360 hours per year - to the heads of physical education, teachers - organizers (basics of life safety, pre-conscription training);

10 hours a week - directors of primary general education institutions with up to 50 students (except for primary general education schools assigned for teaching practice for students of pedagogical schools, colleges of education); evening (shift) educational institutions with up to 80 students (in cities and workers' settlements - up to 100 people);

3 hours a day - by the head of preschool educational institutions with 1 - 2 groups (except for institutions that have one or more groups with round-the-clock stay of children). Reason: item 2.8. Recommendations on the procedure for calculating wages employees of educational institutions. The performance of such work is a condition for the payment of the full official salary for the main position, therefore it is carried out during the main working hours.

The teaching work of these employees in excess of the established norms for which they are paid an official salary, as well as the teaching work of managers and other employees of educational institutions without holding a full-time position in the same institution, is paid additionally in the manner and at the rates provided for the teaching work performed, i.e. • teachers or caregivers.

These employees, as well as other managers and other employees, may perform other pedagogical (teaching) work in addition to their main job with or without holding a full-time position in the same or another institution.

The performance of teaching work in excess of the established norms can be carried out both during the main working hours and beyond, depending on its nature and the quality of the performance of work in the main position. Therefore, such work may or may not be considered part-time, may or may not have restrictions on the scope of its performance. This issue in each case is decided by the administration of the educational institution in agreement with the trade union body.

Questions about whether this or that job is a part-time job or not are regulated by the Regulations on the conditions of part-time work, approved by the Decree of the USSR State Committee for Labor, the USSR Ministry of Justice and the Secretariat of the All-Union Central Council of Trade Unions of 03/09/1989 N 81/604-K-3/6- 84.

Pedagogical work that is not a part-time job

1. In accordance with paragraph 8 of the annex to the Regulations, the following types of work are not part-time jobs:

Implementation by teachers of general educational institutions and teachers of primary and secondary institutions vocational education for the management of offices, laboratories, departments;

Pedagogical work of managers and other employees of educational institutions (for example, work as teachers, lecturers, educators additional education replacement of educators who are absent due to illness or other reasons, checking written work, class management and other work that does not require a full-time position or for which an additional payment in rubles or percent is provided);

The work of teachers of general educational institutions and teachers of institutions of primary and secondary vocational education in the same educational institution in excess of the established norm of the teaching load;

Pedagogical work and work in the management of circles in the same educational institution, preschool, additional education institution or other children's institution, for example, the work of a teacher as a teacher of additional education, the work of an educator as a teacher, the work of a speech therapist for more than one position;

Management of subject and cycle commissions, work on the management of industrial training and practice of students;

The work of teachers and teachers of schools, secondary special, vocational and other educational institutions employees, equal to them in terms of remuneration, accompanists and accompanists of educational institutions for the training of art workers and music departments (faculties) of other universities, in the same educational institution in excess of the established norm of teaching load.

In educational institutions, such work is, for example, the teaching work of managers and other employees of educational institutions, as well as work carried out in addition to the main one, for which additional payment is set as a percentage (checking written work). In some cases, this may also be educational work, which is carried out to replace absent educators, that is, without occupying a full-time position.

The performance of the work indicated above is carried out depending on the nature of the work both during the main working hours and outside it.

The volume of teaching work for conducting training sessions, which can be performed in the same educational institution in addition to the main work, is determined taking into account the feasibility of its implementation in the following order:

For heads of educational institutions - by the education management body directly subordinate to which this educational institution is located;

For other employees (deputy directors, librarians, etc.) who will perform it in addition to their main work, - by the head of the educational institution in agreement with the elected trade union body (clause 5 of the order of the Ministry of Education of Russia dated January 25, 1993 N 21).

2. Pedagogical work with hourly wages in the amount of not more than 240 hours per year (in accordance with paragraph 3 of the appendix to the said Regulation) is also not a part-time job.

Example: teaching work in the amount of 240 hours of heads and specialists of educational authorities, educational and methodological and methodological rooms (centers), specialists of enterprises, institutions and organizations,

The performance of pedagogical work with an hourly wage in the amount of not more than 240 hours is allowed during working hours with the permission of the head and the trade union committee of the enterprise (association), institution, organization without deduction of wages.

Teaching and other work that is considered part-time

The work performed by managers and other employees in the same educational institution in a full-time position (for example, a school librarian works as an educator) is a part-time job. The performance of this work should be carried out outside the main working hours in the amount of not more than half of the monthly norm of working hours established for the combined position.

