Part-time employment contract - sample and advice on drafting

Part-time work is regulated by the norms of the Labor Code of the Russian Federation in Art. 93. This form of employment means that a person works part-time or goes to work less than 5 days a week. Part-time work is possible only by mutual agreement of the parties. The schedule is developed individually by the employer and employee. Apply for a part-time job. Often, HR officers in their practice encounter the concept of “part-time work.” Russian labor legislation does not contain such a definition. How to correctly draw up an employment contract and other documents for part-time work? Changes were made to the Labor Code in 2020 regarding this topic, which this article will help you understand.

Imaginary part-time jobs. A little accounting.

Let's say you receive a salary of 10,000 rubles. From this money you pay personal income tax in the amount of 13%, that is, you give 1,300 rubles to the state in the form of taxes (read an interesting article about personal income tax and VAT here). Please note that these 1300 rubles of tax are paid by YOU, not the company! (the company in this case acts as a tax agent, that is, it deducts the amount of tax from your salary and pays it to the budget for you).

But there are also additional payments to extra-budgetary funds, which the company pays out of its own pocket. This is where the dog lies buried in the exaggerated registration of a part-time employee. Let's do the math.

There are three types of extra-budgetary funds:

PFR - Pension Fund;
FSS - Social Insurance Fund;
MHIF - Mandatory Health Insurance Fund;

For 2020, contributions to these three funds are: 22% of the Pension Fund, 2.9% of the Social Insurance Fund and 5.1% of the Compulsory Medical Insurance Fund. In total, the employer MUST pay an additional 30% of your salary OUT OF HIS POCKET. In the example given, this is 3,000 rubles. It is quite understandable that not everyone wants to pay that kind of money honestly. This is where the fraudulent scheme of working part-time “on paper” comes from - it’s just a way to save money.

By registering an employee according to the above scheme, an unscrupulous employer saves a lot of money. The “savings” will be greater the higher the salary and the larger the number of employees in the company. Calculate how much you can “save” this way, and you will be surprised.

Some will say: so what’s wrong with that, since I receive my salary in full? That’s right, but look again at the distribution of interest rates in contributions to extra-budgetary funds. Most of it goes to the Pension Fund!

Remember

If you work full-time but are registered part-time, your pension contributions are proportionately reduced. The entrepreneur simply puts the difference in his pocket, so this is ordinary theft. Remember this!

You are entitled to this money by law. They are YOURS, even though we never hold them in our hands. This is very real money, and when you retire, the money stolen from you may one day not be enough for you. It will no longer be possible to return them, since the entrepreneur has already bought himself a new car with them or has flown to take a break from back-breaking work abroad. And in general, everything is legally clear - after all, you signed an employment contract, which stipulated the registration of a part-time job.

Remember all this when the owner of the company once again smiles sweetly at you when you meet. He has something to smile about, because he successfully robbed you and at the same time remained almost crystal clear before the law.

Part-time hiring

Employment on a part-time basis
Cases when an employer does not have the right to refuse to transfer an employed employee to part-time work are specified in Art. 93 Labor Code of the Russian Federation:

if the application is submitted by a pregnant employee;
when the request comes from an employee whose dependent children are under the age of 14, and if the child is assigned a disability, the right to work part-time remains until the child’s 18th birthday;
Part-time work is also available for those caring for and supervising relatives who need it for medical reasons.

Remuneration is made in proportion to the actual time worked. That is, if employed part-time, a person will receive half the salary for the position for a fully worked month. If part-time work is carried out, the employment contract must be supplemented with information about how many hours a person needs to work monthly, according to what schedule the work function should be implemented and to what extent.

To hire a part-time employee, you must conclude an employment contract and issue an order. These documents must specify the conditions for admission - part-time.

The work book does not indicate that the person works part-time or part-time. This document is filled out in the usual manner - the position, date of admission, dismissal, and order details are entered.

When an employer agrees to transfer a key employee to part-time, he is obliged to reduce the amount of work for such an employee accordingly. If this is not done, the official has the right to file a complaint with the labor inspectorate. Based on the application of an individual, the labor inspectorate begins an inspection of the employer.

Legislative basis for part-time employment

A citizen can be employed part-time on the basis of current labor legislation, namely Article 93 of the Labor Code of the Russian Federation. In this case, a mandatory condition is the voluntary nature of such recruitment.

In this case, no entry is made in the work book about the fact of transfer to part-time work. In the event that a hired citizen will have to perform a smaller amount of work and responsibilities, this will be stated in the job description.

