way affect early retirement.

Who can retire early? Watch the video:

The same applies to sick leave for temporary disability. If during a given period a citizen was engaged in a combination of jobs and made deductions, this is also taken into account in the calculation.

What penalties does the bank impose on a loan? More details here.

What should they consider themselves? In order for the combination to have a positive effect when calculating a pension, it is necessary to make insurance contributions for the entire period of work.

Part-time teaching experience

According to Decree of the Government of the Russian Federation No. 781, teaching experience gives an employee the right to retire early, but only if the legally established standards for working time in educational institutions are met. A preferential pension is granted if a person has worked for them for at least 25 years. In this case, the teacher’s place of work must be listed in the state special register.

Additional hours for part-time employees will be counted toward preferential teaching experience for calculating early retirement only if they work in a second position at a full-time rate. Such length of service can be confirmed on the basis of employer certificates issued in accordance with the requirements of the law and containing all the details established by law.

Additional Information

Pedagogical experience includes the fulfillment of pedagogical, leadership and methodological responsibilities in educational institutions.