Accordingly, the non-pedagogical work of teachers (other pedagogical workers) with a full-time position in the same or another educational institution is also a part-time job.

Part-time work in the specialty is also allowed: teachers, lecturers, educators, accompanists and accompanists of schools, secondary special, vocational and other educational institutions, workers equal to them in terms of remuneration, pedagogical workers of preschool, additional education and other children's institutions in other (one or more) educational institutions. The volume of such part-time work cannot exceed half of the monthly norm of working time. Pedagogical work at a combined place of work (in the amount of half the monthly norm) for these workers is paid on a general basis, that is, according to tariffication, based on the established volume of the weekly teaching load.

Thus, a teacher can simultaneously perform educational (pedagogical) work:

At the main place of work in excess of the established norm of hours for a wage rate without restrictions (work is not a part-time job);

In another educational institution (for example, in another school) - in the amount of half the monthly norm of part-time working time, but with wages in the same manner as at the main place of work (work is part-time);

Work on the terms of hourly wages in the amount of 240 hours per year (work is not a part-time job).

The teaching work of heads and specialists of educational authorities, educational and methodological, methodological rooms (centers), specialists of enterprises, institutions and organizations can also be carried out:

In the amount of half the monthly norm in combination;

In the amount of 240 hours per year (work is not part-time).

In both cases, payment for such work is made by the hour.

All these cases of establishing a certain amount of pedagogical work for those employees who perform it in addition to their main work are recommended to be used only in situations where all teachers are provided with a full teaching load in this subject.

Decree of the Ministry of Labor No. 41 of 06/30/2003 provides for a number of features of part-time work for medical, pedagogical, pharmaceutical, workers, and cultural workers. Speaking of what, by virtue of the requirements of this resolution, is understood as work that is not a part-time job, one should take into account the fact that the existing general rules, which regulate part-time jobs, including medical workers, do not apply in this case.

AT general case part-time work implies the performance of other paid and at the same time regular work on the conditions stipulated by the employment contract, in free time from the main job.

The main signs of combination

For all employees, without exception, part-time work has common features, such as:

• work performed is additional to the main work,
• the presence of a second employment contract for an employee
• the permanent nature of the work, the main goal of the activity is not the result, not the process,
• remuneration on the basis of the remuneration system adopted by the employer and the terms of the signed contract. Worst conditions are unacceptable specifically for part-time workers in comparison with the main workers,
• work is performed outside the established working hours at the main place.

Despite the fact that there are similar signs, the combination of medical workers has a number of features that are approved by federal law. Let's consider them in more detail.

Features of part-time work of medical workers

1. employees of medical institutions have the right to work part-time in a similar profession, specialty or position not only in other institutions, but also at their main place of work,
2. medical staff. institutions, workers in conditions of reduced working hours are allowed to work part-time, provided that they do not take part in work that, in accordance with the NPA, is subject to sanitary and hygienic restrictions,
3. for medical workers, there are different rules that govern the maximum allowable hours of work. Depending on the position and the specific work performed, it may be different.

For example, the maximum working time should not exceed half the monthly norm of working hours, which is calculated on the basis of the established duration working week. An exception is if such workers in their main job have half the monthly norm of working time less than 16 hours per week. The duration of part-time work in this case cannot exceed 16 hours per week.

For paramedical personnel and doctors of districts, cities, municipalities, if there is a shortage of them, the working time of employees cannot exceed the monthly norm. At the same time, it is important to remember that the duration of part-time work for a number of positions in institutions of federal subordination is determined in the manner established by the federal executive authorities, and in organizations under the jurisdiction of subjects or local governments - in the manner approved by the bodies state power subjects. At the same time, junior medical and pharmaceutical personnel do not have the right to perform part-time work in excess of the monthly norm of work time.

Thus, we emphasize that the work of employees of medical institutions in a part-time job differs from the general working conditions of part-time workers, but at the same time, it has a number of common characteristics.

Jobs not related to part-time, applicable to medical personnel

Consider the nature of the work, which, in accordance with the established list, does not belong to part-time jobs. Decree 41 indicates that part-time employment does not include:

• technical, accounting or medical examination subject to a one-time payment,

I would like to explain the reasons. The work is one-time, that is, it is not of a regular nature (and this condition must be observed in combination), therefore, the definition given by Article 282 of the Labor Code is not fully observed. In addition, the goal of such work is to get a certain result. When engaging an employee for a one-time job, he is expected to perform specific work, and not regular duties. Consequently, such work is regulated by civil law (its performance requires the conclusion of a civil law contract between the parties) and does not apply to the concept of labor - “part-time work”.