Schedule and mode

When applying for employment, it is mandatory between the employer and the applicant, who will work part-time, to negotiate a mode of performing duties that is convenient for the employee himself and suitable for the organization.

An employee can choose any of the following options (if they are all proposed by the head of the organization):

Part-time, it can be four, five or six hours.
Partial work week. In this case, the employee can work full time several days a week, and be completely absent from work on the remaining days.
Shortened working hours. For example, three days a week for six hours and two days off, subject to a five-day work week.

Limited working time mode

In accordance with Article 91 of the Labor Code of the Russian Federation, the total working time is 40 hours per week. Working hours can be reduced in accordance with legislative restrictions, the initiative of the administration or the desire of the hired person, in which, in some cases, the employer does not have the right to refuse “according to the letter of the law.”

Employment, a shortened work week or a part-time working day specifically set by the hour, is reflected in the employment contract directly upon acceptance or by making additions when the need arises.

Limit standards for citizens of certain categories are established by Article 92 of the Labor Code of the Russian Federation and amount to the maximum per week:

24 hours – for the age category up to 16 years;
35 hours – for those under 18 years of age according to their passport and disabled people of groups 1 and 2;
36 hours - under working conditions classified by certified institutions as hazard classes 3 and 4 or recognized as hazardous.

The duration of work is established by local documents, taking into account inter-industry agreement and assessment of working conditions. A sample employment contract for a part-time or shortened week is developed on the basis of a tariff agreement, taking into account the results of the commission’s conclusion.

Download Part-time Employment Agreement (form) (53.5 KiB, 1,192 hits)

The employer is obliged to establish a reduced working time in accordance with Article 93 of the Labor Code of the Russian Federation at will:

a pregnant woman, regardless of age, with a certificate from the antenatal clinic;
one of the parents or substitute persons with a child under 14 years of age or a disabled child under 18 years of age;
a citizen caring for a sick relative, if the need is confirmed by a medical institution.

The schedule is set taking into account maximum convenience for the employee during the period of the circumstances. The employer may establish, on his own initiative, reduced working hours if there are prerequisites for dismissal due to the impossibility of providing work for the full period.

Regulation in the Labor Code of the Russian Federation

Labor legislation provides that an employment agreement at 0.5 wages can have several varieties:

unlimited;
urgent.

The latter type of agreement applies for a certain period of time. This time is reflected in the contract. Perpetual contracts are not limited in validity in time. They lose force when one of the parties to the agreement expresses his desire to terminate the document. The grounds are specified in the agreement and laws.

The Labor Code of the Russian Federation reflects the list of citizens who are empowered to conclude an employment contract with them at half the rate. These include:

women who are pregnant;
a parent raising children alone (meaning children under the age of fourteen);
parents of children recognized as disabled;
college students;
minor citizens;
persons caring for sick relatives.

The listed categories must confirm the existence of a particular right by providing documentation.

In some situations, this decision is dictated by the need to reduce the number of employees at the enterprise. Employees are asked to work part-time to avoid losing their jobs.

Part-time work: vacation

Employees who work part-time or part-time during the week may be entitled to a standard amount of leave. This category of hired personnel is covered by the full range of social guarantees and benefits; there are no restrictions in connection with part-time work. Annual leave is provided for 28 days, and if the law or collective agreement provides for additional days of paid leave, the employee can rest while maintaining average earnings for longer than 28 days.

Regardless of how the work activity is carried out - part-time or part-time as the main job, leave is issued in the usual manner:

the right to leave arises after 6 months of work with one employer; the employee writes an application for the next vacation and submits it to the manager, who endorses the document;
the HR department draws up an order for the enterprise for vacation, the administrative document is signed by the manager;
The accounting department accrues and pays vacation pay by order.

Vacation pay is calculated as usual: based on annual income for the months preceding the month of going on vacation. The number of days of paid rest is not affected by the fact that a person works less than a full week; this is reflected only in the amount of paid vacation pay.

For example, an economist works part-time with a salary of 14,000 rubles. (full-time salary in the state is set at 28,000 rubles). From October 1, 2020 to October 28, the employee goes on another vacation. How to calculate vacation pay:

The design interval is determined. It is equal to 12 months - from October 2020 to September 2020.
The average daily earnings for the specified interval are calculated. Let’s say there were no excluded periods in the previous year, income in the billing period amounted to 168,000 rubles. (14,000 x 12 months) then the average daily income will be equal to 477.82 rubles. (168000 / 12 / 29.3).
The amount of vacation pay is displayed - 13378.96 rubles. (477.82 x 28 days).

