How to legally transfer employees to part-time work

Transfer procedure

The translation must be carried out in a certain manner, regulated by law or established by local acts of the enterprise (but not contrary to the law). The procedure is not complicated, but, nevertheless, it has some subtleties and features.

First of all (if the transfer proposal comes from the employer), the employee must be notified in writing about the upcoming event two months before its occurrence.

But if the employee gives verbal consent and the relationship between him and the employer is good, this preliminary action can be dispensed with. After this, a number of personnel documents are drawn up:

1. First, a written statement must be received from the employee - this is the most important document that will indicate that the transfer occurs at his voluntary expression of will.
2. Then an additional agreement to the employment contract is concluded with him, which specifies the working conditions: the scope and nature of the duties, the date from which he must begin performing them, the length of the working day, etc. intelligence.
3. You should definitely note the amount and form of payment - this parameter often changes upward when moving to full-time work.
4. Then the organization, on behalf of the director, issues a corresponding order in any form, with which the employee must be familiarized with signature, after which he can begin working in a new daily routine.

How to correctly fill out an order to transfer an employee 0 5 rates – Legal services

Today there is no standard unified sample application for transfer to 0.5 rates, so employees of organizations can write it in free form or according to a template developed and approved within the company. The main thing is that the structure of the document complies with the norms of office work, and the text complies with the rules of the Russian language.

The application must indicate

• addressee, i.e. the name of the enterprise where the employee works,
• Full name of the director (or a person authorized to act on his behalf),
• applicant details: structural unit, position and full name.

The main part of the application should include the employee’s desire to transfer to part-time work and the date from which this must be done (everything here is written in the first person). Further, if there are any compelling or valid reasons for the transfer, they also need to be entered here.

If there are any additional documents to the document, for example, which can serve as an objective justification for the inevitability of translation, this also needs to be reflected in the main text, noting it as a separate paragraph in the form of an appendix.

When hiring an employee, an agreement is reached on working conditions, including work hours, working hours, wages, etc.

In the future, for various reasons, there may be a need to transfer part-time.

We will tell you in this article about the rules by which such a change in an employee’s working conditions occurs.

The employee himself can come up with the initiative to reduce working hours. For a variety of reasons (study, work, caring for a family member, etc.

) an employee can ask the employer to allow him to work less than his full salary and to reduce his number of working hours. In this case, remuneration will be made in proportion to the time worked.

In this case, the employee writes an application for transfer to part-time, a sample of which is given below. Having received such a statement, the employer must consider it and make its decision.

... Thanks everyone for the answers. I want to draw the moderator’s attention to this message, because: Notification is being sent... Big_Repa" [e-mail hidden] Belarus, Soligorsk #8[257991] February 3, 2011, 17:59 Wait a second, Julia, you didn’t say a word about part-time work .

then only through dismissal and hiring again. I want to draw the moderator's attention to this message because: A notification is being sent...

• Themes:
• Employee transfer
• Part-time work

Part-time work can be established for one or more employees in an organization.

This procedure entails a change in the essential terms of the employment contract.

Therefore, registration of transfer of an employee to 0.5 pay rate should be carried out in compliance with all legal regulations. From the article you will learn:

• what are the rules for transferring an employee to part-time status?
• what is the procedure for processing a transfer of 0.5 rates (at the initiative of the employee, employer);
• What is the employer’s responsibility for violating the procedure for transferring to part-time work.

The Labor Code states that, by agreement with the employer, an employee can work part-time (Article 93 of the Labor Code of the Russian Federation). In this case, the salary or tariff rate changes - the salary is paid in proportion to the time worked.

1. Who is being transferred - full name, passport details, position held.
2. The new work schedule is full-time, full-time.
3. It is necessary to indicate a break for lunch and rest.
4. Indicate the date from which the order comes into force and the period for which this order will be valid.
5. Indicate how payment for the work will be determined - tariff rate, monthly salary, etc.

You must indicate the name of the organization, date, document number, and city of location of the enterprise.

The administrative part provides information about changes in working conditions in accordance with the additional agreement.

In order to transfer an employee to full time, an additional agreement must be concluded. This document must reflect that from the moment the contract and order are signed, this work is the employee’s main place of work.

Attention

Sometimes a unified T-5 form is used for this (an order to transfer an employee to another job). However, in this case there is no change in the labor function, only the working hours and salary change, so the use of this form is inappropriate.