• consulting by highly qualified specialists, but not more than 300 hours per year.

When performing this type of work, employees do not obey internal orders, rules, but perform one-time work, the completion time of which depends on various factors. The limitation of 300 hours does not apply to the established duration of their work, for the accounting period.

Specialists are not obliged to conduct consultations, but they have the right, and therefore such work cannot be classified as regular. That is, there is a fact that there is no subordination of the subjects of relations that arise between an institution and a highly qualified specialist. And this kind of relationship has the character of civil law, and not labor, where there is the power of one subject (ie the employer) and the subordination of another (employee).

These and other reasons do not give the right to attribute the relationship that arises during consultations to the category of labor, and that is why such work is excluded from the number of jobs carried out on a part-time basis.

• performance of work without holding a full-time position in the same organization or institution, including the duty of employees in excess of the established monthly rate in accordance with the schedule.

Let's dwell on the reasons. There are 4 of them, in particular:

• the first - work without a regular position (or duty) is carried out under the guidance of the employer. In other words, the labor process is managed by the institution. This fact follows from the characteristics of the work, which is not considered part-time work. Thus, the specified work is performed according to the schedule or outside the established working hours approved for the accounting period.
• the second - if the employer has approved schedules that are mandatory for the employee - the relations that arise in the process of applying this kind of labor are based on power and subordination, and labor itself cannot be called independent, that is, independent. In other words, these are labor relations.
• the third - work - duty, as well as work without a regular position, is to some extent regular. It is not of a one-time nature, its goal is not the result. At the same time, it is not advisable to classify it as part-time work. This is due to a number of other properties, namely, the work is performed during the working day both at the main place and outside it.
• fourth - duty or work without a full-time position is carried out simultaneously with the main work, and such an order of work does not fall under the definition of "part-time work", which implies work in free time from the main place and time.

Let's explain this point. On duty outside of standard working hours is additional work that is categorized as overtime work. And article 99 of the Labor Code explains that overtime is work that is performed by an employee at the initiative of the employer outside of: daytime work - a shift, or the number of working hours for an accounting period. Involving employees in overtime work is possible by order of the employer. Payment is regulated by article 152 of the Labor Code.

In addition, we note that the type of work in question can be carried out by increasing the volume of work, expanding the service area, Article 602 of the Labor Code says that when an employee performs additional work during the established working day, additional payment is required. The amount of wages is calculated according to the rules established by Article 151 of the Labor Code of the Russian Federation. Such work is done additionally. an agreement to the employment contract, in which it is necessary to prescribe the labor function and scope of work, the amount of additional payment. The conclusion of another employment contract is not required.

The ratio of part-time doctors

Expert opinion

Maria Bogdanova

More than 6 years experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

The value of this coefficient makes it possible to determine how many rates one medical worker works on average.At the same time, its value equal to 1.4 is considered quite high, and 1.5 is generally the maximum permissible, since this state of affairs indicates that the staff is significantly overloaded.

Taking into account the large number of part-time workers who usually staff the staff of a medical institution, the manager often needs to determine the number of staff.Today, a special formula for the coefficient of part-time doctors has been developed, which allows you to determine:

• degree of staff workload;
• whether there is a shortage of specialists from the category of junior, middle or senior medical staff;
• what measures should be taken by the head of recruitment (whether it is necessary to redistribute the ratio of permanent employees and part-time workers).

Medical staff 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 job).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 for part-time work for physicians cannot exceed more than ½ of the norm of working time, calculated on the basis of the approved working week (for the main job). At the same time, such requirements apply not only to junior, but also to middle and senior medical personnel, therefore, regardless of the level of qualification of the doctor, the employee must be registered within the framework of the current legislative norm.

Given the fact that some doctors have multiple qualifications, they may well operate in this way, as it is quite permitted by the law.

Medical staff belong to the category of personnel who can work not only in one, but also in several medical institutions, which makes it possible to significantly improve their financial situation.

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Moreover, usually in polyclinics, hospitals, hospitals and other medical institutions, doctors work in shifts, thanks to which they have the opportunity to work for several hours in other organizations.

