Introduction of part-time work. Part Time Translation

You will need

• - application in two copies;
• - additional agreement or addition to the employment contract;
• - order.

Instruction

In accordance with Article 93 of the Labor Code of the Russian Federation, an employer cannot refuse to shorten the working day or working week to pregnant women, single mothers, fathers, guardians, caregivers who have a child under 14 or a disabled child under 18, minor employees. Cut down working time  or work week  It should be at the request of a staff member with a disability of the first and second groups, at the request of an employee caring for seriously ill relatives upon presentation of a certificate from a doctor. With all other categories - only by mutual agreement.

Work on part-time or abbreviated week should be properly executed. From the employee you need to get statement  in duplicate, on which the employer puts his resolution. One copy remains with the employer, the other - with the employee.

AT statement  should indicate its request to refer to article 93 or 92 of the Labor Code. Also, the deadline for the provision of a reduced working day or week is written. Part-time work can be set for a specific period or indefinitely, and a shorter working day and an additionally shortened working week can also be set.

Based on the application, the employer is obliged to draw up an additional agreement to the employment contract, to issue an order in which to refer to the additional agreement. No abbreviation is recorded in the workbook working day  or weeks. Mark is made only in the personal card of the employee. Payment should be made on the basis of the actual hours worked or according to the output (Article 93, Part 3)

Part 3 of the same article determines that the reduced working time does not affect the next paid vacation, on weekends and holiday days. However, the employee is not entitled to receive early preferential pensions, since this benefit can be granted only in full working conditions (Government Decree 516, Federal Law 27, 28).

The mode of a shortened working week or a shortened working day at the initiative of the employer can be entered in accordance with article 74 of the Labor Code of the Russian Federation. This is provided in cases of severe financial or economic situation of the enterprise in order to avoid the closure of production. But it is necessary to introduce reductions in time in accordance with the rules of the law and for a period of not more than 6 months.

You will need

• - a written warning for two months;
• - free form order;
• - supplementary agreement to the employment contract;
• - A written proposal of another job (if the employee does not agree to work in the new conditions);
• - payment of compensation for 2 weeks (if the employee leaves due to changes).

Instruction

Reducing the work week or time entails a reduction in monetary remuneration for the work done. Payroll due to changes should be carried out in accordance with Article 93 of the Labor Code of the Russian Federation and calculated in proportion to the time worked or work performed.

In order to formalize the reduction of the working week or working time, the employer is obliged to warn all employees in writing 2 months before the introduction of the new conditions (Article 74 of Part 2 of the Labor Code of the Russian Federation). Each employee is obliged to agree or disagree with the new regime and, as a result, with changes in pay.

If you initially accept an employee for part-time work time, but you have the opportunity to pay the full tariff rate, then you are entitled to hire another employee for this position, and indicate this in the staff list. This applies, for example, in the case of hiring pregnant women.

In this case, also make an order, only about employment, where you must write down these conditions. AT employment contract  also indicate that the employee is not hiring full time.

By law, men begin to receive a labor pension at sixty, and women at fifty-five. However, there are situations where a person has the right to retire earlier. To do this, including the need to write a special statement  to the Pension Fund.

You will need

• - passport;
• - employment history;
• - certificate of income for five years.

Instruction

Specify whether you belong to one of the categories of people who are eligible to go on early retirement. These include citizens who work in hazardous or particularly physically destructive production, as well as seafarers, public transport drivers, pilots, rescuers, certain categories of teachers, employees of penitentiary institutions - detention centers and prisons, doctors, nurses, ballet dancers and a number of other professions . Also, premature retirement can get, regardless of profession, the mother of five or more children, people who have worked for a long time in the Far North and some categories of people with disabilities. The age at which you can retire early depends on the specific position and length of service. This information can be obtained on the website of the Pension Fund.

If you meet the requirements, please submit statement  on appointment pensions. The procedure in this case is the same as when submitting documents for registration pensions  in the usual period, you will only need to supplement the dossier with documents confirming your right to early retirement - an employment record with information about your work experience, entitling you to this pension, birth certificates of children for a mother of many children, or a medical commission concluding pensions  for invalids. Apply with all papers to the territorial department of the Pension Fund of the Russian Federation at the place of registration or actual residence and write statement  on an appointment to you pensions.

Your statement  will be considered no more than ten days. If this proves necessary, provide additional documents that the Pension Fund may require. If all the papers are in order, then the pension will be charged to you from the first day of the month in which you applied for its execution.

According to Article 93 of the Labor Code of the Russian Federation, part-time work can be established when applying for a job or during the term of an employment contract. Incomplete time  can be used as a shortened working day or part-time week. Wages are charged in proportion to the hours worked, based on salary, wage rate or output.

You will need

• - calculator or the program "1C: Salary and Personnel."

Instruction

If an employee works part-time with a shorter working day or week and has a salary, then accrual is proportional to the time worked. To do this, divide the salary by the number of working hours set out in Article 91 of the Labor Code of the Russian Federation, which states that the working week is 40 hours. Multiply the resulting figure by the actual number of hours worked, add the premium, reward or reward, the district coefficient, subtract income tax and advance payments. The remaining figure will be the amount of payment for work in the current billing month.

If the employee has an hourly wage rate, then multiply it by the actual hours worked in the billing period. Add the premium, district coefficient to the received figure, subtract the income tax and advance payments. The remaining amount will be the payment for the current working month.

If the employee receives wages from the generation, then count the total amount earned during the billing period. To do this, the cost of one unit of output multiplied by the amount made in the billing period, add the premium, encouragement or reward, the regional coefficient, if it is charged in your region. From the received figure subtract income tax and advance payments.