The impact of the rate on the employee’s social guarantees

The administration does not have the right to limit a person’s right to a social package. Including payment of child care benefits when working part-time. Having worked the term assigned under the Labor Code, the employee has the right to go on another vacation, and if his health deteriorates, issue a certificate of temporary incapacity for work.

A partial day or week only affects the amount of earnings that the employee will receive at the end of the month.

When working part-time for supplies, the Labor Code of the Russian Federation ensures full rights to receive vacation pay and general principles for calculating sick leave pay.

Working on maternity leave

While on maternity leave, many women think about continuing to work in order to provide their expanding family with sufficient funding. Options for temporary part-time work, work without experience, or part-time work with the main employer are being considered.

It should be remembered that when a woman returns to work full-time, she loses her right to benefits for up to 1.5 years due to early retirement. In order not to lose benefits, a woman often chooses part-time work, receiving additional days off when working a part-time week.

How many hours is this?

The relations that develop between the parties to labor relations are regulated with the help of the Labor Code. Much attention is paid to this issue in legislation.

It reflects how long the shift should be so as not to harm the employee’s health. The employment agreement specifies the specific length of the employee's working day. The schedule according to which the person works is indicated.

When drawing up a contract, legal provisions must be taken into account. It is established that the duration of activity of part-time workers is four hours. This value is fixed for the day. The standard hours for employees are set by the company management.

How to register

This article was published on the website zakon-dostupno dot ru.
If you see this article on another site, it has been stolen. The registration procedure corresponds to the standard scheme of interaction between the employee and management and the services involved in personnel matters.

Before you begin registration, you should discuss how to place a 0.5 bet:

The moment of transition to a new schedule.
Choice of part-time (up to 4 hours at ½ rate) or working week (with additional days off).

When working part-time on maternity leave, they often prefer the part-time option, when parents and relatives share the responsibilities of caring for the baby by day of the week.
The scheme of actions when switching to part-time is presented below:

Discussion of employment conditions in the new schedule. It should be borne in mind that during this period of work, an employee is unlikely to be able to count on career growth, and in the event of layoffs, he falls into the “first wave” if the law does not provide protection due to the presence of young children or other social status.
The employee writes a statement according to the sample provided by the personnel service. The application addressed to the manager states a request to be enrolled part-time in a specific position. The document is signed and dated.
After receiving a management visa, the application is transferred to the personnel department to prepare the appropriate order and receive the necessary personal papers from those applying for a job at the enterprise. The order reflects the name of the position, the amount of earnings, the regime, and the date of enrollment. If necessary, include some special conditions for the performance of duties.
When drawing up the contract, the inclusion of mandatory clauses is taken into account. After signing, one copy remains with the employee, the second is stored at the enterprise.

Mandatory details include the following items:

General points describing the conditions of employment, features of the working day, work and rest hours.
Employee rights.
Responsibilities under the contract.
Terms of payroll.
Description of the conditions for carrying out work activities (including hazardous types of work).
Information about the signatories - the employer and the employee signing the document.

If necessary, the clauses of the contract are supplemented based on the specifics of employment. The main thing is that the introduced points do not contradict the basic norms of civil and labor legislation.

Download

Example of a part-time employment contract (99.5 KiB, 136 hits)

What does the concept mean?

Before agreeing to a part-time position, it is recommended to study the specifics of the design and application of civil and labor legislation in relation to the employee being hired. It is necessary to study what it means to work part-time, and what social guarantees a person retains with such a design option.

There are some nuances to working part-time. What it is is determined from the meaning of the term “rate”, which implies full employment and workload according to the schedule at the enterprise with full wages according to the staffing table.

What is part-time is determined according to the Labor Code of the Russian Federation. In particular, Article 93 of the Labor Code of the Russian Federation, registration for a part-time schedule occurs in agreement with the employee or on his initiative at the time of hiring, or in the order of transition to a light schedule after full-time work.

In other words, in order to understand the principle of employment at ½ rate, you need to understand how work is paid in this mode. Since the contract provides for half-time employment of a person, his earnings are calculated in the same amount. As established by the Labor Code of the Russian Federation, the number of hours a person works per week does not affect his right to leave, registration of an entry in the work book, or crediting of length of service.

Part-time work can be done not only in the form of ½ rate. Alternative solutions include switching to remote work (outsourcing) or working from home.