However, are there any restrictions on such work and what is the part-time ratio of medical workers? Today we will answer this topical question.

Normative base

It must be understood that medical activity has its own specifics, due to high level the 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 Decree No. 41 of June 30, which provided for the rules for part-time employment 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 up to 8 hours, while having 39 working hours per week.

These documents regulate the combination of medical workers, and they must be followed, therefore, personnel service specialists must correctly draw up such workers.

These documents can be found here:

Each person involved in the healthcare sector should understand that there are main signs of part-time work, which include the following:

• work is performed at a time when a 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 Ch. 44 of the Labor Code of the Russian Federation, according to which a part-time worker has all the same rights and obligations as an ordinary employee, including time off, and so on.

What functions are not part-time jobs?

Speaking about medical workers, it should be clear that not all jobs here can be part-time jobs.

• Carrying out accounting, medical or technical expertise. Almost always, such work is one-time, and is paid on an individual basis and is not regular. In addition, we are not talking about the performance of regular duties, as prescribed in Art. 282 of the Labor Code, since the work is aimed at a specific one-time result.
• Consulting by doctors of a high category - professors and doctors of sciences. Such work also does not fall under the category of regular work, since it can be carried out at different times and with different intensity of consultations. It must be understood that the doctor's duties do not include counseling, but he has the right to do so, and here there is also no system of subordination of the subjects of relations. Such relations are civil in nature, therefore, the consultation function does not apply to part-time work.
• Fulfillment of specific duties, without occupying a regular 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 dwell in more detail on the work that medical employees can perform without holding a full-time position, then we can make a confident conclusion that this is a combination.

This is due to the fact that often the duty is carried out simultaneously with the main work, and therefore does not apply to part-time work, since such work is performed in free time from the main work.

Any work performed by a doctor outside 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 prescribes the amount of work, the amount of additional payment and the features of the function performed.

An example of such a document:

Sample additional agreement on combination

What is the purpose of the ratio?

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 the staff of a medical institution, the manager often needs to determine the number of staff.

Today, a special formula for the coefficient of part-time doctors has been developed, which allows you to determine:

• degree of staff workload;
• whether there is a shortage of specialists from the category of junior, middle or senior medical staff;
• what measures should be taken by the head of recruitment (whether it is necessary to redistribute the ratio of permanent employees and part-time workers).

In what cases is it applied?

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 the work of part-time doctors.

The following important points should be highlighted here:

• Medical staff has the right to work part-time not only in other clinics (), but also at the main place of work (internal part-time).
• When working under conditions of 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 for part-time work for physicians cannot exceed more than ½ of the norm of working time, calculated on the basis of the approved working week (for the main job). At the same time, such requirements apply not only to junior, but also to middle and senior medical personnel, therefore, regardless of the level of qualification of the doctor, the employee must be registered within the framework of the current legislative norm.

The doctor has every right to work at the main place of work, holding the position of a part-time job there (internal part-time job).

Given the fact that some doctors have multiple qualifications, they may well operate in this way, as it is quite permitted by the law.

When a doctor works simultaneously in several clinics, this will be considered an external part-time job, which is limited by sanitary and hygienic requirements for medical workers.

The list of such types of work that cannot be performed by part-time medical workers 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 compatibility with both the main job and the part-time position.

Calculation of the coefficient of combination in healthcare

There is nothing difficult in calculating the part-time coefficient, since for this the number of positions in the clinic is taken and divided by the number of doctors who are physically present in the clinic:

= number of occupied medical positions (medium health workers) /Number individuals doctors (paramedical 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.

Example:

In the regional clinic according to job description there are 58 doctors and 69 representatives of junior medical staff, and in fact there are 44 doctors and 52 nurses in the clinic.

According to the formula for calculating the part-time coefficient, the head physician can see that the indicator for doctors is 1.3 (58/44 \u003d 1.3), and for junior staff 1.1 (69/58 \u003d 1.1).

The value of this coefficient makes it possible to determine how many rates one medical worker works on average.

Please explain what is meant by the work performed by medical workers, which, in the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the Peculiarities of Part-time Work of Pedagogical, Medical, Pharmaceutical and Cultural Workers”, is not considered part-time work? Is it even legal to include these rules in this document? Petrushanko L.V., Gzhel

First of all, we note that the specified resolution of the Ministry of Labor of Russia provides for the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers. It is this circumstance that is the key to the analysis of the problem posed.