If you need to calculate the average earnings for 12 months to pay for a business trip, next vacation or compensation for unused vacation days, add up all the earned amounts for the billing period from which you withheld income tax, divide by 12 and 29.4. The result will be equal to the average daily earnings of an employee working part-time.

To pay for temporary disability benefits, add up all the earned amounts for 24 months, divide by the calendar number of days in the billing period, that is, by 730. Take into account only those amounts from which you withheld income tax. The result will be the base daily average amount for the further calculation of payment for sick leave depending on the length of service. With the experience of more than 8 years, spend the calculation of 100% of average earnings, from 5 to 8 years - 80%, up to 5 years - 60%.

In accordance with the labor legislation, an employer has the right to issue a reduction of the working day for his employees. To do this, you need to make an order to reduce working time, notify employees for two months, write an additional agreement to the employment contract. If one of the employees does not agree, the employer can dismiss them due to downsizing.

You will need

• - documents of employees;
• - documents of the organization;
• - printing company;
• - Forms of relevant documents;
• - labor law.

Instruction

The head of the structural unit, in which it is necessary to reduce the working day of employees, should make an official note addressed to the director. This document is the reason for the inevitable application of article 74 of the Labor Code of the Russian Federation. These reasons may be a change in technological working conditions, an economic crisis, and more. On the document, the director of the enterprise puts the resolution with the date and signature.

Make an order to reduce working hours. In the header of the document, indicate the full name of the organization in accordance with the constituent documents or the last name, first name and patronymic of the individual, if the legal form of the company is an individual entrepreneur. Give the order a number and date. In the administrative part enter the surnames, names and patronymic of the employees who are supposed to shorten the working day, indicate the positions they occupy. Write the very fact of reducing working time. Indicate that wage  listed employees will be charged in accordance with the actual hours worked. Put the responsibility on the person who will familiarize the experts with this document. The right to sign the order has the head of the company. Verify the document with the seal of the company. Familiarize the workers listed in the order with the administrative document against the signature.

Make notifications about the reduction of the working day for each employee in two copies. Notify employees for signature should be two months before the actual date of entry into force of the order to reduce the working day. Reduce working time to certain categories of workers specified in Labor Code  Russia can not, including pregnant women, professionals with children up to three years.

If one of the workers does not agree with the reduction of working time, the employer has the right to dismiss them in connection with the reduction of staff. To do this, you must issue a corresponding order, notify employees against signature two months before the actual date of dismissal, make the corresponding entries in the workbook, issue funds for settlement, as well as severance pay. It is prohibited to dismiss employees if they fall into certain categories that are specified in the Labor Code of the Russian Federation. The employer can also transfer employees to another workplaceif they do not agree with the reduction of the working day.

Russian legislation has provided special benefits for single mothers who are forced to raise their own children and at the same time also work. This does not apply to pregnant women, since There is no child in fact yet.

Pregnancy does not always end with the birth of a live child. Therefore, a mother can get all the material benefits only after the birth of the child.

In this regard, single pregnant women can count on all the same benefits as future mothers who have husbands.

Labor benefits

By law, an employer cannot deny a pregnant woman a job if the main reason for the refusal was precisely the lady’s pregnancy. Also, they have no right to arrange a pregnant test and assign a trial period.

However, in fact, to prove that the reason for the refusal was precisely the pregnancy of the candidate is almost impossible.

Already working pregnant women also have a number of advantages. For example, they cannot be attracted to extracurricular work, they need to ease working conditions, they cannot be withdrawn from vacation, dismissed in cases of liquidation of the company. When a woman works in hazardous conditions, she should be transferred to a more benign regime. At the same time, its average earnings are fully preserved.

If the expectant mother has such a need, she can be transferred to a shorter working day or week with salary recalculation according to the time worked.

Also, the expectant mother can fearlessly visit clinics during working hours and take sick leave as needed without fear of being dismissed.

Payouts

As for the various benefits, pregnant women can count on them. So, those who are registered before the 12th week of pregnancy are entitled to a one-time payment, the amount of which is indexed annually.

Also for pregnant expecting maternity allowance. It is paid when taking maternity leave and is calculated for 140 days (this is exactly how the decree continues on average). This allowance is calculated from the average monthly earnings and is not subject to income tax. But it should be borne in mind that non-working women are not paid such benefits.

In addition, according to the doctor’s opinion, if necessary, a woman can receive dairy food in the dairy kitchen. Also, the expectant mother gets free vitamins.

Accounting Forms

Legislative Comments

Does the employer have the right to decide on the establishment of part-time work? If so, how is the change in the terms of the employment contract?

Answer: The mode of working time and rest time is a condition that is mandatory for inclusion in the employment contract, according to Art. 57 of the Labor Code of the Russian Federation.

Art. 93 of the Labor Code of the Russian Federation - part-time work (shift) or part-time work week can be established by agreement between the employee and the employer. both when applying for a job and afterwards. Part-time work does not entail for the employees any restrictions on the length of the annual basic paid vacation, the calculation of seniority and other labor rights.

However, the employer should justify the need for part-time work. since such a change would entail a reduction in wages. It is possible to substantiate the introduction of such a working time, for example, by reducing the amount of work caused by a decrease in the number of customers (buyers) or the volume of sales of goods (work, services).

When working on a part-time basis, the employee’s work is paid in proportion to the amount of time that he has worked, or depending on the amount of work he has completed. Thus, when changing the working hours, there will be a change in the wage rate, which is also a prerequisite of the employment contract, as a result of which the use of part-time work unilaterally is not allowed.

Consequently, a change in the working time of an employee is a change in the conditions of the employment contract and is made according to the rules of art. 72 of the Labor Code of the Russian Federation.

