As part-time work. Registration of a part-time labor contract, sample document

How to arrange for part-time   employee is interested in many employers who have not previously experienced this procedure. In practice, the sequence of actions when introducing part time  does not cause serious difficulties. In more detail we will tell about it in article further.

  Part time work

The legislator clearly specifies that the time during which the duties of the employee include the execution of work on the position, refers to the worker. At the same time in art. 91 of the Labor Code of the Russian Federation states that the normal duration of labor is no more than 40 hours per week. Since the parties have the right to determine what kind of work regime will be established for the employee, if necessary or according to his application, the employer has the right to establish part-time work (day or week).

Despite the fact that the legislator bypasses the interpretation of the term “incomplete working time”, It can be concluded that it includes a mode in which the duration of work is less than that determined by the legislator in the general case. The legislator allows both to enter part-time or reduce the number of days in a week, and to reduce the number of working days per week while reducing the length of the day. The employer can choose one of these options and offer it to the employee in response to the corresponding will of the latter.

Below we look at the order of introduction of incomplete working day  and at the request of the employee, and at the initiative of the employer.

  How is part-time work done at the request of the employee?

The employee is obliged to inform the employer about his desire to shorten the duration of the workflow by submitting a corresponding application. The legislator does not approve the sample document, so the application is written in any form. In the text of the document, it is necessary to indicate the reason for the transfer to such a schedule and specify what needs to be reduced - a day or a week.

In Art. 93 of the Labor Code of the Russian Federation, the legislator specifies to which categories of employees the head of an enterprise is not entitled to refuse to reduce the duration of the work process. These include:

• pregnant employees;
• employees caring for sick relatives (if such care is necessary in accordance with a medical certificate);
• parents (or more precisely, one of them) who are caring for children who have not turned 14 years old (in the case of a disabled child, 18 years old);
• persons on maternity leave.

After making a decision on changing the work schedule of an employee, the employer makes an order about it. Its form and content are also not approved by the legislator, so the head of the company forms it in writing with the obligatory indication:

• the period during which the introduction of the schedule is assumed;
• the duration of the working day and week;
• final work schedule for employee, etc.

The next step is for the employer to amend the employment contract with the employee by drawing up an additional agreement. In the document it is advisable to reflect all the information that was set out in the order.

It is also important to remember that it is the duty of the employer to familiarize the citizen with the order and the additional agreement under the signature. If it is necessary to reach a compromise on the issue of changing the schedule of work, the parties can conduct negotiations.

  How to issue an employee on a part-time basis at the initiative of the employer?

In Art. 74 of the Labor Code of the Russian Federation, the legislator provided for the possibility of adjusting the working conditions of a citizen by his employer, if such changes are caused by organizational or technical changes in the labor process. At the same time, the previous mode of operation is not preserved and when working conditions change, there can be a massive dismissal of employees, in connection with which the legislator allows the possibility of establishing part-time treatment for employees for a period not exceeding 6 months.

An employee is notified about the establishment of a part-time work schedule 2 months prior to its introduction. Such a regime is introduced by the order with which the employee is familiarized under the signature. If the conditions are not accepted, the worker may express his disagreement and draw up a separate document about it, however this will entail the initiation by the employer of the procedure for dismissing an employee due to staff reductions. An important condition that must be met by the employer: the introduction of such a regime should not change the working conditions of the employee in the direction of deterioration compared with the rules specified in the labor and collective agreements, agreements, local acts.

If the employee is transferred on an incomplete day at the initiative of the management of the organization, it is the employer's responsibility to send a notice to the employment service that the employee has been set to part-time work. This is done no later than 3 working days from the date of the decision: a notification is made in an arbitrary form, which contains information about the worker in respect of whom the regime is introduced, as well as the period of introduction and the schedule of work of the citizen. As a rule, a copy of the order is attached to the notification.

IMPORTANT! The fact that the employee has moved to part-time on the basis of an additional agreement is not required to notify the employment service (letter from Rostrud of 17.05.2011 No. 1329-6-1).

So, the order of registration of an employee on an incomplete day varies somewhat depending on who initiated the transition procedure. The design is quite simple and should not take a lot of time.

Part-time employment is a fairly common occurrence. The reasons for installing such a schedule can be quite a lot, ranging from a small amount of work that does not require a long presence of the employee, ending with the usual savings of money. Given the fact that this feature is certainly reflected in the personnel and financial statements, it is important to understand how the procedure for applying for a part-time employee takes place.