How is it different from a shortened day?

The half rate does not affect the formation of a mandatory social package from the employer and the state, however, when applying, it is important to clarify how exactly part-time employment is reflected in the documents. Sometimes an employer dictates new conditions regarding the workload of an employee, transferring the enterprise or individual positions to a shorter working day. In contrast, working at 0.5 rate is purely voluntary.

There are also differences in other evaluation parameters:

Payment for part-time work is calculated based on 50% of the salary according to the staffing table, and may be lower than the minimum wage. With a shortened working day, payment below 1 minimum wage is unacceptable.
A shortened schedule is expected only for specific categories of employees, and ½-time work is mandatory only in certain exceptional cases (for example, part-time work), or by mutual agreement.
Irregular hours and overtime are unacceptable at 0.5 rates, which cannot be said about a shortened day.

How are employment contracts drawn up for employees at 0.5 rates?

Conclusion of an employment contract for 0.5 wages, a sample document is given below, possibly for the main place of employment; and part-time. A part-time regime is established either immediately upon employment of a specialist in an organization, or already during the course of work. In the first case, the corresponding condition must be specified in the employment contract; in the second, the change in the employment schedule is reflected in the additional agreement.

How to correctly register the duration of part-time work? How many hours a day must an employee work if he is employed part-time? It is necessary to proceed from the total duration of normal working hours. If full-time employment involves working 40 hours a week, then if employed at 0.5 times the rate, the employee must work 20 hours a week. In this case, the condition of part-time work can be reflected in the employment contract in two ways:

“The employee works part-time – from Monday to Friday, 5 days a week, from 9.00 to 13.00.”
“The employee works part-time, working 20 hours a week.”

When a specialist works no more than 4 hours. per day, the employer has the right not to provide him with a break, but this must be fixed in the LNA (stat. 108 of the Labor Code). If the employment contract specifies only the total duration of working hours per week, the employer is also required to establish specific days and frequency of attendance.

The wage clause is included in the employment contract based on the full rate. Salaries are calculated based on the actual work completed. A sample additional agreement for 0.5 rates is drawn up in a similar way.

What is a part-time job? A short educational program.

If you don’t have enough money at your main job, then you can get another job and earn more. In personnel accounting, this is called “part-time work.” And here there are two possible options.

The first is that you additionally perform some other duties at your main place of work. That is, here we are talking about the so-called internal part-time job, since you work in the same company.

The second option is to get a job at another company. HR specialists call this part-time job external.

In both the first and second cases, you will not be physically able to fully perform all the duties in both positions, so in an additional place of work you need to get a part-time job , that is, you will work there much less than at your main place. The salary will also, of course, be less, but this is quite normal, because this is just additional work. This is a part-time job.

Now remember one thing well: we were talking about the actual work being done, and not at all about the peculiarities of personnel records at the enterprise. Do you remember? Then read on.

On whose initiative can I transfer?

Changes may occur in an employee's life that make it impossible to continue working full-time. The legislator does not prohibit employees from taking the initiative to transfer to part-time work.

You will need to write an application. The document is drawn up in free form. If the management of the enterprise is not against such a measure, then a transfer order is formed and the transfer is organized. Wages are reduced, as are hours of employment.

The desire may come from the employer. This is due to changes that have occurred in the financial security of the company. Therefore, it is necessary to make adjustments to the staffing table. In this case, if the employee agrees, he writes an application requesting a transfer to half the rate. Otherwise, the dismissal procedure is implemented.

External and internal part-time worker

This type of work is regulated by Chapter 44 of the Labor Code of the Russian Federation. By law, a part-time worker has the right to work no more than 4 hours a day. That is why this issue is interesting to us, because this is an employment contract for 0.5 wages.

According to the law, part-time work is internal, when a person, in addition to the main position at his place of work, works part-time in another position in the same organization. External part-time work – when he is employed, in addition to his main job, in another company.

Applying for a part-time job in your own organization does not differ in any particulars. An employment contract is simply drawn up: for half or any other smaller part of the rate, by agreement with the employer. If you are an “external” part-time worker, then when applying for a job you must provide a copy of your work book, the original of which is kept at your main place of work. The remaining documents required for registration under the employment contract are provided in originals, they are kept in the employee’s hands:

passport;
SNILS (green plastic pension insurance card);
TIN (individual taxpayer number) is an optional document under the Labor Code when applying for a job, but very desirable, since the accounting department submits a lot of reports for the employee, with these numbers it is easier for them;
military ID (if available);
diploma or other documents on education and advanced training.