As for the legitimacy of the content of the rules governing the features of the performance of work on a part-time basis by medical workers, in the named document, then by virtue of Part 6 of Art. 282 of the Labor Code of the Russian Federation, the features of regulating part-time work for certain categories of workers, in addition to the features established by the Labor Code of the Russian Federation and other federal laws, can be established in the manner determined 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.

In accordance with Decree of the Government of the Russian Federation of 04.04.2003 No. 197 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" in relation to these workers, these issues are determined by the Ministry of Health and Social Development of Russia in agreement with the Ministry of Culture of Russia and the Ministry of Education and Science of Russia and taking into account opinions of the Russian tripartite commission for the regulation of social and labor relations.

Thus, Decree No. 41 of June 30, 2003 (hereinafter - Decree No. 41) was adopted by the Ministry of Labor of Russia within its competence in compliance with the requirements of the current legislation (Article 288 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of April 4, 2003 No. 197). The Supreme Court of the Russian Federation draws attention to this circumstance in its decision dated April 26, 2004 No. GKPI04-561, left unchanged by the ruling of the Supreme Court of the Russian Federation dated August 5, 2004 No. KAS04-295.

Arguing on the topic of what is meant by work, which, by virtue of clause 2 of Decree No. 41, is not considered part-time work, it is necessary to pay attention, first of all, to the fact that this rule contains a list of certain works, the performance of which is carried out on other grounds ( does not count as co-op!). Consequently, the generally established rules governing the issues of part-time employment, as well as the specifics of the implementation by medical workers (in this case) of work on a part-time basis, are not subject to application.

At the same time, it is important:

1. Consider common features inherent in the conditions for performing part-time work for all categories of employees;

2. Highlight the features of work on the terms of part-time medical workers;

3. To evaluate the list provided for in paragraph 2 of Resolution No. 41, the works that it contains, to determine the essence of such works. This method Evaluation of legal norms makes it possible to reveal not only the concept of the works contained in the list, but also to determine their legal nature, which contributes to the unmistakable choice of forms for consolidating relations. A different approach does not guarantee the choice of the only correct solution, which creates the prerequisites for errors, which in the future can serve as the basis for legal liability, the cause of a labor dispute.

So, according to Art. 282 of the Labor Code of the Russian Federation, part-time employment (regardless of the category of workers performing work) is understood as the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. A similar definition is contained in Decree No. 41.

Thus, part-time work for all categories of workers has similar features:

Sign 1. Part-time work is, first of all, additional work performed by the employee along with the main job.

Sign 2. Employees have the right to work part-time on the terms of an employment contract, one of the mandatory conditions of which is the condition that this work is part-time work. That is, two labor contracts are concluded with the employee: at the main place of work and part-time.

Sign 3. Part-time work is a job regularly performed by an employee: its feature- constancy, systematic implementation, and the goal is a process (not a result).

Sign 4. Considering that part-time work is regulated by the norms of labor legislation, the labor of workers engaged in labor activity on a part-time basis, payable subject to the employer’s remuneration system, the terms of the employment contract concluded with the employee, in compliance with legal principles (in particular, the non-deterioration of the employee’s position in comparison with labor legislation, a collective agreement, agreements, equal pay for work equal to values).

Sign 5. Part-time work is performed in free time from the main job, i.e. outside the working hours established for the employee.

Despite the presence of similar features, part-time work of medical workers (and other workers listed in Decree No. 41) has its own characteristics established at the level of federal authorities.

Firstly, unlike the general category of workers, medical workers have the right to work part-time in a similar position, specialty, profession, not only in other organizations, but also at the place of their main job. For the general category of workers, this rule is not applicable.

Secondly, medical workers working under conditions of reduced working hours, part-time employment is allowed provided that they are not involved in work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation. Meanwhile, employees belonging to the general category, working under conditions of reduced working hours, are not entitled to work on a part-time basis.

Moreover, the Labor Code of the Russian Federation contains a rule prohibiting them from working on a part-time basis. So, by virtue of Part 5 of Art. 282 of the Labor Code of the Russian Federation, part-time work is not allowed for persons under the age of 18 in heavy work, work with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions.

Thirdly, the duration of working hours during labor activity on the terms of part-time employment of the general category of workers is rather severely limited (Article 284 of the Labor Code of the Russian Federation). Restrictions do not apply only when the employee does not work at the main place of work, for example, in the following cases:

• suspension of work by an employee;
• removal of an employee from work.

