Additional agreement to the employment contract in 2020 - sample, on part-time work, on termination, on combining positions, on extension of term, general director

ESTABLISHING PART-TIME WORK BY AGREEMENT OF THE PARTIES: SAMPLE STEP-BY-STEP PROCEDURE

According to Part 1 of Art. 93 of the Labor Code of the Russian Federation, by agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.

If part-time working hours are established upon hiring, then the condition for this working mode must be indicated in the employment contract with the employee (if this working mode differs from the general rules established by the employer, Part 2 of Article 57 of the Labor Code of the Russian Federation).

https://www.youtube.com/watch?v=https:accounts.google.comServiceLogin

Employment contract. Templates {amp}gt;{amp}gt;

A further step-by-step procedure for establishing part-time working time by agreement of the parties will be given for those employees who, upon hiring, were assigned full-time working hours, including reduced working hours, and then the parties decided to change this condition to part-time working hours (part-time working hours can be established and for those who have reduced working hours).

The parties (employee and employer) should discuss and clarify all the conditions for establishing part-time working time for an employee (a part-time working day (shift) or a part-time working week will be established, the number of working hours, the period for which part-time working time will be established, the volume may be reduced and/or number of job responsibilities).

, which reflects all agreed terms.

This is one of the main steps in the step-by-step procedure for establishing part-time work by agreement of the parties. The agreement is drawn up in two copies (one for each party), unless more copies are provided for a given employer.

Agreements to the employment contract. Forms, samples {amp}gt;{amp}gt;

, for example, in the journal of registration of agreements to employment contracts with employees.

4. Handing each employee his copy of the agreement.

The employee’s receipt of a copy of the agreement should be confirmed by the employee’s signature on the copy of the agreement remaining in the custody of the employer. We recommend that you put the phrase “I have received a copy of the agreement” before your signature.

Order establishing part-time work. Sample {amp}gt;{amp}gt;

, for example, in the log of orders (instructions).

Order log. Approximate form {amp}gt;{amp}gt;

Reproduction of this material on other sites and in other media without the written permission of our editors is not permitted.

Get permission {amp}gt;{amp}gt;

Employment contract on a part-time basis

When working part-time, the employee is assigned a part-time working day and/or a part-time working week (Article 93 of the Labor Code of the Russian Federation). That is, in the employment contract you can indicate, for example, that “the employee works part-time 5 days a week from Monday to Friday from 9.00 to 13.00.”

But you can only determine the total duration of working hours that an employee must work per week, say, 20 hours. At the same time, the specific days when the employee is obliged to report to work and perform his job duties are established with a certain frequency (monthly, weekly, etc.) by the employee’s immediate supervisor.

What documents may be required?

The most important document on the basis of which a reduction in work time can occur, of course, can be called a personal statement from an employee. It is drawn up in free form, with the obligatory indication of the following information:

the date from which the employee wishes to switch to a new mode of performance of labor functions;
factual basis for this action. Here you need to clearly indicate the reason why the employer must change the previously established schedule. It is advisable that relevant documentary evidence be immediately attached to the application, for example, a certificate of illness of a relative issued by an authorized medical institution, etc.;
information about the new operating mode. This should include information about the start time of the working day, shift duration, lunch or rest breaks, etc.;
the amount of wages, which will also be changed along with appropriate amendments to the previously established schedule.

At the end of the application, the personal signature of its author must be affixed, as well as the date of formation of the document. After this, the employee will be able to submit the paper personally to the manager or through the secretariat department. In the latter case, it is advisable to write two absolutely identical documents, on one of which the authorized employee will put the appropriate mark of acceptance.

The director, having received the information received by him, must put his own visa on the document and make a final decision regarding the employee’s request. In most cases, managers meet their subordinates halfway and agree to change the previously existing work schedule. However, sometimes there are situations in which the employer really cannot fulfill the request presented.

For example, if a change in schedule will have a significant negative impact on the entire work process and disrupt the developed mode of functioning of the organization, the director will have the legal right to issue an official refusal. However, in this case, this decision must really be explained to the employee and justified in writing.

It should also be noted that legislative norms have established a list of special categories of employees who cannot be denied a shortened work schedule under any circumstances. Such subordinates may include: pregnant women, minor workers, employees for whom a disability has been established, in accordance with their state of health, etc.