Article 72 of the Labor Code of the Russian Federation provides for the possibility of changing the conditions of an employment contract defined by the parties. This is permissible only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. The agreement to change the salary (the terms of the employment contract defined by the parties) is in writing.

Changing the working time by agreement of the parties is carried out by drawing up the relevant agreement and order of the employer. In the case of the introduction of part-time work on the initiative of the employer, as well as when changing wages, it is necessary to justify the reasons for which the part-time work was introduced (for example, reducing the amount of work that the employer can provide to the employee).

If changes in the terms of an employment contract are made formally at the initiative of the employee (for example, reducing the amount of wages by agreement of the parties, changing working hours), but at the oral proposal of the employer, the legality of such changes can be challenged by the employee in court or by appealing to the Federal Labor Inspectorate .

Changing the terms of the employment contract (except for changing the employee’s work function) on the employer's initiative is possible, in particular, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), if the contract can not be saved (Art. 74 TK RF). About the upcoming changes, as well as their reasons, the employer is obliged to notify the employee in writing no later than two months.

By virtue of Part 6 of Art. 74 of the Labor Code of the Russian Federation if the employee refuses to continue working in part-time mode (shift) and (or) part-time work, the employment contract is terminated in accordance with paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation. In this case, the employee is provided with appropriate guarantees and compensation.

According to par. 2 p. 2 Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation” with the introduction of part-time (shift) and (or) part-time work, as well as with the suspension of production, the employer is obliged to inform in writing about this in bodies of the employment service within three working days after the decision to hold relevant activities.

SUMMARY The employer does not unilaterally have the right to change the terms of employment contracts, including part-time work, unless the terms of the employment contract defined by the parties cannot be maintained for reasons related to changes in organizational or technological working conditions (changes in equipment and technology) production, structural reorganization of production, other reasons). Changing the conditions of the employment contract is carried out in the manner prescribed by Art. Art. 72, 74 of the Labor Code of the Russian Federation.

The procedure for the introduction of part-time work at the initiative of the employer

The procedure for the introduction of part-time work on the initiative of the employer should be as follows:

The decision of the employer (issuing an order), taking into account the views of the trade union body (if any);

Notification of employees;

If the employee agrees to continue the work, he signs an additional agreement on changing the conditions of the employment contract, and if he refuses, he will issue an order of dismissal.

The introduction of part-time work ends with its cancellation.

The law does not limit the number of cases of introducing part-time work in an organization, but in each of them the employer must have documentary evidence of the reasons for establishing such a regime, because if a dispute arises, it will be necessary to prove the need for its introduction (paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation").

If the order to establish part-time work with the introduction of mode part time  or of the incomplete working week, the specific date of termination of work in this mode is not specified or the mode is canceled ahead of time, then the employer must issue an order to cancel the regime, concluding an additional agreement with the employees.

Notifying employees about upcoming part-time work

On the basis of the order on the introduction of part-time work with an indication of the modes of work, the employer notifies employees about upcoming changes in the conditions of the employment contract, as well as the reasons that necessitated such changes. It is necessary to notify in writing under the signature of each employee no later than two months before the introduction of changes (part 2 of article 74 of the Labor Code of the Russian Federation). In case of refusal to sign a corresponding act is drawn up.

It is advisable to indicate in the notification that in case of disagreement with the changes, the employee must notify the employer in writing, and set an appropriate period for this. In any case, the employer needs to obtain written evidence of a decision (consent or refusal).

If the employee refuses to continue working part-time and (or) part-time, the employment contract is terminated on the basis provided for in paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation. In this case, the employee is provided with appropriate guarantees and compensation (part 6 of article 74 of the Labor Code of the Russian Federation).

Conclusion of an additional agreement with the employee in the introduction of part-time work at the initiative of the employer

When establishing part-time work with the introduction of part-time work (shift) and (or) part-time working hours, an additional agreement is entered into by the employer in accordance with the order of the organization with employees ready to continue working in the changed conditions. It specifies new (modified) conditions, i.e. working time and amount of payment.

The employer is also obliged to conclude an additional agreement with employees when canceling part-time or part-time work, if the expiration date is not initially defined or the established mode is canceled early.

Registration of the work record and personal card of the employee in connection with the establishment of part-time work

Information on the establishment of part-time working hours is not entered in the workbook (Article 66 of the Labor Code of the Russian Federation, paragraph 4 of the Rules for the maintenance and storage of workbooks, the manufacture of workbook forms and the provision of employers with them (approved by Government Resolution No. 225 of April 16, 2003)) .

Information about part-time work is also not indicated in the employee's personal card (Form N T-2), since it is not related to admission, permanent transfer to another job, or other information to be included in this form.

Registration of the sheet of the account of working hours at an establishment of a mode of part-time at the initiative of the employer

Accounting of working time is carried out according to the unified form N T-12 or N T-13 (approved by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1 "On approval of unified forms of primary accounting documentation on labor accounting and its payment").

For example, the form N T-13 is filled in the following way: in the upper lines of column 4 opposite the employee’s name, for which the part-time mode is set by the employer’s initiative, an alphabetic (NA) or numeric (25) code is entered, and the lower lines indicate the duration part time.

When establishing a part-time week, additional non-working days in the report card are marked as weekends.

Part-time order by employee’s initiative sample

It turns out that workers should pay extra for 16 hours of inactivity. This is due to the fact that the obligation of the employer arises in the presence of certain circumstances that must be confirmed. Part-time work (in practice, as a rule, part-time) c. Be specified in the order for admission to work (Appendix 1). The director refused me, citing the fact that the charter of their LLC does not say anything about the possibility of working part-time. Since there is no unified form, make it in an arbitrary form. It is published taking into account the opinion of the elected body of the primary trade union organization in the manner prescribed by Art. 372 TC.