In times of crisis, many companies transfer employees to part-time work in order to avoid massive staff reductions.

One of the acceptable ways is to reduce the amount of hours worked per week, for example, instead of 40 hours, 36 were worked.

The second method is to reduce the number of days worked per week, but with the same hours - a shortened work week. For example, working hours are set at 8 hours from Tuesday to Friday.

We emphasize that the transition to part-time work (hereinafter referred to as NWP) does not affect the duration of annual paid leave and the accumulation of total work experience, therefore its use is rarely negative.

The manager must know that a transfer to NSD cannot be carried out without the written consent of the employee, and if the transfer is carried out at the initiative of the employer, then the period of such activity can be no more than six months.

If the employee does not want to switch to NSD, in accordance with Art. 81 of the Labor Code of the Russian Federation, he can be dismissed on the basis of a change in the total number of personnel with the subsequent accrual of severance pay. This information is provided in more detail in Art. 178 Labor Code of the Russian Federation.

But we should not forget: when a hired employee appeals to the higher authorities and confirms that the transfer to NSD was carried out without a valid reason, your actions will be considered unlawful. And the court will rule to reinstate the employee under the same working conditions, and you will receive additional expenses in the form of compensation payments.

It is impossible to refuse

Payments to part-time employees are made in proportion to the number of hours worked or the amount of work done.

It is necessary to document the decision to change the form of work activity, i.e. draw up an agreement (Art.

72 of the Labor Code of the Russian Federation), and do not forget to notify the team about the change in the working regime 2 months in advance under signature.

According to Art. 93 of the Labor Code of the Russian Federation, the transition to NSD is possible only by agreement of the parties, but there are reasons when an organization is forced to provide part-time work at the initiative of the employee, for example, due to family circumstances.

You cannot refuse a transfer to NSD:

• Pregnant employee.
• A parent (guardian, trustee) raising children under 14 years of age, including disabled children under 18 years of age.
• An employee caring for one of the family members and documenting this fact.

What not to do when translating

When transferring, there is no need to conclude a new employment contract with the employee (except for those cases where he previously worked part-time and wants to completely “reset” the documentation).

There is also no need to make any notes in the employee’s personal card or in his work book, or to assign the employee a new personnel number. But as for recording working time, it will need to be done in a new way.

It is strictly unacceptable to transfer an employee to full-time work without his written consent.

Such an approach would be a serious violation of current labor legislation and, if detected, would inevitably lead to punishment from supervisory authorities.

Does the employer have the right to say “no” if the initiative comes from a subordinate

In most cases, the employer has the right to refuse to transfer an employee to 0.5 rates if he believes that this could harm the work process or for some other reason considers it inappropriate. However, there are categories of employees for whom refusal is unacceptable. These include:

• pregnant women,
• minors,
• parents raising children alone under 14 years of age or under 18 if the child is disabled,
• citizens who are in the care of seriously ill close relatives.

Part-time, half-time work

In some cases, the organization is obliged to establish such a regime for an employee.

Part-time working hours must be formalized by law. It’s not enough to coordinate the issue with your superiors and start going to work according to a new schedule. This must be done at the request of: a pregnant woman; one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age); an employee who is caring for a sick family member in accordance with a medical report. Employees for whom the employer is obliged to establish a part-time work schedule can express their wishes regarding the work schedule. For example, a pregnant employee has the right to ask that her work day begin two hours later than other employees.

The employer, in turn, is obliged to take into account the wishes of such an employee. In this case, the employer makes a decision on the work schedule taking into account the specifics of production. The employer is obliged to establish a partial schedule for any period convenient for the employee.

How to create an order

The order to change the rate does not have a mandatory form, but contains the following information:

• FULL NAME. and the position of the employee in respect of whom it was issued;
• the fact of changes in working conditions and how they were expressed: it is necessary to register how many hours a day the employee now works, the work schedule and the new salary;
• the date on which the changes take effect;
• basis for change;
• list of persons responsible for execution of the order.

The order is assigned details: date of publication and number. The document should be executed on the organization’s letterhead or indicate information about it: full name, INN, OGRN, address. The order is signed by the head of the organization or a person authorized to sign such documents by power of attorney or constituent documents.

All employees to whom it concerns are familiarized with the order and signed.