But for medical workers working part-time, other rules have been established for regulating working hours. Depending on the work they perform (the position they hold), the maximum allowable working hours will be different.

Thus, for medical and pharmaceutical workers, it cannot exceed half of the monthly norm of working time, calculated from the established duration of the working week. The exception is cases when the listed employees in their main job have half of the monthly norm of working time less than 16 hours a week. The length of working time when working part-time in these cases may not exceed 16 hours of work per week.

For doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them, the length of working time cannot exceed the monthly norm calculated from the established duration 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 the federal executive authorities, and in institutions and other organizations that are under the jurisdiction of the constituent entities of the Russian Federation or local governments - in the manner determined by state bodies. the authorities of the constituent entities of the Russian Federation or local governments.

Employees belonging to the number of junior medical and pharmaceutical personnel, when working part-time, cannot work in excess of the monthly norm of working time, calculated from the established duration of the working week.

Thus, it can be argued that the work of medical workers on a part-time basis differs from the generally established conditions for performing part-time work by a general category of workers, but at the same time it is regular, paid, performed by order of the employer on the terms of an independent labor contract concluded with the employee outside working hours, installed at the main place of work.

Considering the foregoing, we will consider the nature of the work provided for by the list that is not related to part-time work. In accordance with clause 2 of Decree No. 41, in relation to medical workers, it is not considered part-time work:

• medical, technical, accounting and other expertise with a one-time payment;
• work without holding a full-time position in the same institution and other organization, including the duty of medical workers in excess of the monthly norm of working time according to the schedule, etc.

Speaking about conducting medical and other examinations with a one-time payment, it should be noted that such work is not (and cannot be recognized as) part-time work for the following reasons.

Reason 1. The work is one-time, therefore, there is no reason to attribute it to the number of works that are of a regular nature. It does not contain the characteristic features of part-time work, and does not fully fit into the concept of "part-time work" formulated in Art. 282 of the Labor Code of the Russian Federation.

Reason 2. The purpose of this work is its result. A medical worker is involved in the performance of one-time work, he is not expected to obey the rules of the internal labor schedule, to perform tasks regularly assigned to him by the employer. In this regard, there is every reason to talk about work that serves as an object of civil law relations subject to regulation by civil law. Therefore, it is necessary to conclude a civil law contract with such an employee, for example, a contract for the provision of services for a fee.

According to paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. Meanwhile, part-time work is work that is the object of labor relations regulated by the norms of labor legislation. The Labor Code of the Russian Federation does not regulate civil relations.

Such activities of highly qualified specialists as consulting in institutions and other organizations in the amount of not more than 300 hours per year cannot also be classified as work within the framework of labor relations.

Note! Consulting activities of highly qualified medical workers do not apply to part-time work if its duration during the year does not exceed 300 hours

Based on the content and intended purpose of this work, medical workers in the process of counseling are not (and cannot be) subject to internal labor regulations, other local regulations. They perform one-time work, the frequency of which depends on various conditions. However, this does not make it regular. The time limit (no more than 300 hours per year) of consultations conducted by medical workers is in no way connected with the establishment of the duration of their work, and even more so the distribution of this duration over the accounting period.

A health worker can conduct only one consultation during the year. Organizations or institutions may be interested in conducting stable consultations with highly qualified specialists, but this does not mean that such work is of a regular nature: they are not obliged (but entitled) to consult on certain issues in some cases. This indicates the absence of subordination of the subjects of relations arising between organizations and highly qualified specialists, which is inherent in civil law relations arising between equal participants, and is not typical for labor relations based on the power of one subject (employer) and the subordination of another subject (employee).

These and a number of other properties do not allow us to classify the relations that arise in the process of conducting one-time consultations by highly qualified specialists as labor relations, that is, regulated by the norms of labor legislation. It was this circumstance that served as the primary reason for the exclusion of this work from the number of works performed on a part-time basis.

The most difficult are the relations that arise in the process of performing work without occupying a full-time position in the same institution and other organization, including the duty of medical workers in excess of the monthly norm of working time according to the schedule, etc.

However, in fact, these issues are quite simple if they are analyzed in a systematic connection, taking into account the specifics of labor relations.

From the position of clause 2 of Decree No. 41, performing work without holding a full-time position in the same institution and other organization, including the duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc., is not considered part-time work.