At the request of a woman with a 11-year-old child, part-time work was established (part-time work) (Section 1, Part 2, Art. 289 of the Labor Code). Part-time work can be in the form of part-time (reducing the duration of daily work for a certain number of hours), part-time working week (the normal working day remains, but the number of working days per week decreases), part-time and part-time working combinations (for example , working hours 5 hours at 4 working days per week).

How to transfer an employee to part-time?

If the employer decides to unilaterally establish part-time work for all employees or for certain categories, then he should be guided by art. 74 of the Labor Code of the Russian Federation Changes in the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions. Regardless of the mode of operation leave provided in full. In addition, these workers must be informed in writing of their right to refuse to work at night. Cancellation of part-time work before the period for which they are installed, is made by the employer, taking into account the views of the representative body of the employees of the organization (article 73 of the Labor Code of the Russian Federation).

With a simplified method of calculating the average number of part-time workers, part-time work per day is divided by the length of the working day. But in some cases, the administration is obliged to establish such a regime employee. When it is available, it will be necessary to conclude an additional agreement to the employment contract to change working conditions.

An enterprise (as well as an individual entrepreneur with employees), within the framework of the current legislation, has the right to establish a shorter workweek rate than 40 hours per week (part 2 of Article 50 of the Labor Code of Ukraine). It is also necessary to make changes to the employment contract or to issue an additional agreement to the employment contract, since working time is an essential condition of the contract (article 57 of the Labor Code of the Russian Federation).

Pay for part-time work is carried out in proportion to the hours worked (with time-based wages) or depending on output (with piece-rate wages). Strike out the subject of the document, which in this case corresponds to the establishment of part-time work (week).

Therefore, if there was an order for transfer, it is not legal.

Part-time work is established at part-time work (see Art. 284 TC), as well as in cases where the organization provides for an incomplete wage rate in the staffing table. After that, it is necessary to issue an order on the introduction of incomplete.

On what grounds and in what order can you make and file a decision to establish part-time work? The rest of the information in this document is listed above.

Example 6 Collapse Show

TO overtime work  not allowed: pregnant women, women with children under the age of three years, employees under the age of eighteen years, workers studying on the job in secondary schools and vocational schools, on occupation days, other categories of employees in accordance with the law. No additional agreements to employment contracts are required. In vain you told her about the abbreviation, she cannot demand this, because according to Part 4 of Art. 74 of the Labor Code of the Russian Federation: "In the absence of this work or the employee’s refusal from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code."

How to transfer part-time workers on the initiative of an employee, there is a statement, which

In order to arrange the transfer of staff to part-time, you need a written statement from the employee. An order to transfer an employee to part-time work is drawn up in any form. It is also necessary to make changes to the employment contract or to issue an additional agreement to the employment contract, since the working time is an essential condition of the contract (article 57 of the Labor Code). In some cases, you need to make changes to the staffing. For example, it can indicate that since the position involves part-time work, the number of required staffing units is 0.5.

Elena Popova Master (1376) 5 years ago

Additional Agreement No.

to the employment contract (contract) № from

hereinafter referred to as the Employer, represented by

acting on the basis of the Charter, on the one hand, and

hereinafter referred to as the worker, on the other

the parties have entered into this supplementary agreement as follows:

1. Item ____ of the employment contract (contract) No. of

Part-time work: legal assistance to employees

Part-time work in accordance with the labor legislation may be established by the employee for various reasons:

1. Part-time work by agreement of the parties.

Those. the agreement between the employee and the employer establishes a certain work time which is less than the established norm (for example, instead of eight hours per day, the working day will be 6 hours). But, if part-time work is established by agreement of the parties, that is, the employee is not included in the list of persons that will be given below, the employer has the right to refuse to conclude such an agreement.

2. Part-time work at the initiative of the employee, namely:

Pregnant woman;

One of the parents, as well as the guardian and caregiver, having a child under 14 years old (a disabled child under 18 years old);

Persons caring for a sick family member (a medical certificate is required);

Women on leave to care for a child until they reach the age of three, the father of the child, grandmother, grandfather, another relative or guardian who actually takes care of the child;

Graduate student studying in absentia.

At the request of these persons, the employer is obliged at the request of the person to establish a part-time (shift), part-time or combination of part-time work.

Incomplete working time for a pregnant woman.

As we see, the employer is obliged to establish part-time work only for a woman who is in a state of pregnancy. Consequently, under normal conditions with a woman, as with any other employee, part-time work can only be fixed by agreement of the parties. As for a pregnant woman, she has the right to apply to the employer with the requirement to transfer to part-time work, both during employment and later.

Part-time work for a parent (guardian, caregiver) who has a child under the age of 14 (a disabled child under the age of 18).

In this case, the employer has the obligation, at the request of such an employee, to establish part-time work, but only in cases where the second parent does not work in such a mode. Those. of two parents, only one has the right to demand from the employer the establishment of part-time work for him.

Part-time work for the caregiver of a sick family member.

It is also established, at the request of the employee, but only if there is a medical certificate, which states that the family member of the employee needs constant care.

3. Part-time work at the initiative of the employer.

The establishment of this mode of working time will entail a change in the employment contract. This can occur only in the event of a change in the organizational or technological working conditions that may entail a massive dismissal of workers. Such a regime may be introduced for a period not exceeding 6 months. The employer is obliged to warn the employee no later than 2 months before the introduction of such a mode of working time. At the same time, it must be borne in mind that if an employee refuses, the employer has the right to terminate the employment contract on the basis of clause 2 of part 1 of art. 81 TC (reduction of the number or staff of the organization, an individual entrepreneur).