We invite you to familiarize yourself with: Deadline for drawing up a protocol on an administrative offense Acts, samples, forms, contracts Consultant Plus

When is an employment contract drawn up for part-time work?

Part-time work is a regime that allows a subordinate to work less than 40 hours a week.

Typically, organizations introduce an 8-hour working day (shift) and a 40-hour work week. This mode of operation is standard and is more popular than other modes. Sometimes, for objective reasons, there is a need to reduce working hours during the work process or immediately upon hiring a citizen.

An employment contract for part-time work is drawn up:

if neither the worker nor the manager is against such a regime;
if the subordinate is a person who is not supposed to be denied the establishment of such a regime.

According to the law, the management of an organization cannot ignore a request to introduce part-time work for the following subordinates:

pregnant women;
workers caring for sick relatives;
employees who have children under 14 years of age or disabled children under 18 years of age;
workers who care for children under 14 years of age or citizens with disabilities who have not reached the age of majority.

If an employed person wishes to work part-time, but is not included in the circle of persons indicated above, he must obtain the consent of his boss.

This happens in the following cases:

the organizational or technological conditions of work in the organization have changed;
there was a threat of mass layoffs.

If a worker does not want to switch to a part-time work schedule, he has the right to do the following:

transfer to another job in the organization (if possible);
terminate the employment contract.

Part-time working hours are introduced for a period that is convenient for the subordinate. However, such a period lasts no more than six months.

Changing the work schedule at the initiative of the employee

Let's consider how a transfer to part-time work occurs on the initiative of an employee. Any person has circumstances that do not allow him to devote 8 hours a day to work. Sometimes dismissal is too radical a decision; the Labor Code suggests a softer option: the opportunity to work part-time (Article 93 of the Labor Code of the Russian Federation). The transition to such a regime occurs by agreement of the parties. In this case, the employee writes a statement asking to change the work schedule. This is an application for a transfer of 0.5 rates at the initiative of the employee, a sample form of which is shown in the illustration.

Sample application

Despite the fact that in standard cases it is necessary to obtain the consent of the employer in this matter, there are categories of workers whose request for part-time work cannot be refused. This:

pregnant women;
parents or guardians of children under 14 years of age;
caring for a sick relative (a medical report is intended to confirm this fact, in accordance with Order of the Ministry of Health and Social Development dated May 2, 2012 No. 441n).

Basic procedure and rules for drawing up an agreement

As a rule, the responsibilities for drawing up an additional agreement on reducing the working hours are assigned to personnel employees. After the document is prepared, it is sent to the manager for signature. The final version of the supplementary agreement should provide direct answers to the following questions:

what new regime will the employee now work under?
what is the duration of the temporary period for which the reduced working hours were established;
how the change in regime will affect the remuneration of this specialist.

It should be noted that the employment contract may also contain other information if it is directly related to the employee’s future work activity in the new working hours. For example, it is quite possible that, as a result of the amendments made, the changes will affect not only the employee’s working day, but also the week. In this case, the length of the working week, as well as other nuances, must be included in the drawn up agreement.

The agreement on establishing a reduced work schedule is, of course, the most important internal document of the company. Indeed, on its basis, corresponding changes are made in the area of remuneration. This means that the manager must approach the formation of this document with the utmost care in order to eliminate possible problems and disputes in the future.

It should also be noted that sometimes the initiators of reducing the working hours are the managers themselves. Most often, the main purpose of such actions is the desire to save enterprise costs, for example, in conditions of a financial crisis and a decrease in regular productivity. These measures can be called quite acceptable. The main thing is that the manager first discusses this issue with the employee and asks his opinion on this matter.

Types of part-time work

An employer can set part-time working hours in the following way:

by reducing the number of working hours per day;
establishing a part-time work week;
reducing both the length of the day and the number of working days at the same time.

Let's look at what the first two methods are.

This option implies that instead of the usual length of a day or shift of eight hours, a shorter one is introduced. For example, an employee of an organization and a boss may agree that a subordinate’s work day will last four hours.

The introduction of a part-time work week assumes that a subordinate will work only a few days (for example, one or two days less than with a standard work schedule). The working day will continue to be eight hours.

The days of coming to work are set by the management of the organization.