Answering the question, what is such work in this case, we note the following:

1. The performance of work by medical workers without holding a full-time position in the same institution and other organization, including duty, takes place under the guidance of the employer. It is the organization (institution) that organizes and manages the labor process. This follows from the definition of work, which is not considered part-time work. Thus, the above work must be performed according to the schedule or outside the working hours established for the accounting period.

2. If the employer approves schedules (other rules) that the employee is obliged to comply with (to which he is obliged to obey), then the relations arising in the course of the use of such labor are based on power and subordination, and labor itself cannot be classified as independent (independent) labor. Such relations cannot be recognized as civil, they are labor relations.

3. Such work, by definition, does not apply to part-time work, since it does not correspond to its characteristics.

Work performed without holding a regular position, as well as on duty, is considered to some extent regularly performed work. It is not one-time, its goal is not the result, as is the case in the two previously considered cases. However, it is not a partnership. This is due to other properties, in particular, it is performed during the working day (shift) both at the main place of work and outside it.

4. Work without holding a full-time position, including duty, is performed simultaneously with the main job, which is also at odds with the concept of "part-time work", which implies work in free time from the main job.

Note! Work without holding a full-time position, duty during the working day (shift) can be carried out by expanding service areas, increasing the amount of work

Thus, work without holding a full-time position, duty during the working day (shift) can be carried out by expanding service areas, increasing the amount of work.

By virtue of h. 1 Article. 60 2 of the Labor Code of the Russian Federation, the performance by an employee during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) requires additional payment (its amount is determined according to the rules provided for in Article 151 of the Labor Code of the Russian Federation ).

Such work is formalized by an additional agreement to the employment contract concluded with the employee at the main place of work, which needs to determine the labor function of the employee (its volume), the amount of additional payment. The conclusion of an independent employment contract in combination in this case is not required.

Working outside the established hours of work is extra work belonging to the category of overtime work.

In accordance with Part 1 of Art. 99 of the Labor Code of the Russian Federation, overtime work is understood as work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

Attract employees to work overtime on the basis of an order (instruction) of the employer. They pay for the work performed according to the rules provided for in Art. 152 of the Labor Code of the Russian Federation.

How is payment made for actually worked hours of a neurologist performing additional work according to the schedule (on duty) without holding a full-time position?

Answer

In this case, additional shifts performed by the employee at the initiative of the employer outside the normal working hours without holding a regular position are overtime work (Article 99 of the Labor Code of the Russian Federation) and are payable accordingly (Article 152 of the Labor Code of the Russian Federation).

According to p.p. "g" clause 2 of the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 No. 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" are not considered part-time jobs and do not require the conclusion (formulation) of an employment contract, work without holding a regular position, including the same institution and other, including the duty of medical workers in excess of the monthly norm of working time according to the schedule, etc.

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However, in accordance with the ruling of the Supreme Court of the Russian Federation of August 05, 2004 No. KAS 04-295, the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 No. 41, does not classify part-time work as work that, in accordance with Art. 98 of the Labor Code of the Russian Federation is recognized as overtime. Accordingly, payment for work performed outside the monthly norm according to the schedule should be carried out as for overtime work.

The foregoing is also confirmed by law enforcement practice. Thus, the Omsk Regional Court in the Appeal ruling dated 06/13/2013 in case No. 33-3563 / 2013 noted that the duty, which is not considered part-time work, goes beyond the working hours established for employees, regardless of whether they are provided for by the schedule or not. This means that the employee performs his activities during periods that, according to Art. 107 of the Labor Code of the Russian Federation, are rest periods (between shifts, days off) and are outside the normal working hours. Therefore, these works are identical to overtime work and work on weekends and non-working days. holidays, since other types of work outside the established working hours Labor Code Russian Federation does not provide.

We remind you that according to Art. 99 of the Labor Code of the Russian Federation, the duration of overtime work cannot exceed 4 hours for two consecutive days and 120 hours per year.

Please note that if your organization regularly needs to involve employees on duty outside the normal working hours, you may not meet the maximum allowable number of overtime hours (120 hours per year) and this will be recognized as a violation during the inspection by the labor inspectorate. In this connection, we recommend that you consider the possibility of introducing a summarized accounting of working hours for these categories of workers, or including additional staff units in the staff list.

The introduction of additional staff positions will allow you to pay for shifts performed by part-time employees (i.e. outside the normal working hours for their main position), taking into account all payments and additional payments provided for by the remuneration system adopted in your organization.

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