According to the law, a full-time work week consists of 40 hours worked diligently. In this case, this amount should be distributed throughout the week evenly. The most common option is a working day of 8 hours, with the weekend falling on Saturday and Sunday.

This regime is usually enshrined in the labor charter of the enterprise and indicated in the contracts that are concluded with all employees.

But, besides the fact that there is a usual working schedule, the legislation also provides for an incomplete schedule, which implies that a certain person will do his part of the work during the whole week or partly. For example, it may not be five working days, but three, or not eight hours a day, but, say, five.

It should not be confused incomplete schedule and shortened. The latter, please note, is established only for some categories of employees, but it is counted as a full-fledged change of work day. For those who work a short week, all free days and hours are counted as weekends.

When incomplete mode is set

Part-time employment can be established both at the very beginning of cooperation, that is, upon admission to the staff of the enterprise, and already in the process of work, upon reaching an agreement between the two parties.

At the same time, hiring for part-time work may concern such candidates:

• pregnant women;
• a parent who has a child under the age of 14, or a disabled child who is under 18;
• employee who is forced to care for his seriously ill relative.

All foreseen cases imply the need to document the existence of a basis for reducing working time. All certificates and confirmations are attached to the employment agreement.

Employment

The fact of establishing short working week  should certainly be recorded in all corporate documents. As a rule, this is reflected in the contract for admission to work or in the order of the head of the company. If the mode of operation of this employee will differ from the general schedule, it should be specified in the supplementary agreement. You may have to make changes to the company's labor charter, which lists the people who work part-time.

With regard to the issue of remuneration, due to the fact that an employee works fewer hours, his salary is calculated in proportion to time or depending on output.

The personnel manager must also take into account such nuances:

• the duration of the leave, which is provided to the employee every year on a paid basis, is not reduced;
• seniority is calculated in the usual manner;
• the work schedule is prescribed officially, and therefore all hours that the employee will work over this rate are entitled to be counted as overtime.

Reception of the employee occurs on the basis of the order; if a newcomer is accepted into the state on the basis of a contract for services or paid services, then the order is not needed. Labor law does not apply to such forms of relations.

An order is issued according to the general form with T-1 number or individually developed form at the enterprise itself.

Within the first three working days after the new employee has assumed his duties, it is necessary to familiarize him with this order. This must be done without fail under the signature. Earlier, the newcomer should be familiar with the internal regulations, collective agreement, and other internal documents, also under the signature.

Registration when hiring an employee for part-time work provides for an agreement on the following items:

1. General provisions.
2. Duties and rights.
3. The subject of the contract.
4. Employment Mode.
5. Rest mode.
6. Payment.
7. Working conditions.
8. Details of the parties.

If necessary, it is allowed to add additional paragraphs, if this is due to the specifics of the work.

Work schedule

Special attention should be given to the question of the length of time an employee is at work. Given that we are not talking about a shortened, but an incomplete day, it is logical to assume that such employment implies half of the total schedule of all other employees of the company. This means that if the entire enterprise works 8 hours a day, then the employee in question is working 4 hours.

But a week is considered incomplete, in which he devotes time to work within four working days instead of five to 5 hours a day. When drawing up the contract, the number of working hours should certainly be reflected. It is also very important to indicate the start and end time of the working day, for example, from 9 to 14.00.

An important point of the agreement when hiring such an employee is an indication that the activity at this enterprise is for him the main, and not additional.

Application and Record to Work Book

At the initial stage, the newcomer must write an application for admission. The document is written in the name of the first person of the company. The header indicates the full name of the organization, the initials of the specialist and his residential address.

The text of the statement should indicate its desire to get a specific position in a particular unit. In this case, it is imperative to mention that we are talking about an incomplete schedule.

Record in the work book is a personnel manager. However, no indication of a specific schedule or part-time rate is allowed. All entries must be stamped. It is necessary to designate the full name of the company that accepts the newcomer to work, from what date and according to which article of the law.

The same record will be in the workbook upon dismissal. No indications regarding the part-time employment of its owner are also provided. All references to such an order are permissible solely in the employment contract and other internal documents of the company.

How to take a part-time employee: Video

Any worker has the right to work both full-time and abbreviated.

The incomplete or abbreviated working day is established on the basis of the wishes of the employee, and also because of the employer's ability to provide this time.

Options

An employment contract with an unregulated working day is concluded between the employee and the employer.

