How to correctly draw up an order establishing part-time work?

According to the Labor Code of the Russian Federation, the number of working hours cannot exceed forty hours per week. This duration is considered normal. There are also certain categories of workers whose norm is below the 40-hour mark. In labor practice, there is the concept of part-time work. It is established by agreement of the employees.

A part-time/part-time work week is agreed upon between the worker and the employer, in which it is possible to discuss and agree on almost any duration. To legally formalize such a regime, it is necessary to draw up several documents.

Order for part-time work at the initiative of the employee

Any employee can set this mode of operation. For example, those employees who undergo training in the organization. There are also workers who, upon request, must be required to establish such a work schedule. These include:

  • Pregnant;
  • One parent (or guardian or trustee) of a child under 14 years of age, a disabled child under 18 years of age;
  • Persons raising without a mother a child under 14 years of age, a disabled child - up to 18;
  • Persons caring for a family member who is sick according to a medical certificate.

Such employees have the right to count on part-time work for the period of the employees’ circumstances. To switch to this mode of operation, employees write an application, to which are attached documents confirming the right to this request. For example, a certificate of pregnancy, or a certificate of disability of a child.

Important! An employee can independently decide to switch to part-time work. But if the employee does not have compelling reasons for such a work regime, the employer has the right to refuse.

How to transfer an employee to a part-time work regime will depend on who initiated the transfer to such a regime. Such a regime can be established by agreement of the parties either for a specific period or indefinitely. When such a regime is negotiated when hiring, it must be fixed in the employment contract. If the contract with the employee has already been concluded, then the transfer to part-time work is fixed in the additional agreement.

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Entry in the work book

An entry in the work book is made by an employee of the HR department; the document standardly indicates the fact that the employee has been accepted for a specific position, and indicates the name of the organization along with the structural unit. Please note that the entered data must be stamped.

No additional notes about part-time work can be made, since the work book is filled out according to standard rules, in accordance with current instructions. But information about part-time work is recorded in the employment contract, which is also supplemented by an order for employment at 0.5 rates.

Part-time work is a fairly popular phenomenon; in certain cases it is convenient for workers and allows employers to save part of their budget. In addition, the legislation of the Russian Federation allows citizens working part-time to be registered in several places at once.

There is no need to be afraid that such a schedule will limit the employee’s civil rights, for example, to rest on holidays or vacation days; the adjustments only concern the length of working hours and wages.

Order for part-time work

Every employee can count on part-time work, but the employer’s positive or negative decision depends on which category he belongs to.

When an application is written by an employee who, by law, has the right to work part-time, the employer has no right to refuse. If the application is written by other categories of employees, the employer can decide to provide such conditions or refuse them.

To transfer to part-time work, the employee must write a free-form application. The application must be accompanied by documents that either confirm the right to such a work schedule or justify the employee’s request.

The new work regime must be specified in the additional agreement to the contract with the employee. After this, an order is prepared that prescribes a new part-time work schedule. There is no special form for this type of order, so it can be drawn up in free form.

The part-time mode can be established immediately upon hiring. In this case, the employment contract must contain information about the duration of such a regime in time. The wording may be as follows: “The employee is assigned part-time work of 20 hours per week” (

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Salary

Any order establishing a part-time day specifies the regime and amount of remuneration.

If a part-time work regime is established, the salary will in any case decrease. This situation is due to the fact that payment for part-time work is made in proportion to the time the employee works. Everything is related to the amount of work performed by the employee.

At the same time, part-time work does not serve as a basis for limiting the duration of paid leave, calculating length of service and other labor rights. Average earnings per day, which affects the payment of travel allowances, vacations and sick leave, are determined as always.

If an employee works more hours than he is entitled to due to a transfer, then the extra hours are considered overtime and are paid accordingly. Work on weekends with part-time work will also be paid at an increased rate.

What is deposited wages and in what order are they paid at the enterprise - read here.

Application for transfer to part-time

If an employee asks for part-time working hours during the employment relationship, then when maintaining personnel records it is necessary to formalize a change in the terms of the employment contract by signing an additional agreement to the employment contract. If part-time working time is established at the initiative of the employer, then when maintaining personnel records it is necessary to follow the established procedure for introducing part-time working time: notification of employees, employment services, etc.

As you can see, part-time work when maintaining personnel records requires mandatory documentation and knowledge of the list of documents that are necessary for its preparation.

As part of the provision of services for maintaining personnel records, our Personnel Records Department includes the preparation of a complete list of personnel documents for establishing part-time work, depending on the reasons for the introduction of such a regime. Our HR services also include the preparation of time sheets, which reflect the duration of part-time work.

In addition, our HR will advise you on all issues related to compliance with labor laws, including how correctly and safely it is to establish part-time work for your employees.

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When is it issued?

Management is obliged to draw up an order for early exit if an application with a corresponding request is received. Only parental leave can be interrupted, and it does not matter whether the director agrees to this or not. The form should indicate the date of return to work indicated by the applicant.