How to arrange a transfer at the request of an employee

Both the employee and the employer have the right to initiate the transition of an employee to full-time work. The instructions depend on this. Here's how to transfer an employee to full-time if the initiator is the employee:

Step 1. An official application is submitted to the employer with a request to transfer to full time.

Step 2. If the employer accepts the offer, he draws up:

• agreement to change the terms of the employment contract;
• order to change the rate.

Additional entries are not made in the work book, because the employee remains in his previous position.

After the order is issued, the employee goes out for a full day.

Documenting

Main documents that need to be drawn up:

• application for transfer to full time;
• additional agreement;
• order.

The application is drawn up in any form, but only in writing. In general, such a form should only meet the parameters of business documentation: have structure and a clearly expressed message. It is better to draw it up in two copies and submit one to the employer with a mark of acceptance on the original.

The additional agreement must not only indicate that the operating mode is changing, but also list specific indicators: working hours, lunch break time, wages.

An order to transfer an employee to full-time employment is the completion of the formalization of new terms of the relationship between the parties. It is drawn up in any form; there is no unified standard for such a form. It should indicate the features of the new labor regime and its payment. The employee must be familiarized with this document upon signature.

Sample order

How to draw up an additional agreement

The additional agreement is drawn up in writing and contains:

• details of the initial employment contract;
• names of the parties;
• date and place of imprisonment;
• a list of conditions of the original contract that change: working hours, work schedule, salary;
• effective date;
• indication of the number of copies;
• signatures of the parties: the employee and the authorized employee of the employer.

The essence of part-time translation

Transfer to part-time work occurs by concluding an additional agreement, which specifies the changed working conditions. Before it was signed, a person worked under general conditions and received appropriate payment for it. After the transfer, the working day is shortened, and along with it the remuneration

for the work done. The salary is set in accordance with the hours worked and the amount of work performed.

The initiator of such transformations can be the employer

, if the company needs it. Also, the employee himself can come up with an initiative to reduce the rate. He may have personal reasons for this.

When to transfer to full time

Step 1. An official application is submitted to the employer with a request to transfer to full time.

Step 2. If the employer accepts the offer, he draws up:

• agreement to change the terms of the employment contract;
• order to change the rate.

Additional entries are not made in the work book, because the employee remains in his previous position.

After the order is issued, the employee goes out for a full day.

Changing an employee’s work schedule at the initiative of the employer does not imply the filing of an application by the employee. Otherwise, the question of how to formalize the transfer of an employee to full time is resolved in exactly the same way:

1. The parties sign an agreement that changes the terms of cooperation.
2. The employer issues an order.

We invite you to familiarize yourself with an overview of the practice of the Supreme Court of Osago
Step 1. Written notification to the employee that the organizational or technical working conditions have changed in the organization, which led to the need to change the terms of cooperation with the employee. The notice must again invite the employee to voluntarily sign the agreement.

Step 2. If the employee refuses to sign the agreement even after official notification, the employer is obliged to offer the citizen an alternative place.

Step 3. If there are no alternative places or if the work refuses the proposed options, the employment contract is terminated according to clause 7 of Art. 77 Labor Code of the Russian Federation.

Part-time work: Labor Code.

Management may need to establish part-time work for various reasons. Most often this is due to economic problems in the company, when the employer chooses to reduce working hours or fire part of the staff. Article 93 of the Labor Code of the Russian Federation

It should be noted that the mentioned document has not been ratified by Russia. But commitments were made to review its provisions for approval by Russian trade unions and employers' associations.

The Labor Code states that several options for organizing work in this mode are possible:

• Reduce the number of working days per week, but still maintain the usual working hours or shifts.
• Reduce the length of the working day or shift by certain hours (all working days of the week are reduced).
• Reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in the week.

However, one should not confuse part-time work with shortened work, which is referred to in Article 93 of the Labor Code of the Russian Federation and which is established for certain categories of citizens.

Actions of the employer to introduce part-time work

The transfer is often initiated by the employer, who offers the employee to reduce working hours. Depending on the reasons that gave rise to such a proposal, the legal relations of the parties may develop differently.

According to the 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 him to part-time work.

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

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

If an employee refuses the offered vacancies and does not want to work in the new conditions, then he is fired.

If the employee agrees to be transferred to part-time work, an order to change the 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 concept of “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 changes, therefore, as such, a transfer is not carried out. Only the working hours condition changes.