In some cases, certificates are required when applying for a job. For example, about the absence of a criminal record, if you get a job that involves servicing material and monetary assets. The necessary copies are also made of these documents and are stored in the personnel department of the enterprise.

If a person gets a part-time job, not part-time, but simply at his main place of work, the registration is no different from that of a full-time job. The employer does not have the right to require this employee (or any other) to perform his duties outside the agreed working hours. The fact that this employee’s work is carried out on a part-time basis must be mentioned in his employment contract.

There is no entry in the work book that the employee is enrolled part-time.

But a part-time job will only be recorded on the employee’s initiative. If he wants a mention of this in his work book, and he is an “internal” part-time worker, he simply makes this request verbally to the HR department. But if he is an “external” part-time worker, and his work record is naturally kept at his main place of work, where they can only make an entry for him, then he must bring a certificate from the second place of work. Based on it, his part-time job will be recorded in the work book.

Part-time employment contract - example of filling out

When filling out this agreement, you can use any standard contract with an employee as a sample. But here we cannot do without several significant amendments. First of all, you need to carefully pay attention to the details regarding wages, work schedule, as well as the time of the proposed vacation (so that you don’t have to resort to memos again later). In addition, when specifying contractual obligations in the document, it should be clearly indicated that the contract is concluded with a part-time worker, and also stipulate the type of part-time job.

Fixed-term part-time employment contract - Labor Code of the Russian Federation

Social guarantees for part-time workers are fully consistent with the guarantees applied to other employees. Such employees are paid based on the time worked. In addition, according to Article 287 of the Labor Code of the Russian Federation, a person working part-time has the right to leave.

Moreover, regardless of the amount of time worked, seasonality or the needs of the company, it must be provided simultaneously with the leave provided at the main workplace. The above mentioned features are certainly prescribed when drawing up contractual obligations.

Employment contract between an individual entrepreneur and an employee

The legislation of the Russian Federation requires that any real agreement between an individual entrepreneur and an employee must include the following:

Full name and passport details of the employee;
Full name and TIN of an individual entrepreneur;
Date and place of conclusion of the contract;
The employee’s position and start date of his work;
Rights and obligations of signatories;
Features of payroll;
Work and rest schedule;
Compensations and social guarantees.

If at least one of the above points is missing, the document loses its legal force.

Part-time employment contract at 0.5 rate sample

Based on Article 284 of the Labor Code of the Russian Federation, in the case of an employee’s full-time employment at the main workplace, the performance of his part-time job duties cannot last more than 4 hours during a shift on weekdays. A full shift can only be worked on days recognized as days off at the main workplace.

In this case, the monthly workload cannot exceed half of the established working hours. When drawing up a working agreement with a part-time employee, you can use as an example a typical agreement that is used in the company, or a sample provided on the website.

Temporary employment contract

In cases where a contract is drawn up with a limited duration (less than five years), it is called temporary or fixed-term. The signing of such agreements is possible not only when performing work on short-term projects, but also in cases where it is appropriate for both signatories (Article 59 of the Labor Code of the Russian Federation).

If, on the eve of the expiration of the contract, none of the parties demanded its termination and the employment relationship continues in the usual form, then the contract is recognized as unlimited.

Additional agreement to the employment contract on internal part-time work

In the case of internal combination of positions, the performance of duties for each of them should be carried out at different times.

To avoid conflict, an additional agreement is drawn up, which must include:

date and number;
full name of the employer;
Full name of the employee;
job titles: main and additional;
list of new employee responsibilities.

He is required to issue an order to provide secondary employment to the employee, an example of which is provided at the link below.

Termination of a part-time employment contract at the initiative of the employee

Termination of secondary employment relationships is possible:

upon expiration of the contract (Article 79);
at one’s own request (Article 80);
by agreement of the parties (Article 78);
at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

In case of termination of the contract at his own request, the part-time worker only needs to notify the employer at least two weeks in advance with a corresponding statement. In case of internal part-time work, job data is entered into the work book automatically, and in case of external part-time work, at the request of the employee.

What does it mean to work part-time?

If the full time of the tariff rate for a five-day 40-hour work week is 8 hours, then half of it is 4 hours a day. An employee’s work and rest schedule involves alternating work time and respite between periods of activity. A person working part-time can, together with the employer, choose a different working schedule. For example, three full working days a week (in the case where Saturday is a working day in this organization). Or on a five-day week, every 3 working days - 4 hours a day, one day - 8 hours, and one day - non-working.