1.The fact of part-time work in the workbook is not displayed.

2.If the employee has already been given part-time work, the transition to full-time work is possible only with the consent of the employee

3. Part-time work does not entail any restrictions for the employee, i.e. the duration of annual leave must remain unchanged, the calculation of the work experience will be carried out in the same manner.

4. Wages during part-time work are paid in proportion to the hours worked or taking into account the amount of work completed. At the same time, wages may be lower than one minimum wage.

Rules for writing a request for part-time work

Employees who wish to establish part-time work should write a statement, reflecting in it:

1. working time (for example, from 9.00 to 15.00 with a break for lunch);

2. type of part-time work (part-time, part-time or mixed mode);

3. The date from which the employee will be set part-time.

The employee must attach all the necessary documents that will confirm with certainty that there are grounds for part-time work. For example, a woman raising a child under the age of 14 who wants to free up the morning and evening, in order to be able to take and pick up the child from kindergarten, must provide a certificate of operation of the preschool institution, the birth certificate of the child. In the absence of supporting documents, the employer may refuse to establish part-time work. But in order to prevent disputable situations, he may make a request for the provision of missing documents. Refusal to offer the necessary documents should be done in several copies - one of which will be given to the employee, and the other with the signature of the employee in the familiarization will remain with the employer.

If the application is submitted with all the necessary documents, the employer issues an order establishing part-time work. There is no order form, however, the organization can use the sample order filling form.

Then the employer is obliged to familiarize the employee with the order under the painting.

Relationship with staff in a crisis

The unstable economic situation in the country caused a decline in output, production and services. Organizations are in a difficult financial situation. Therefore, now the issue of enhancing the social protection of workers, which is in the first place difficult financial situation, is quite acute.

How can an employer properly build relationships with employees without infringing on their rights, while preserving their business? One common solution for all does not exist. It all depends on the specific financial situation in which the organization is located. In any case, every effort should be made to retain staff. If this turns out to be impossible, then the dismissal procedure is inevitable.

The legislation provides for certain measures that the employer is entitled to take in order to save jobs. One such measure is the introduction of part-time work.

According to Article 93 of the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation), by agreement between the employee and the employer, part-time (shift) or part-time work can be established both upon admission to work and later. Remuneration in this mode is made in proportion to the hours worked or depending on the amount of work done. At the same time, the duration of the annual basic paid vacation is not reduced, the procedure for calculating seniority is not changed, and other labor rights of the employee are not limited.

By general rule  the terms of the employment contract (including on working hours) can be changed only by agreement of the parties - the employer and the employee in writing. However, according to Part 5 of Article 74 of the Labor Code of the Russian Federation, an employer has the right to unilaterally introduce part-time work, for reasons related to changes in organizational or technological working conditions, which may entail massive dismissal of workers. The legislator does not define the concept of “changes in organizational or technological working conditions”. Therefore, it is interpreted widely. These changes include the reorganization of the enterprise, the development of new and the closure of outdated production that does not meet modern safety requirements, etc. changes in working conditions within bankruptcy procedures. Separately, you can take into account the opinion of experts, experts who believe that you can include the difficult financial situation of the enterprise caused by the economic crisis in the country. Although right in the law about this is not said. And how the State Labor Inspectorate will react is difficult to say. The question is controversial and there is no definite answer to it.

In any case, the employer has the right to unilaterally enter part-time work, subject to the following conditions:

An example of such a notification is the following sample:

(LLC "Aktiv")

Department master

product assembly

O.I. Kuznetsova

NOTIFICATION

September 30, 2008 №5

On the introduction of part-time work

Dear Oleg Ivanovich!

In connection with the refurbishment of the refrigeration equipment assembly shop and the temporary suspension of its work, as well as in order to prevent mass dismissal of workers and preserve jobs, Aktiv LLC represented by Director V. Generalov. notifies you of the introduction of part-time working hours from December 01, 2008 for a period of six months.

For the specified period, you are set to the following mode of operation:

Five-day working week with two days off (Saturday, Sunday);

The duration of the working day is 3 hours (the start of work is 09.00, the end of work is 12.00).

Payment is made depending on the amount of work performed.

I inform you that in case of refusal to continue working in this mode, the employment contract concluded with you is subject to termination in accordance with paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation (due to staff reductions) and the provision of guarantees and compensations established by current legislation.

About your consent or disagreement to work part-time I ask on the second copy of the notification to make the appropriate mark and return it to the personnel department.

_____________________ (Signed) O.I. Kuznetsov

(agree, disagree) (date)

The employee puts his signature on the notice: he agrees with the new conditions or disagrees. If the employee agrees to work in the specified conditions, an order is issued. Drafting an additional agreement to the employment contract is not appropriate, since the establishment of part-time work is not permanent.

Example order on the introduction of part-time:

Limited liability company

(LLC "Aktiv")

November 28, 2008 № 46

About mode introduction

part time

In connection with the refurbishment of the refrigeration equipment assembly shop and the temporary suspension of its work, as well as in order to prevent the massive dismissal of workers and preserve jobs, guided by article 74 of the Labor Code of the Russian Federation,

I ORDER

1. To introduce for the period from 12/01/2008 to 05/31/2009, part-time work for all employees of the product assembly department:

2. To establish for the period from December 1, 2008 to May 31, 2009 for the employees indicated in paragraph 1 of this order the following mode of operation:

4. To the head of the personnel department Ivanova S.S. familiarize employees with this order under the list.

5. I reserve control of the execution of this order.

Director (signature) V.S.Generalov

Familiarized: Full Name Date Signature

Full name date of signature ...