Procedure for leaving work early.

Important! Unlike leave until the child is 1.5 or 3 years old, maternity leave is not subject to suspension unless the employer gives consent.

The content of the order depends on the essence of the request. There are two options for going to work:

  1. Early full-time employment with termination of benefit payments for up to 1.5 years.
  2. Early employment on a part-time basis while maintaining monthly benefits for up to 1.5 years.

The essence of the instructions will be somewhat different in both cases. In the first case, vacation will be suspended, benefits will not be paid, and the employee will work full time under the same conditions. In the second case, the vacation time will continue, the monthly payment for child care will remain, to which the salary will be added on a part-time basis.

In addition to the order, in the second case an additional agreement with a new work schedule must also be drawn up.

Which form should I use?

A standard form has not been developed for the purpose of registering a maternity leaver’s return to work, so an order is drawn up taking into account the standards established in the organization.

When going on a part-time day, it is enough to draw up only one administrative document, which will contain two orders: on early termination of vacation and on setting the appropriate rate.

Important! Sometimes personnel officers draw up two orders: the first about leaving the vacation, the second about transferring to part-time work. This is a gross mistake that will lead to the employee losing her child care benefits.

Publication dates

The order can be issued on any day, no later than the deadline for going to work. If a request from a maternity leaver is submitted immediately on the day before returning to work, an order must be prepared no later than the next day.

If in place of the maternity leaver at this moment someone is working on fixed-term conditions, it is necessary to terminate the employment contract with him without observing a three-day notice period.

Important! The employer does not have the right to refuse the applicant or postpone the moment of leaving parental leave without agreement with the employee.

Compilation rules

The order is usually completed by a personnel specialist after receiving a written message from the employee.

The following information is included in the administrative form:

  • place of publication - company name, city;
  • day of drawing up the order - may be current;
  • title and heading - the latter briefly explains the contents of the order;
  • basis for drawing up - usually this part contains a reference to a regulatory document (Article 256 of the Labor Code of the Russian Federation) and a documentary basis - an employee’s statement;
  • orders - the wording is influenced by the content of the request from the appeal, samples can be viewed below;
  • manager's signature;
  • introductory signature of the applicant whose vacation is interrupted.

The administrative part may contain the following wording:

  1. Set a new end date for leave in connection with going to work early, stop paying benefits for up to 1.5 years and make an entry in the personal card if the applicant wants to go full time.
  2. Allow work during a period of leave of up to 1.5 or 3 years on a part-time basis, indicating its size and exact work schedule, and prepare an additional employment agreement with new conditions, if the application indicates a desire to combine child care and work (if required, then additionally prescribed rest time for feeding).
  3. A person responsible for execution is appointed - this order is always included in the text.

The employee in respect of whom it was issued must be familiar with the order.

Only after putting an introductory signature, the procedure is considered finalized, and the employee can go to his place, according to the terms of the administrative form.

Sample on returning to work early up to 3 years

If in the application the employee writes that he wants to end his care leave and return to his job ahead of schedule, then the order must indicate:

  • specific day of return to work;
  • if the benefit was accrued for up to 1.5 years, then the accountant is given an order to stop this payment;
  • The personnel officer is instructed to formalize the dismissal of a fixed-term employee working in place of a maternity leave, and also to make appropriate changes to the personal card about the end of the vacation period.

An example of an order for full-time early departure from parental leave for a child under 3 years of age:

Example up to 1.5 years part-time

If the application indicates a desire to go to work on a part-time basis while continuing to be on parental leave, then the order must include:

  • start date of employment under new conditions;
  • establishment of a part-time rate, indicating its size, number of working days and rest, hours for feeding the child;
  • order the HR specialist to draw up an additional agreement and coordinate it with the employee.

Sample order for combining vacation of up to 1.5 years and part-time work -:

Regime design

The structure and sequence of entering the part-time order is formed based on who was the initiator.

In case of initiative on the part of the employee, it is necessary to write an application using the details of the organization. The form of the document is arbitrary ; in the application, the employee indicates the reasons why part-time work is necessary and the required duration of the regime itself. This application is registered in the application registration register.

If the initiative to introduce part-time work came from the employer due to the transformation of organizational labor criteria, then the organization must notify the employees, each of them, about this.

Notification of the introduction of part-time work must be made in writing and sent for review no later than two months before this regime enters into force . Each employee is given this notice against signature; if the employee refuses to familiarize himself, a report is drawn up.

Sample of drawing up a notification about the introduction of part-time work.

After signing the notice, each employee signs an additional agreement. Agreement to the employment contract. If refuses to work part-time, the employment contract will be terminated.

Next, this order is issued . But before this, the document is submitted for review to the trade union , which represents the interests of the company’s employees.

After this, the order must be recorded in the order log.

the employment service authorities in writing within a period of up to three working days after the decision to introduce a part-time working order in the organization.

The employer can draw up a notice in any form and send it to the employment authorities by registered mail.

A sample of a notice of the introduction of part-time work for the employment service.

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