When drawing up an employee’s work report card, the main thing is that his working week will be equal to 20 hours (if the employer’s full rate implies 40 hours of work).

When choosing a part-time job, an employee has his own reasons. Quite often, people do this for additional income, in the case of part-time work. Or, if this is his only work, then the employee chooses it for reasons of more free time, for example, for family and children. The downside of this job is most likely the pay. Yes, a person works less time, but he also receives half the salary, as opposed to the full rate. So, when choosing this work mode, the employee proceeds from the ratio of pros and cons that is acceptable to him.

A part-time employee has all the same rights and responsibilities as a full-time employee.

He has the right to 28 days of vacation, like any other worker in Russia.
He may be sent on business trips. Of course, if the employee is not a pregnant woman, a minor, or on study leave.
If this is a woman, she can go on maternity leave - with all the rights as a full-time worker.

The pension will be calculated based on the person’s actual contributions to the Pension Fund of the Russian Federation. An employee’s insurance record takes into account the days, months and years of his work; it does not matter whether he worked for a full rate, a quarter or a half. If this is the employee’s main job, even part-time, then there are no questions at all.

What is bet and half bet

There is no concept of “part-time” in Russian labor legislation. The term “tariff rate” is used when wages are differentiated depending on the category of workers. In other cases, the term “official salary” is used. But both of them relate specifically to monetary payments, and not to the time spent on work.

And the word “part-time” is popularly used to mean half the normal working time, that is, ½ of 40 hours. The NPR is established by Article 91 of the Labor Code of the Russian Federation.

A person accepted under these conditions will be at the workplace (depending on the selected mode):

not 8 hours a day, but 4;
not 6 days a week, but 3;
not 4 weeks a month, but 2.

However, in the field of education, the word “rate” refers specifically to the number of hours. A teacher works at a rate of 18 hours a week or 720 hours a year and receives a certain salary under these conditions.

What is a part-time job?

HR specialists often have to resolve issues of registering part-time employees, although in fact such a term does not exist in labor legislation.

Sometimes, on its own initiative, the employer offers the employee to work part-time, or the employee turns to the manager with an application for a part-time position.

Thus, an employee may be busy performing work functions only part of the working day or a certain number of days a week.

In 2020, changes and clarifications were made to Art. 93 of the Labor Code of the Russian Federation: now the parties to an employment contract have the right to establish part-time working hours for a certain period (by agreement) or without a time limit.

In what cases is it beneficial for an employer to establish part-time working hours (for example, half-time):

part-time employment as an alternative to dismissing workers (if job cuts are required);
the number of orders has temporarily decreased;
seasonal decline in the organization’s activities;
etc.

In some situations, it is also convenient for employees to work not a whole working day/week, but part-time, for example:

the employee is studying at a university and needs additional time free from work to study;
an employee is caring for a sick family member and needs more time to do so;
a young mother wants to maintain child care benefits and applies for part-time work;
and etc.

Thus, the term “part-time” means half the working time for one full-time unit.

In a number of cases, legislation requires the establishment of part-time work at the request of certain categories of employees (Article 93 of the Labor Code of the Russian Federation), for example:

pregnant woman;
a parent whose child is under fourteen years old or if there is a disabled child and he is under eighteen years old (this right also applies to guardians and trustees);
employees who have family members who need constant care (this need must be confirmed by an appropriate medical certificate).

Another innovation for 2020 concerns the duration of establishing part-time work (Article 93 of the Labor Code of the Russian Federation): it is established for a period convenient for the employee and continues until the end of the existence of circumstances specified by law.

How does part-time work affect your salary?

According to Art. 93 of the Labor Code of the Russian Federation, remuneration under such conditions is carried out in one of the following options:

paid in proportion to actual production (for example, for piecework);
depends on the time worked by the employee (in case of time-based payment);
determined by the amount of work performed by an employee over a certain period.

You can confirm the amount of time worked to calculate payments when working part-time using a time sheet or other documents.

It is necessary to take into account certain features when drawing up a part-time employment contract. Such a contract (agreement) can be concluded with an employee at the main place of work or with a part-time worker.

Making an entry for part-time work in the work book occurs as usual; in this case, no special notes about part-time work are needed.

At the same time, there are serious differences when registering a part-time employment relationship at the main place of work and a part-time job.

