Employment contract with part-time worker
The provisions of Article 57 of the Labor Code indicate what information should be included in the employment agreement. In particular, information about the work schedule, when exactly a person begins to perform his duties and when he finishes, may not be specified in this act. For this reason, no condition is established to reflect in the agreement the time during which the part-time worker works.
The participants in the relationship in question resolve this issue at their own discretion. This opportunity is suitable for those who have an irregular work schedule. An exception to this rule is the situation when a labor regime is established for an individual citizen that differs from the general one for the entire enterprise. Then it becomes necessary to stipulate the labor regime in the agreement.
When a person does not work at the same time on different days, a separate schedule is developed for him. This act reflects the working period; the citizen must be introduced to the document drawn up. Confirmation of the fact of familiarization is the person’s signature on the chart. In this situation, it must be indicated that the work regime for the citizen is introduced according to a schedule approved by the company management.
If necessary, a copy of the plan can be included in the citizen’s personal file. It is imperative to state in the document the fact that the person works in several places at the same time.
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Working hours for a part-time worker in an employment contract
Current legislation indicates that when working in the conditions under consideration, at the second place of performance of labor functions, it is also necessary to form an agreement with the management team of the company. This act prescribes all the subtleties related to this situation. The main requirement is a reflection of the fact that the citizen acts as a part-time worker.
Otherwise, the employment agreement is completely similar to a standard contract. It is formed at the place of main work. The legislator indicates that the management of the enterprise is responsible for maintaining records of working time. This applies to all citizens who work for the company, including those who work part-time.
An important point is that when recording the working time of part-time workers, it is not allowed to exceed the load established in legislative acts. When accounting, you need to take into account certain rules:
It is necessary to take into account the time since the citizen began performing part-time labor functions. This happens until the person terminates his employment relationship with the company.
Basic Concepts
At the workplace in a company or enterprise, the employer does not have the right to demand from his employee the performance of duties not included in the employment contract, as stated in Article 60 of the Labor Code of the Russian Federation. An employee has the right to take up a part-time job in the same organization in two cases, having formalized:
- internal part-time work on the basis of the norms of Article 60.1 of the Labor Code of the Russian Federation;
- combination of positions, in accordance with the norms of Article 60.2 of the Labor Code of the Russian Federation.
In both cases, registration of additional responsibilities requires official employment with the current employer. The registration of an internal part-time employee is based on the application submitted by him and the order of appointment issued on behalf of the manager.
The main difference lies in the way employment is processed. In case of internal part-time work, an employment contract (EA) is concluded. As a result, an employee in one organization has two employment contracts.
Any permanent or temporary employee can become an internal part-time worker. The main requirement is the age of majority (at what age can you conclude a TD?). In addition, the profession of a part-time applicant should not be included in the list of jobs prohibiting part-time work in accordance with the provisions of Articles 282, 329 of the Labor Code of the Russian Federation.
Reference! If the work is one of the hazardous industries or types of work with increased danger, combination is not allowed.
Internal part-time work can be formalized if the nature of the work does not become an obstacle to combination, and also if the employee is not a civil servant, military personnel or a member of regional or federal government.
In this case, internal part-time work is formalized when the employee takes on a proportionate part of the vacant vacancy, registering for it officially, at a quarter or half rate. If an employee expands his work area or scope of activity, he is considered registered for combining positions.
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Part-time worker's time sheet
A time sheet for citizens working part-time should be considered as an act that records the time period worked by an individual citizen. In practice, several formats of the act under consideration are used. These include:
- T-12 format. It is used in situations where it is necessary to reflect the periods worked and calculate earnings for this time.
- Form T-13. It indicates only those hours during which the part-time worker worked.
The specified formats are approved by employees of the country's State Statistics Committee.
In addition, each individual enterprise has the opportunity to develop its own form in order to record time worked. The time sheet reflects the time periods during which the citizen worked in the company. It is also permissible to use the option when the time when the person did not fulfill his part-time duties is subject to recording.
It is also worth considering that for the category of citizens in question, the established details are reflected in the report card. These include a personnel number, which is assigned to each individual person. The surname and initials of each employee, position held and current profession must be indicated. In addition, it must be stated how many days and hours worked by an individual person.