He regulates all the relationships between them and talks about the duties and rights of each of the parties.

The irregular working day has several varieties, with ignorance of which, many workers do not dare to leave on a part-time basis.

1. At five days  daily worker fulfills 4 hours.
2. With a four-day work out 5 hours a day. In this case, Friday is considered a day off.
3. Togetherpart time and week.

(part-time employment contract)

The employer has the right to establish such a schedule both upon admission to work and after the time worked. This kind of work does not restrict the rights of citizens  and paid based on the rate of production or for the hours worked.

Labor contract for part-time sample (supplementary agreement):

Registration

How to apply for a part-time employment contract (by 0.5 rate)?

Registration employment contract  part-time is quite a difficult question for the personnel department. But in fact, there is nothing so critical in this.

The same is being prepared, only a new labor contract, where must be spelled out:

1. Place of work. Indicates the actual place of work. This may be just the name of the company with the legal form or the name + site, to which the employee is accepted.
2. Labor functions  everything is indicated, and it is on the basis of them that the worker performs the work. All other tasks that the employer will assign may be performed by the employee on a voluntary basis.
3. Start date  affixed to the first person to work. In fact, time can be transferred in connection with the wishes of the employee and his circumstances.
4. Salaryprescribed at the point of payment and can not be less than the statutory minimum wage. Tariff rate may be indicated. The payment is calculated on the basis of actually worked time and this factor is also indicated here.
5. Mode of operation and vacation. The time of work is prescribed: from what hour to which, is there a possibility of annual leave.
6.   calculated on the basis of the wishes of the employer. As a rule, the probationary period is not indicated for an incomplete working day.
7. Guaranteeswhich are required to be provided in case of violations. It also indicates the right to receive social and tax deductions.

The list of required documents for employment

Half-time work - it can be like extra work, and the main one.

This allows many employers to reduce costs and save on labor.

In order to properly arrange an employee at half-time, you need to know all the nuances of this.

Sure to need to make a new contractif the employee is working full time.

In the new employment contract, it is mandatory for prescription: hours of work and amount of payment.

Reception of a citizen must be made with all the norms of labor legislation in force in the country.

What the employee must provide:

1. Statement. This is the primary document that a person must fill out when accepting or transferring to another type of work week. Based on this document, the remaining manipulations are carried out and it is considered to be a legal document in a conflict situation of the parties. Corrections in it are not allowed, and if they are approved, the document is rewritten. It should be spelled out about the desire to transfer to half the rate.
2. Passport.
3. Employment history.
4. SNILS.
5. Help from the last place of work.

If this new employee, he must bring all the documents, and write a statement on the spot. If this existing workerthen he provides only statement.

For registration of the employee, the personnel department will need:

1. Order of admission. Drawn up after the adoption of the statement of the employee. It must indicate the payment of the employee, or rather, its amount for the actual time worked and the number of days.
2. Employment contract. It specifies the amount that a citizen is obliged to work out. But this time frame should not exceed half the time of the main employee.
3. Personal card.
4. Record in labor is made on a general basis.

There are several distinctive features:

• Part-time work may be of different types, but payment is based on actual hours worked;
• by law not forbidden to work in several places  at half time;
• the employment contract is reissued and payment and new time are prescribed in it. As a rule, working time does not exceed 20 hours per week, but the remuneration is 50% of the staff salary;
• warranties - all employees, part-time workers have the same rights to social and tax deductions. They also have the right to go on paid sick leave and leave, in the prescribed;
• the law of the time frame (that is, after six months of work;
• possibility of registration of maternity  and other citizens who, due to different circumstances, cannot go full-time.

Dismissal and termination of the contract

Termination occurs according to the same rules as when working on a full working week.

If you reach an agreement with your employer, you are entitled not to work out the statutory time by law.

You also need to remember that there are some situations in which you can leave quietly without working out: studying at an institute, illness of you or your relatives, moving to another city. In these cases, you are required to let go without any problems.

The legislation stipulates that when writing a statement of care for to your own willthe worker must work for two weeks.

The countdown begins after the employer receives this application. On the last day worked, the employer is obliged to make an entry in the work book and fully calculate the employee.

remember, that the employer is fully responsible for violation of any clause in the employment contract, as well as the legislation of the Russian Federation.

If he admits this, contact the labor inspectorate, and if you detect such an offense, you will be paid in full wages  and correct the situation.

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