At the same time, the legislator in Art. 93 of the Labor Code of the Russian Federation guarantees those who work part-time the observance of all other rights, for example:

an employee can use annual paid leave of at least 28 calendar days (according to Article 123 of the Labor Code of the Russian Federation, this time is recorded in the vacation schedule, which is approved by the head of the organization);
length of service for calculating pensions is calculated in the same way as for other employees;
such an employee is paid temporary disability benefits according to the general rules;
and so on.

Sample order for 0.5 rate

When hiring on a part-time basis, an order is issued to introduce a part-time employment regime. The order is issued directly upon employment of a specialist - for this it is recommended to use the T-1 form. Or you can draw up an order already during work when transferring from full to part-time mode. Employers have the right to develop and approve the form themselves. A sample order for transfer to 0.5 rates must contain the following details:

Information about the employer - name, legal form, tax identification number, checkpoint codes, address.
Title, number and date of preparation of the document.
The reason and basis for introducing part-time employment.
Working and rest conditions for part-time work – date of transfer, duration of work, remuneration.
Manager's signature.
Information about the employee’s familiarization with the contents of the order.

Read: Is it necessary to issue an employment contract to an employee and after how long?

Acceptance for 0.5 bets - sample order

LLC "Romashka" INN 6164051255 KPP 616401001

344019 Rostov-on-Don st. Serafimovicha, 18 of. 5

Order

"_02__" __03_ 2020 No. 15-k

“On the establishment of part-time working hours”

Due to production needs and in accordance with additional agreement dated 03/02/2020 No. 1 to employment contract No. 18 dated 07/12/2018.

I ORDER:

Starting from 03/02/2020, Irina Borisovna Timofeeva, a material accountant, will be given a part-time job with the following work schedule:

1.1. Duration of daily work - 4 hours;

1.2. Start time 09:00, end time 13:00;

1.3. There is no break;

Chief Accountant Komarova O.N. make wages in proportion to the time worked.

3. I reserve control over the execution of this order.

Director Semenov I.I. Semenov

The following have been familiarized with the order:

_____________/Timofeeva I.B./

_____________/Komarova O.N./

Part-time hiring - what is it?

If a boss needs to apply for a part-time job at his main place of work, then he needs to be guided by the principles of labor legislation. Information about such a process is contained in Articles 93 and 256 of the Labor Code of the Russian Federation. It talks about two main features of the requirements if you need to arrange a part-time job:

Working at half the rate can be fixed in different ways. It can be noted that the employee works in production part-time or, if more convenient, part-time.
If full agreement is reached between the employer and the employee, then in this case it is possible to establish a part-time working day for him not only at the time of signing the employment contract, but also if he has been working in production for some time.

The employee also has the opportunity to write an application for transfer to part-time work. And in some cases, the employer is obliged to satisfy the employee’s request by placing him on a part-time basis:

If the application is written by an employee who is expecting a child;
If the application is written by an employee who has children under the age of fourteen. A similar statement can also be written by a parent or guardian of a child with a disability. If he has not reached the age of eighteen, then the employer must also transfer this employee to part-time work;
If the employee who wrote the application is currently caring for a sick relative. Such an application must be accompanied by a medical certificate confirming the fact of the disease.

All the reasons mentioned above make it mandatory for the employer to comply with the employee’s request to renew the employment contract for part-time work.
If he refuses to do this, then the worker has the right to first appeal to a special commission, and if, as a result of the labor dispute, an agreement is not reached, then to the court. It must be remembered that an employee who works part-time is subject to all laws prescribed in the Labor Code of the Russian Federation. And they apply to the employee in full. This applies to both vacation and other rights and privileges that are guaranteed to the employee by law.

What is part-time employment?

If it is necessary to formalize the employment of an employee at half the rate at the main place of work, you should study the relevant sections of the Labor Code. This information is described in detail in Art. 93 and 256. They indicate 2 distinctive features that should be taken into account when hiring an employee at 0.5 rate :

Part-time work may be specified in different ways upon admission. That is, it is possible to establish a part-time or part-week schedule.
If there is agreement between the parties (management and worker), it is permissible to establish an incomplete schedule not only when concluding a work contract, but also if there is actual time worked at the enterprise.

In addition, the employee has the right to apply for transfer to the 0.5 rate regime. There are situations in which management is required to sign this statement, transferring the employee to part-time mode :

The application is due to the need to care for a disabled relative. Additionally, a confirming certificate from the medical institution is attached.
The applicant has children under 14 years of age, or is raising a disabled child under 18 years of age. In this case, the applicant can be both a parent and a guardian.
The applicant is pregnant, as confirmed by a certificate from a medical institution.

