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In what amount to specify in the employment contract, the salary of the part-time, to avoid disputes

Question - answer - Legal advice 10.07.2018 at 14:05

Question - answer - Legal advice

The court considered case under the claim of the employee to recover from the employer

unpaid wages. It was found that the employee

taken at a part-time job at the rate of 0.5. Thus in

the employee's employment contract specified a salary fixed regular

schedule for their respective positions, – 30 thousand rbl. Under payment

wages, a specified amount has been reduced by half by the employer

(proportional to the hours worked by the employee) – up to 15 thousand rubles.

the Employee is not satisfied because he believed that he should be

paid that amount of salary, which was recorded in labour

the contract. As a result, the employee appealed to the court demanding to recover from the

the employer the remaining part of the salary (appeals definition

the Judicial Board on civil cases of the Kaliningrad regional court

as of March 13, 2018, case No. 33-1159/2018).

However

the court in the dispute is supported by the employer. The court came to the conclusion that

salary of 30 thousand rubles to be paid to the plaintiff only when

the implementation of the employment duties on a full working day. [Newline] because it under the terms of the employment contract were fulfilled only half

the norm, and her legitimate salary is paid in a smaller size.

Note,

in the judicial practice has not developed a uniform approach to decision

the question of whether the worker is employed part-time

working time to demand payment of the full amount of salary provided for

the staffing of the position, if this amount

was specified in his employment contract. Many courts, like

the Kaliningrad regional, refuse workers to satisfy

similar requirements (e.g. definition of the Moscow regional court

from January 18, 2017 No. 33-2099/2017, the Arkhangelsk regional court of 5

December 2016 n 33-7152/2016, the Court of Khanty-Mansi Autonomous

the County from 8 December 2015 n 33-5667/2015). However, the

litigation and the opposite approach, according to which if

the employee has worked the normal working time, which was to him

, established by the labor contract, then it should get that amount of salary,

which was this agreement provides for (definition seaside

the regional court of November 14, 2017 No. 33-11044/2017, the decision of the Tambov

the regional court of 10 April 2017 No. 7-142/2017, the solution Zasviyazhskiy

district court of Ulyanovsk on June 8, 2011 № 2-1490/2011).

in order to avoid possible misunderstandings and related judicial

proceedings the parties to the employment relationship it is advisable to specify in the

the employment contract as the full amount of the salary provided employment

contract, and that specific part owed to the employee

, for work on conditions of incomplete working time. For example,

this case, the appropriate wording would look like

as follows: "the employee's Salary is 15 thousand rubles (50%

salary of 30 thousand rubles. on the post of so-and-so) taking into account the established

the employee working hours".