We invite you to read: Vacation for pregnant women before maternity leave: how many days are required?

Sample additional agreement

As mentioned above, the exact form of such an agreement has not been established by the current law. Each manager has the right to develop his own standard form, into which only changed information will then be entered.

1. A part-time working regime is established for the employee.

The specialist’s work week is five days, from Monday to Friday, with days off on Saturday and Sunday. The duration of the daily shift is from 09:00 to 14:00. Break for meals and rest - from 11:00 to 12:00.

2. Remuneration. Remuneration of Vasilyeva A.V. carried out in proportion to the time worked, based on the current rate established by the organization’s internal tariff schedule - 1,500 rubles.”

Next, marks must be placed on the document for the signatures of the parties. The manager must also affix the organization’s corporate seal to the agreement. After drawing up, the additional agreement must undergo a standard registration procedure, after which the document is assigned an individual internal number, which is entered in the appropriate accounting journal.

Application for transition to part-time work

The form of the application is not determined by law, therefore, when drawing it up, the employee can follow the general rules of business correspondence. A sample application would look like this:

"To the Director of Zarya LLC"

Kolesnikov A. A.

STATEMENT

15.12.2016

In connection with the birth of a child, in accordance with Part 1 of Art. 93 of the Labor Code of the Russian Federation, I ask you to establish for me a part-time working day lasting 5 hours from 01.12.2017 - from 09:00 to 14:30 - with a lunch break from 11:30 to 12:00.

Attachment: copy of the birth certificate of Marat Ildarovich Ravilyev.

Cashier: (signature) Ravilyeva Anna Alexandrovna.”

The application is submitted in two copies: one of them is given to the manager, and the second is marked with acceptance (with date). The law does not establish a period for consideration of an application, and therefore it is necessary to proceed from a reasonable period (one week is quite enough to consider such an application).

If the application is submitted during employment, the condition on part-time work is included in the employment contract. If the application was submitted later, the condition is included in the additional agreement to the employment contract.

Differences between part-time and short-time work

Many citizens do not see the difference between part-time work and a reduced work schedule. However, there are significant differences between these types of working hours.

The similarities end there.

Let's look at the differences between part-time and short-time working:

Part-time work is introduced into organizations by agreement of the parties, and reduced working hours are established by law.
In case of a part-time work schedule, earnings are accrued in accordance with the time worked, and in case of a reduced work schedule - in the same amount as with the standard duration of the work schedule (the rule does not apply to minor citizens).

Shortened working hours are established for the following employees:

minor citizens (working day ranges from 12 to 35 hours per week);
disabled people of groups I and II (work no more than 35 hours a week);
teachers (no more than 36 hours of work per week);
medical workers (working no more than 39 hours a week);
workers in conditions dangerous to life and harmful to health (the norm is no more than 36 hours).

Employees of the organization who have the right to work on a reduced schedule must present a supporting document.

How to draw up an employment contract for part-time work

It is worth noting that part-time work can be introduced at different stages of work activity:

when hiring an applicant (in this case, the condition for such a regime is fixed in the employment contract);
if a citizen has been working in an organization for some time (by drawing up an additional agreement).

In this case, an employment contract for part-time work can be concluded:

with a part-time worker;
with a citizen hired to the main place of work;
without a specific deadline;
for a certain period.

An employment contract for part-time work reflects conditions that are common to all employment contracts. Nevertheless, we must not forget about the specifics of working in this mode, which must be reflected in the document.

The employment contract for part-time work must specify the following:

Full name of the employee and his position.
Name of the employing organization and basic information about it.
The part-time employment contract contains information not only about the new employee, but also about the employer
Labor functions assigned to a subordinate.
Work start date.
Conditions of remuneration (part-time working hours must be taken into account).
Work and rest time:
days of work;
weekend;
The employment contract must contain information about the duration of the part-time work week and working day
vacation (the employee’s right to the full duration of all provided vacations is confirmed).
Guarantees provided to an employee by the employer.
Rights and obligations of the parties.
The main provisions of a part-time employment contract correspond to the provisions of a standard contract concluded between an employer and a new employee upon employment of the latter
Responsibility of the parties for violation of rights and obligations.
Condition for granting a probationary period to the employee (if there is a need for it).
Duration of the contract (if it is fixed-term).
Conditions for termination of the contract.