Typically, an employer undertakes such a transfer during difficult financial times in order to save on wages. Some organizations practice temporary transfer of workers to 0.5 rates during the low season, when the company's profits decrease. Modernization of an enterprise can also cause such a transfer, for example, due to automation, the share of human labor in the production process is reduced. Changes in the employee’s working conditions must be recorded.

To protect the rights of workers, Article 74 of the Labor Code of the Russian Federation spells out the nuances of introducing a part-time regime:

• legislatively introduced for a period of no more than six months (6 months);
• the employer will need to prove the need to switch to 0.5 rates due to changes in working conditions; detailed information about these reasons will be included in the order;
• a transfer to 0.5 rates can be applied when the employer seeks to reduce the mass dismissal of workers.

The employee must be notified of the new work schedule. The law requires this to be done in writing, with an explanation of all the reasons why the transition to 0.5 rates occurs. The employee is notified in advance, at least 2 months before the new work regime is expected to be introduced. If the employer is an individual entrepreneur (individual), he warns the employee at least 14 calendar days in advance (this is stated in Article 306 of the Labor Code of the Russian Federation).

The employee receives notification of upcoming changes against his signature. The notice indicates that the employee has the right to refuse the transfer. They warn that in this case there is a legal basis for terminating the employment contract.

In the event that an employee refuses a transfer of 0.5 rates:

1. The employee is offered another job in writing. It may fit the employee's existing qualifications, or it may be an unfilled position of lower rank (or lower salary). The proposed work must take into account the employee’s health status and be adequate to his capabilities. The proposed work options must be located in the area in which the employee’s current workplace is located. Vacancies in other localities are offered only if specified in an agreement, collective agreement or labor agreement.
2. If the employee refuses the job offer or there is no suitable job, this is grounds for termination of the employment contract.

For those employees who have agreed to work part-time, an additional agreement is drawn up to the main employment contract. And they issue an order fixing the change in the work process. The order is issued in free form.

An employee may switch to part-time work for two reasons:

• of one's own free will;
• at the initiative of the employer.

The first is usually due to some personal circumstances: caring for a child, poor health, etc. An employer, when offering his subordinates part-time work, most often pursues the goal of optimizing work processes and saving money.

In most cases, the transfer of an employee to part-time work requires mutual voluntary consent of the parties, but there are some cases when the employer is obliged to transfer a subordinate, even against his own will. This applies to:

• pregnant women,
• persons caring for sick relatives,
• single parents of children under 14 years of age or under 18 if the child is disabled.

Of course, all these cases must have documentary evidence.

In order for an employee to work part-time, a written application is required. But based on this document, an order is issued in which the employer establishes the requirement to draw up an additional agreement to the employment contract with the employee. The agreement, in turn, specifies new working conditions, incl. work schedule and number of working hours. Next, information about all changes is entered into the employee’s personal card.

The transition to part-time work at the will of the employer is almost identical to how it occurs if such a desire comes from a subordinate.

However, there is one important difference that cannot be ignored: the employer is obliged to notify the employee at least two months before the event itself, strictly in writing.

If the employee is against it, he must put a corresponding mark on the notice. In this case, management must provide him with a choice of available jobs within the company, and if the employee does not agree to them, or there are none, he may be fired.

1. personally from hand to hand to a representative of the employer;
2. by registered mail with return receipt requested;
3. through a proxy, provided that he has a notarized power of attorney.

This is also possible, and this is a fairly common measure given the deteriorating financial situation of many companies and the threat of mass layoffs. In this case, a shortened working day (Article 74 of the Labor Code of the Russian Federation) is introduced for a period of up to 6 months.

If the regime is changed by the administration of the enterprise, it is very important to adhere to the rules established in Art. 74 of the Labor Code of the Russian Federation, since such decisions cause many conflicts and must be carefully documented.

Each employee must be notified in writing about changes to the terms of interaction separately two months before the start date of their application, also stating in the notice the reason for such a decision.

If the specialist's consent is not obtained, he must be offered another position in accordance with his qualifications and state of health (all suitable available vacancies must be offered). In the absence of such a vacancy or in case of refusal, the employee must be dismissed on appropriate grounds. All documents must be in writing and filed on file.

If consent to the new conditions is received, an additional agreement is drawn up similar to that shown above.

Thus, the list of required documents is as follows:

• written notification (in accordance with Article 74 of the Labor Code of the Russian Federation, if the initiative to change the terms of interaction comes from the administration of the enterprise);
• additional agreement;
• order.