If an employee refuses to continue part-time work (shift) and (or) part-time work, then the employment contract with him is terminated in accordance with paragraph 2 of part one of article 81 of the Labor Code (on reduction of staff, number). In this case, the employee is provided with appropriate guarantees and compensation.

When introducing part-time work, the employer must take into account that changes in organizational or technological working conditions must be real and demonstrable (in case of a labor dispute). In the absence of evidence, the change, on the initiative of the employer, of the terms and conditions of the employment contract determined by the parties may be deemed illegal.

Cancellation of part-time work before the period for which it was installed, is made by the employer, taking into account the opinion of an elected body of the primary trade union organization (Part 7 of Article 74 of the Labor Code of the Russian Federation).

After the period specified in the notice and order, the employee returns to the normal work schedule, regardless of whether there is such a possibility or not. Therefore, if during the period of the part-time work, the employer concludes that after six months the organization for any objective reasons (economic, technological, organizational) will still not be able to return to normal operation, it should start plan any other activities.

For example, if an organization is temporarily unable to provide employees with work under conditions of an employment contract in a crisis, then the employer may find a way out of the situation. According to the Labor Code, a simple one is a temporary suspension of work for economic, technological, technical or organizational reasons.

During idle time, the employee is paid in the manner prescribed by article 157 of the Labor Code of the Russian Federation.

Downtime due to the fault of the employer is paid in the amount of not less than two thirds of the average wage of the employee.

Idle time for reasons beyond the control of the employer and the employee - in the amount of not less than two thirds of the tariff rate, the salary calculated in proportion to the idle time.

Idle time due to the fault of the employee - not paid.

Downtime can occur for internal and external reasons.

Internal causes:

Reasons of a technical nature (malfunctions of production equipment, etc.);

The reasons of organizational nature (late delivery of raw materials, materials, spare parts, etc.);

The reasons of technological nature (destruction or damage of property);

The reasons of an economic nature (lack of orders or sales of manufactured products, the difficult financial situation of the organization)

External causes, as a rule, do not depend on the employer, for example, interruptions in water supply, power outages, etc.

During downtime, the organization bears certain costs. It is clear that the employer, trying to save money, draws a simple for reasons beyond the control of the employer and the employee. However, in the case of a trial, this circumstance will also have to be proved.

For example, the absence of orders is considered a classic downtime caused by the employer. Article 22 of the Labor Code of the Russian Federation directly indicates that the employer is obliged to provide employees with work that is stipulated by the employment contract. In practice, a rare employer draws this circumstance as his guilt. Some experts in the field labor law  they also do not recognize as the fault of the employer the deterioration of the financial and economic situation in the country and, as a result, the announcement of this downtime due to circumstances beyond the control of the parties.

In any case, the list of documents confirming the employer's innocence will depend on the specific reason that caused the idle time. In this case, the mandatory documents are the order for the appointment of a special commission, the act of investigating the causes of downtime.

The fact of idle time must be documented. There are no standardized forms for this. However, in this document (this may be a special act or sheet of accounting for idle time), the start time of the idle time, the idle date, its duration, the reasons for the down time, etc. are recorded.

An example of such a document is the following sample:

Limited liability company

(LLC "Aktiv")

November 28, 2008 # 1

Time of drawing up the act: 10 h. 45 min.

This act was compiled by the head of the product assembly department, Ivanov Vasily Petrovich, as follows:

November 28, 2008 at 10 hours 25 minutes due to the lack of components for the assembly of refrigeration equipment, the work of all employees of the product assembly department was suspended:

Kuznetsov Oleg Ivanovich - master;

Svetlov Igor Petrovich - master;

The reason for idle time: the lack of delivery of components under the contract of May 19, 2008, No. 68/08.

(signature, date) V.P. Ivanov

On the basis of this document, an order is issued, which also reflects information about the beginning of downtime, its duration, and the procedure for payment of downtime.

This order can be issued as follows:

Limited liability company

November 28, 2008 # 46

About declining downtime

Due to the temporary suspension of the product assembly department,

I ORDER

Kuznetsov Oleg Ivanovich - master;

Svetlov Igor Petrovich - master;

2. Chief Accountant N.V. Vasilyeva to ensure payment of idle time to the employees specified in clause 1 of this order in the amount of two thirds of the salary calculated in proportion to the idle time.

3. The head of the personnel department Ivanova SS:

Ensure accurate recording of downtime;

Familiarize workers with this order under the painting.

4. I reserve control over the execution of the order.

The basis: the act from 27.11.2008, №1.

Director (signature) V.S.Generalov

Introduced: (signature, date) N.V. Vasilyeva

(signature, date) S.S.Ivanova

(signature, date) O. I. Kuznetsov

(signature, date) I.P.Svetlov

On the basis of these documents, entries are made in the timesheet (forms T-12, T-13). To account for working time in the card are two lines: one line indicates the code of forced downtime (idle time due to the employer's fault - "RP". Idle time for reasons not dependent on the employer and employee, - "NP", downtime due to the employee's fault - "VP"), and on the other - the number of his hours.

As follows from article 107 of the Labor Code of the Russian Federation, the idle time does not refer to the rest time of workers. Therefore, experts, commenting on this provision, usually point out that when idle, workers must be in the workplace, and this fact must be documented.