A subordinate working in such a regime receives remuneration in an amount corresponding to the time he worked. Thus, he cannot demand full earnings.

When calculating wages for part-time work, the basis is the time actually worked by the employee

If a citizen works more hours than indicated in the documents, the time exceeding the norm will be considered overtime.

Do I need to register?

The possibility of conducting professional work according to a schedule in which a citizen works part-time is regulated by Article 93 of the Labor Code of the Russian Federation.

A specific work schedule can be established at the very beginning of employment.

The conditions under which a working citizen will carry out his professional activities must be reflected in the relevant documentation.

If part-time work is expected from the very beginning of his work, information about this topic must be present in the employment agreement concluded between the employee and his employer.

The employee must know in what conditions and under what circumstances he will work.

Signing the contract indicates that the specialist is familiar with all production conditions and is completely satisfied with them.

How to compose?

When concluding an employment agreement with an employee who will work part-time, you must adhere to the standard rules for preparing such documentation.

An exception is the paragraph that will reflect information about the non-standard schedule - its features, operating hours and conditions for providing vacation days.

At the beginning of the agreement, standard data is reflected - the name of the enterprise, the number and title of the document, the date and place of conclusion of the agreement.

The first section of the agreement includes general provisions. These include:

information about the employer;
the commencement date of this agreement;
characteristics of the activity – main/part-time;
duration of the probationary period (if any) and other similar data.

The clause on part-time working time is reflected in the section, which has the appropriate name - “Working time and rest time”.
The exact wording of this section depends on the specific case and operating conditions. For example, the document might look like this:

A part-time working schedule is established for the employee.
The following work schedule is established for the employee: five days a day, weekends - Friday and Saturday;
working day – from 09:00 to 15:00;
Lunch break – from 12:00 to 12:30.

The employee is granted annual leave. The duration of paid rest time is 28 calendar days.

If a need arises, regulated by the labor legislation of the Russian Federation, the employee may be granted additional unpaid leave.

An employer does not have the right to engage a worker to work overtime.

You can also read about the features of concluding a part-time contract in this article.

by 0.5 bets

employment contract for 0.5 rate – word.

Procedure for applying for part-time work

The procedure for applying for a part-time or a week depends on who comes up with such an initiative:

If such a desire is voiced by a worker, a change in the working regime is carried out after this employee submits an application and documents confirming his right to this regime.
If the initiative comes from the manager, he must prepare the following documents in advance:
notification that is communicated to the employee;
The notice of the introduction of part-time work must indicate the consequences of the employee’s refusal to accept the proposed work schedule.
additional agreement;
corresponding order.

We invite you to read: Agreement for concluding a settlement agreement after an accident

To switch to part-time work, an employee of the organization must fill out an application. However, this will not be enough. As a rule, the employer requests supporting documentation from him.

Features of presenting such documents:

they must be filled out correctly;
they indicate the reasons for the need to introduce a part-time work schedule (for example, a medical report).

Pregnant women can present a medical certificate confirming the need to work part-time

If a citizen is just getting a part-time job in an organization, he, in addition to the application and supporting documents, submits the following documents in the form of an attachment:

passport or other identity document;
work book, if he has one;
SNILS (if available);
military registration documents (for those liable for military service and conscripts);
diploma or certificate of education;
documents requested by the employer only in certain cases (depending on the specifics of the organization’s activities).

A work book is one of the documents presented by a citizen when applying for part-time work.

The application is written in a free manner, since there is no unified form for such a document. In this case, the subordinate can use the organization’s letterhead or an ordinary sheet in A4 format.

The application shall indicate the following information:

Full name of the head;
Full name and position of the employee who wants to switch to a new labor regime;
the date from which the employee wants to be transferred to part-time work;
the term of such transfer (if necessary);
start and end times of the working day;
duration of daily work;
justification for transfer to part-time work;
date of application and signature of the employee.

The application is drawn up in two copies. One copy remains in the organization, and the second is signed by the manager and given to the subordinate.

An employee of an organization planning to work part-time must indicate in the application the desired length of the working day

An employer who wishes to introduce part-time work in an organization must notify his subordinates about this two months before the planned actions. At the legislative level, a mandatory form of such a document has not been introduced for everyone.