Particular attention is paid to overtime and night hours, as well as the performance of work duties on days classified as non-working or holidays. It is necessary to register at what time the person did not work, having good reasons for doing so. In this situation, it is indicated why exactly the person did not go to work. For example, this is a temporary absence from work.
It is important to point out that the fact of absence from work must have documentary evidence of valid reasons. This includes a certificate of incapacity for work or an order confirming that a person is on vacation. The time sheet contains information about how many hours worked by an individual person.
What does the law say?
Part-time workers are the same employees as the main employees, having rights and responsibilities enshrined both in the Labor Code of the Russian Federation and in local acts of the institution.
That is, according to the norms enshrined in Article 287 of the Labor Code of the Russian Federation, this category of workers has the right to provide all benefits and guarantees, and in accordance with Article 21 of the Labor Code of the Russian Federation, they must obey the norms and rules of the company, but within the limits established by law.
Labor Code of the Russian Federation
The legal status, as well as the conditions of employment of part-time workers, are covered in Chapter 44 of the Labor Code of the Russian Federation, which states that almost any employee, except minors, has the right to additional employment with several employers, regardless of the industry, but taking into account working conditions and in a certain manner norms of federal legislation.
That is, if there are dangerous factors in the workplace or an established rule limiting part-time work, it will be impossible to find additional employment.
Is it limited?
Also, at the legislative level, in order to maintain a balance between excessive loads and the rest schedule of part-time workers, a rule has been established to limit working hours.
In pursuance of the norms of Article 284 of the Labor Code of the Russian Federation, additional workers can work no more than 4 additional hours on a weekday, thus fulfilling only 50% of the standard labor hours per month.
But on days when an additional employee at the main place of employment is free, it is possible to work a full shift, subject to the individual monthly workload.
Although, as an exception, part-time workers are given the right to work for a full month, but only in the event of removal from duties in the main position precisely through the fault of the employer in accordance with Article 73 of the Labor Code of the Russian Federation. Either due to the suspension of labor activity in accordance with Article 142 of the Labor Code of the Russian Federation, that is, due to the occurrence of arrears in wages.
In what documents and how is it recorded?
As a rule, the labor regime of any enterprise is fixed in several local acts, in particular, this condition is mandatory:
- in the Rules establishing the company’s labor regulations;
- in an agreement adopted collectively and provided that it is published at the enterprise;
- in the cooperation agreement between the company and the newly hired employee.
In some cases, the working regime may be specified in the order if changes are made to this condition, for example, in the case of introducing part-time work, and the newly introduced condition will be enshrined in an additional agreement to the previously executed employment contract.
It is also mandatory that working hours are recorded in the working hours report card, which is used in all enterprises without exception, and are the basis for calculating wages depending on the time worked.
Internal labor regulations
This document is one of the main local acts with the help of which the daily life of each enterprise is regulated.
The Rules stipulate:
- conditions of employment and termination of employment relations, as well as the procedure for applying the probationary period;
- the amount of remuneration taking into account additional payments for special conditions of employment;
- responsibilities, as well as rights of the parties to labor relations;
- employment and rest regime taking into account the norms of the law, that is, the procedure for introducing part-time or reduced working hours.
The Rules may also stipulate:
- shift schedules;
- the procedure for summing up hours worked;
- conditions of compensation for irregular work schedules;
- the length of special breaks for heating, taking into account the specifics of the enterprise.
Collective agreement
The execution of a collective agreement at the legislative level is not mandatory, but the procedure for its formation by the parties to legal relations is nevertheless stipulated in labor legislation, namely in Chapter 7, since this document plays an important role in labor activity, in terms of providing social benefits.
The collective agreement serves as an additional act in which the employer stipulates a number of compensations and guarantees that are not established in federal regulations, but can be established at the request of management. For example, in a specified act, it is possible to establish additional leave for mothers if they have small children, or to provide for an increased level of the same days of additional leave for special or dangerous working conditions.
Also, the collective agreement can stipulate the conditions for providing business trips, paying expenses when an employee moves, or providing compensation to pay travel expenses while on vacation. You can also prescribe special cases to establish an individual work schedule, or make changes to the general schedule due to certain circumstances.