At the same time, by the order of the head of the organization, an employee may be relieved of the need to be present at the workplace during idle times before a certain date. In this case, the above example of the order to declare idle time must be supplemented with information that is declared simple with the right to absenteeism, as well as the paragraph with the following content:

“Set the time for workers to work at the positions specified in paragraph 1 of this order - January 30, 2009 at 09.00. Early withdrawal is allowed by written order (instruction) of the head. "

It is worth noting that in this case, absenteeism is not a vacation (Article 114 and 128 of the Labor Code of the Russian Federation). The employer has the right to stop absenteeism at any time, and the employee is obliged to take up his job duties. Usually, in practice, this simple is called "forced vacation." If such a "vacation" is paid according to the rules of downtime, then its provision does not contradict the law.

There are no “forced” vacations without pay at the initiative of the employer by labor legislation. This is confirmed by the Explanation of the Ministry of Labor of the Russian Federation of June 27, 1996 No. 6 “On vacations without pay at the initiative of the employer”.

Providing vacations for employees at their own expense for the period of inactivity is a gross violation of the law. If employees, through no fault of their own, cannot fulfill the obligations stipulated in the labor contracts concluded with them, the employer must pay for downtime. Otherwise, employees are entitled to appeal the actions of the employer to the labor dispute committee or to the court. In this case, the employer will be obliged to pay for downtime. In addition, for violation of labor laws, the employer faces an administrative fine. The labor inspectorate may bring to justice the head and the organization itself under article 5.27 of the RF Code on Administrative Offenses. It provides for a fine for a director from 1,000 to 5,000 rubles; for an organization, from 30,000 to 50,000 rubles. In addition, the activities of the organization may be suspended for up to 90 days. In the event that a company is re-involved under this article, the manager may be disqualified for a period of one to three years.

Leave without pay may be granted to an employee only upon his written application for family reasons and other valid reasons (Article.128 of the Labor Code of the Russian Federation), and the duration of such leave is determined by agreement between the employee and the employer. It is worth noting that in the Labor Code there is no clear definition of the concept of “valid reasons”. The employer may collective agreement, the rules of internal labor regulations or other local regulatory acts of the organization, based on labor laws, provide a list of valid reasons for which an employee can apply for leave without pay.

Based on the application, an order is issued in the unified form T-6. Information about the provided vacation is recorded in the employee's personal T-2 card, as well as in the time sheet in which the vacation time without pay is agreed with the employer with the code "TO".

Another way to reduce costs for an employer is to lower the wages of employees. However, in this case, the difficulty lies in the fact that wages are one of the essential conditions of the employment contract. Therefore, the employer has no right to unilaterally change it (Article 72 of the Labor Code of the Russian Federation). If an employer wants to change an employee's wage conditions, he must offer the employee to sign an agreement to amend the terms of the employment contract defined by the parties. However, it should be borne in mind that if an additional agreement simply prescribes a reduction in salary to a certain amount, it is unlikely that such a change would be considered legal. In this case, it is necessary to take into account the provisions of articles 22 and 132 of the LC RF. In the supplementary agreement to the employment contract it is necessary to write that the number of duties of the employee decreases (the value, quantity and quality of labor also decreases then) or the volume of duties decreases, therefore the salary decreases. The job description also reflects these changes, with which the employee must be familiarized against signature. Thus, in the absence of the consent of the employee legally, this procedure is not feasible.

It is clear that the employer is directly interested in preserving the team and image of his company. And he will be able to achieve this only with strict observance of all legal requirements.

In conclusion, I would like to note the following: if the company does not succeed in getting out of the crisis while retaining the personnel, a decision should be made about the dismissal of employees.

In the next article we will consider the most acceptable reasons for termination of an employment contract.

In a crisis, many employers to save workers and save costs carry out.
  If the initiator of such a transfer is the employee document management is easier, if the employer - more difficult. From the records in personnel documents will depend on the calculation of payments.

TRANSFER TO THE WORKER INITIATIVE

In accordance with Part 1 of Article 93 of the Labor Code of the Russian Federation, the employee has the right to ask the employer to transfer it to an unlimited transfer period. In this case, you will need to issue three documents:
   - application of the employee;
   - supplementary agreement to the employment contract;
   - the order of the head.

From the written statement of the employee should be clear:
  - what mode of operation he asks to install. The employee's specific duration of work is preliminarily discussed with the employer;
- from what date and for what period (or indefinitely until personal circumstances change).

The supplementary agreement to the employment contract is prescribed a modified mode of operation.

The employer's order for an employee's new work schedule is necessary for the calculation of earnings. In addition to the mode of operation, the order of the manager must reflect the procedure for remuneration either proportionally to the hours worked or depending on the output. If the payment will be made in the first option, you must specify the full salary, and its part which will be paid. If an employee is assigned part-time work and he works three hours a day, he still has a lunch break. Therefore, it should be prescribed in the order of its minimum duration - 30 minutes during the working day.

TRANSLATION ON THE INITIATIVE OF THE EMPLOYER

For there must be grounds. This mode of operation can be entered if:
   - organizational or technological working conditions have changed;
   - these changes threaten with massive layoffs.

Criteria for mass layoffs are established in a sectoral or territorial agreement. If the company has not joined them, apply general criteria. They are indicated in clause 1 of the Regulation, approved by Decree of the Government of the Russian Federation of 05.02.93 No. 99.

An employer may enter part-time work without the consent of employees under the following circumstances:
   - for a department or group;
   - all employees.
  At the initiative of the employer, this mode of working time can be set for a period not exceeding six months.

When the initiator of the transition to part-time work is the employer, the list of documents and the procedure will be different.
  The order of the head indicates:
  - which employees (departments, workshops) are transferred to part-time work;
  - part-time work;
  - payment order.