The order contains the following information:

name of company;
order details;
the basis for issuing the order;
the period for which part-time work is introduced;
information about the employee.

https://www.youtube.com/watch?v=ytadvertiseru

After the order is approved by the manager, the employee must sign. This will indicate that he has read the order.

The order to introduce part-time work must contain information about the duration of such a period

An additional agreement to the employment contract is drawn up in free form. The document must contain innovations related to the establishment of a new labor regime.

Thus, the additional agreement states the following:

name of company;
Full name of the head;
Full name and position of the employee with whom the agreement is signed;
details of the employment contract, the terms of which will be changed;
labor time under the new operating mode;
duration of the agreement;
change in the conditions for calculating remuneration for labor.

The agreement is signed by the two parties to the labor relationship.

If a citizen has been working in an organization for some time, there is no need to conclude a new employment contract when introducing part-time work. In this case, an additional agreement is drawn up

Procedure for transferring to a part-time work schedule

The procedure for transferring to a reduced work schedule must be formalized strictly in accordance with the Labor Code of the Russian Federation. The initiator of changes can be the employer or the employee.

Working hours can be reduced based on:

Article 93 of the Labor Code of the Russian Federation - by agreement of the parties;
Article 74 of the Labor Code of the Russian Federation - at the initiative of the employer.

Based on Article 74 of the Labor Code of the Russian Federation, the employer is obliged to inform the employee in writing about changes in the terms of the employment contract in connection with the reduction (for example, about a part-time working day or week) 2 months in advance. If the employee is against reduced working hours due to changed organizational or technological working conditions, then dismissal is issued under clause 2 of Article 81 of the Labor Code of the Russian Federation. But the use of Article 74 of the Labor Code of the Russian Federation during the coronavirus period is not rational.

If the employee agrees, then an additional agreement can be drawn up at an earlier date, which is especially important in the context of coronavirus, and reference must be made to Article 93 of the Labor Code of the Russian Federation.

The terms of the number of working hours and days are specified in the employment contract. If this duration is reduced, then changes must be made to the contract using a separate additional agreement.

In general, the procedure for transferring to a part-time reduced work schedule comes down to the following steps:

Step 1. Proposal to the employee to reduce working hours (preferably in writing).
Step 2. Obtaining consent from the employee to part-time work (also preferably in writing).
Step 3. Drawing up an additional agreement to the employment contract on new conditions.
Step 4. Drawing up an order for a shortened day or week (transfer to part-time work).
Step 5. Familiarization of the employee with the order to reduce time.

How to formalize a reduction in working hours for an employee?

To apply for a shortened day or week, you need to complete the following documents:

notification of transfer to part-time work;
consent to change working conditions;
additional agreement to the employment contract;
an order to shorten the length of a day or week.

If changes are accepted by mutual agreement of the parties, then agreements can be reached orally without issuing written notice and consent.

An additional agreement signed by both parties will confirm the consent of both parties to reduced working conditions.

The additional agreement must contain only those conditions that change compared to the existing employment contract. In the text of the additional agreement, you must indicate the details of the employment contract to which it is attached, the details of the employee and the organization, register a new work schedule, duration of working hours and rest, and also indicate the period for which this agreement was concluded. At the end of the term, the additional agreement loses its force and the employment relationship continues under the conditions specified in the employment contract.

The agreement must be drawn up in two identical copies; after signing, each party receives its own document and attaches it to the employment contract.

A sample additional agreement on the introduction of a shortened work schedule (you can download it in Word in the article below):

An order to introduce part-time work is drawn up after the preparation of an additional agreement; it can be issued in relation to one employee or a group, a division or the entire enterprise as a whole.

The text of the order makes reference to the need to prevent the spread of coronavirus on the territory of the enterprise and provides the instructions of the manager:

establish a part-time working schedule (shortened day or week) indicating working hours and breaks;
set the validity period of the changes (you can not indicate specific dates, but write the phrase “until the introduction of the regime of daily activities”;
determine the procedure for calculating wages during the reduction period - in proportion to the time worked.

The order is signed by the manager, and all employees become familiar with it and sign it.

Sample order on introducing part-time work:

Sample order and additional agreement on a shortened day or week

.
.