Important

The above situations oblige the manager to satisfy the application and transfer the employee to part-time work with a corresponding re-signing of the contract. In case of refusal, the employee has the right to seek satisfaction of his demands in the relevant authorities and courts if the controversial issue is not resolved.

An employee of an enterprise working at 0.5 rate on a part-time basis falls under the jurisdiction of all laws of the Labor Code of the Russian Federation, including with regard to the rights to vacation, sick leave pay, and other guarantees. All legal provisions apply to such an employee to the same extent as to a full-time employee.

The nuances of part-time transfer

Let's say your life circumstances change and you can no longer work full time.

At your request

Transfer to part-time at the employee's initiative is not prohibited by law. It is formatted like this. You write a free form statement about your transfer. For example, this.

General Director of Voskhod LLC P.I. Ivanov

from the economist of the financial department Veselova M.G.

STATEMENT

I ask you to transfer me from city to 0.5 rate due to family circumstances (I took my elderly father to live with me).

Signature / Veselova M. G.

The application as a necessary document is not mentioned anywhere in the Labor Code, but in practice it is in great demand. In this case, if the employer is not against your decision, then everything happens as usual: a transfer order is issued; the timekeeper notes you for 4 hours every day instead of eight; wages, accordingly, fall by half. But you yourself decided so, and this state of affairs does not seem fatal to you.

At the request of the employer

How does a transfer to part-time work occur at the initiative of the employer? Is it allowed to transfer an employee by decision of management? What could be the reason for this?

For example, funding has changed, resulting in a transformation of the staffing table. And now your position is only for part-time, which is what the employer informs you about. What to do in such a situation?

You either decide to play by the rules - and write a statement (supposedly of your own free will) about the transfer, as in the example above.
Or you don’t agree, and... choose dismissal. There is no other way.

Legally, by decision, the employer cannot transfer you to part-time work, even in conditions of underfunding. Because discrimination in the world of work is prohibited, and the employer has no right to infringe on you.

In addition, wages must be mentioned in the employment contract. The employer cannot change it (halve it due to the transition to part-time work) by decision. So they cannot force you to agree to a transfer. If something like this does happen, the employee can always go to court to protect his legal rights. After which, most likely, on the basis of a court decision, the employee will be reinstated at the same place of work or with the same salary in a new position, if the old one is reduced by the new staffing table.

Rules for drawing up a part-time contract

The standard form of a part-time TD has been developed in accordance with legal requirements and the basic rules of office work. The organization has the right to change it according to its interests, but taking into account regulatory rules.

Preliminary stages

The transfer to 0.5 bets occurs in several stages:

On behalf of the employee, addressed to the head of the organization, a statement is written indicating a request for a part-time transfer.
After approval of the application, the personnel service creates an Order to transfer the employee to a new mode of work in accordance with the current office rules.

The Order must stipulate:

period of validity of the contractual agreement;
the reason for reducing the working day.

A situation where a new work schedule is accompanied by a reduction in job responsibilities requires a change in the job description with its subsequent approval in the prescribed manner.

Sample order for establishing part-time work.

Contents of TD at 0.5 rate

The written agreement includes precise details:

address and name of the organization;
date of;
details of both parties;
specific place of work and position of the employee;
stages of employment (the need for a probationary period, approvals for labor protection, electrical safety, etc.);
description of working conditions (harmfulness, compensation).

Sample part-time employment contract.

Unlike a full-time contract, a part-time contract specifies specific working conditions:

duration of the shift in hours;
start and end of work;
break;
weekend;
rules for calculating wages in accordance with the number of hours worked (salary, bonus, advance).

Wages are calculated based on the number of hours worked or in accordance with the volume of work performed.

Content nuances

Before placing approval signatures, special attention is paid to the rights and obligations of the parties. According to the Labor Code of the Russian Federation, the worker retains the full right to the following:

paid vacation once a year;
accrual of work experience;
maintaining a shortened day before public holidays;
calculation and payment of hours worked in excess of the norm specified in the contract, in accordance with established rules.
provision of all benefits applicable to the enterprise, workwear. Here you will learn how to calculate the residual value of workwear upon dismissal.

If there is no expiration date for the contract, it must be indicated that the agreement is unlimited. The document must reflect the process of termination. On the recommendation of any party, the document is supplemented with clauses specifying the nuances of labor cooperation.

There is no need to record the fact of a transfer of 0.5 rates in the work book or in the personal card.