If the company has a trade union, it is necessary to coordinate the draft order with it.
  The fact that the employer unilaterally introduces part-time employment to employees must be informed in writing within two months. Employees can immediately reflect their consent (refusal) to work in this mode in the notification. And they can take time to think and report their decision to the personnel department a little later.

That the company plans to introduce part-time work is notified to the employment service. It takes three days after the decision is made. But what is meant by the decision, the law does not say. Notification to the employment service is made in any form.

EMPLOYEE'S RESPONSIBILITY TO TRANSFER THE EMPLOYEE TO INCOMPLETE EMPLOYMENT

The employer is obliged to transfer the employee to part-time employment in three cases:
  1. at the request of a pregnant worker;
  2. at the request of the parent (guardian, custodian) of a child under the age of 14 years (a disabled child under the age of 18 years);
  3. at the request of an employee who cares for a sick family member in accordance with a medical certificate.

It is not uncommon for an accountant, paying one or another amount to an employee, to ask himself: is this payment of personal income tax and insurance premiums? Is it taken into account for tax purposes?

Half-time translation

When applying for a job with an employee, an agreement is reached on working conditions, including on work hours, working hours, pay, etc. In the future, for various reasons, there may be a need to make a half-time translation. We will tell you about the rules for such a change in the working conditions of an employee in this article.

Part-time translation at the initiative of the employee

With the initiative to reduce working time can make an employee himself. For a variety of reasons (studying, working, caring for a family member, etc.), an employee may ask the employer to allow him to work off the entire rate and reduce his working hours. The payment for this will be in proportion to the hours worked. In this case, the employee writes a half-time transfer statement, a sample of which is given below. Upon receipt of such a statement, the employer must consider it and make its decision.

Sample application for transfer to part-time

Not in all cases, the employer is obliged to meet the employee. According to Art. 72 of the Labor Code of the Russian Federation, a change in the condition on working time occurs with the consent of both parties, and not unilaterally. Therefore, the employer may refuse.

However, in the Labor Code there are rules according to which an employer must nevertheless decide in favor of an employee and set part-time work for him. So, according to Art. 256 of the Labor Code of the Russian Federation, persons caring for a child, being on maternity leave for up to 3 years, are entitled to request a transfer to part-time work. The employer must satisfy this requirement. Otherwise, it can be brought to responsibility under the Administrative Code of Russia.

Thus, the employer, having considered the application for transfer to part-time, or is obliged to satisfy it (in the cases specified in Art. 93,), or has the right to do so. If the issue is approved, an additional agreement is entered into with an employee to change working conditions, which, in fact, fixes part-time work, stipulates new payment terms. Subsequently, an order is issued to transfer part-time (a sample is given below).

Sample of the order to transfer part-time

Half-time translation at the initiative of the employer

The initiator of the transfer is often the employer, which offers the employee to reduce working time. Depending on the reasons for such a proposal, the legal relations between the parties may take different forms.

As a general rule, formulated in Art. 93 of the Labor Code of the Russian Federation, transfer to part-time work can only occur with the consent of both parties. That is, if the employee does not agree, then the employer does not have the right to transfer it to part-time work.

However, if the company has changed organizational and technological working conditions, then the working conditions of a particular employee, including working time, can be changed by the employer. The following rules must be observed:

• about such changes the employee must be notified in advance (no later than 2 months);
• it is not allowed to change the employee’s job function;
• the employee may refuse to work in the changed conditions, and then the employer is obliged to offer him existing vacancies.

If the employee refuses from the proposed vacancies and does not want to work in the new conditions, then he is dismissed.

With the employee’s consent for part-time translation, an order to change working hours is issued by the employer and the employee is transferred to part-time work.

It should be noted that the term “translation” in this case has a slightly different meaning than in the Labor Code. According to the terminology of labor law, the term “transfer” means a change in the position or place of work of an employee. In this case, neither the place of work, nor the position does not change, therefore, as such, the translation is not carried out. Only the condition of working time changes.

Application for a shortened working day it does not make sense to write, since the reduction of working time does not occur at the request of the citizen, but by virtue of the law. Many people confuse the concepts of “abbreviated day” and “part-time”, so they are mistakenly looking for information on how to make a statement for a shortened day. The law provides for writing a statement only for a transition to part-time or a week, and how to compose it, will be discussed below.

  How to go on a part-time or week-driven employee

In order for an employer to establish a part-time or week job for an employee, he needs to receive a statement from him, after which an agreement is made on changing the schedule, and the worker is transferred to a new mode of operation. In some cases, part-time work may initially be prescribed in the employment contract. Let us dwell on the case when an application is required.

The legislator does not prescribe any requirements for the form or the content of the document. Therefore, the employee has the right to write a statement based on his own wishes, and may take into account the requirements of the employer (registration on a special form, compliance with the rules for writing documents established in the organization, etc.). Sometimes, HR professionals issue a sample application that needs to be completed.

  How do you write an application for an incomplete (reduced) working week or day (sample)?

An application for a part-time or a week is made in writing and begins with the name of the employing organization and its director in the head of the document. The following is the data of the employee (position, structural unit and F. I. O.).

Then in the middle of the sheet is written the word "Statement". Following the worker sets out the text, which should indicate not only the request for translation, but also the reasons. For example, a statement might look like this:

“I ask you to give me the right to work part-time from 11.10.2016 to 25.11.2016 in connection with pregnancy (to establish a working day 7 hours).”

The next section of the statement is the attached documents. These can be attributed to various kinds of certificates, papers from government bodies, etc. This is indicated as follows: “Appendix: a certificate from the State Healthcare Institution of the State Committee on State Cancer for pregnancy on 1 l. in 1 copy. "  If a copy is attached, then this must also be written.

A sample application for the transition to part-time or weekly can be found on our website.