Employment contract
According to the norms enshrined in Article 67 of the Labor Code of the Russian Federation, a cooperation agreement is also a mandatory document that must be concluded between the parties and drawn up in writing.
Also, in accordance with Article 57 of the Labor Code of the Russian Federation, this document must have a list of mandatory conditions:
- labor function;
- workplace;
- amount of payment;
- mode of work and rest.
Although the law allows for the introduction of additional conditions, if any are applied in the course of work.
Time sheet
The timesheet of hours worked has the established form T-12 and is maintained mainly manually, that is, by daily filling in the hours worked at the end of the shift, taking into account data about employees on the basis of orders of absence for one reason or another, justified by the law.
Time sheet (unified form T-12)
The agreed document is mandatory regardless of the number of employees and the basis for calculating wages.
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Maximum working time
The legislation reflects that working time for the group of employees in question cannot be more than four hours. In addition, it is stipulated that for some types of work that are associated with the difficulty of issuing a standard form regarding work of no more than 4 hours per week, it is permissible to use the option with summarized accounting of working time. The main condition is the consent of the trade union.
It is also stated that during a monthly period a part-time worker cannot work more than half of the established standard for 30 days. The introduced restrictions are subject to cancellation if the citizen is released from his duties at his main place of work. In addition, restrictions are lifted in a situation where a person, on his own initiative, terminates his relationship with the company.
This indicates that each week for a part-time worker the working period cannot be more than twenty hours. It is understood that the norm is set at four hours per day. It must not be exceeded. It is also worth remembering about companies whose work schedule does not allow for standardized work. Then it is permissible to set the working day to more than 4 hours.
In this situation, the condition that must be complied with is that one must work no more than twenty hours per week. This applies to those who work part-time. Here the provisions on cumulative time recording do not apply.
Commentary on Article 284 of the Labor Code of the Russian Federation
The commented article is of a law enforcement nature and has a goal aimed at protecting health.
Compared to the generally accepted law, the legislator reduces the standard working time for a part-time worker. The daily maximum working time cannot exceed 4 hours, the weekly limit - 16 hours. Article 284 of the Labor Code allows an employee to establish a four-day working week with a four-hour working day or a five-day working week with a daily shift duration of 3 hours 12 minutes. This is a general rule. An exception to this is made for teaching, medical, pharmaceutical and cultural workers. For them, the duration of part-time work for a month is established by agreement between the employee and the employer and under each employment contract. However, regardless of the agreement between the employee and the employer, it cannot exceed:
- for medical and pharmaceutical workers - half of the monthly working time rate, calculated from the established length of the working week;
- for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
- for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage of them - a monthly standard of working time, calculated from the established length of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by federal executive authorities, and in institutions and other organizations under the jurisdiction of constituent entities of the Russian Federation or local governments - in the manner determined by state bodies authorities of constituent entities of the Russian Federation or local governments;
- for junior medical and pharmaceutical personnel - monthly standard working hours, calculated from the established duration of the working week;
- for teaching staff (including trainers-teachers, trainers) - half of the monthly standard working time, calculated from the established length of the working week;
- for teaching staff (including trainers-teachers, trainers), for whom half of the monthly standard of working time for their main job is less than 16 hours per week, - 16 hours of work per week;
- for cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - a monthly standard of working time calculated from the established length of the working week (subclause b" clause 1 of the Resolution of the Ministry of Labor of Russia of June 30 2003 N 41).
In addition, the law provides for a special rule for medical workers of healthcare organizations living and working in rural areas and urban settlements. For them, the maximum duration of part-time work has been increased to 8 hours daily and up to 39 hours per week, in accordance with the Decree of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in healthcare organizations for medical workers living and working in rural areas.” localities and in urban settlements."
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Working hours on the pre-holiday day
Regardless of which category the employee is assigned to, on the day preceding a holiday the length of the working day is reduced by an hour. These provisions are reflected in Article 95 of the Labor Code. However, this act does not provide for separate provisions for persons who work part-time.
We can conclude that general rules are established for all employees, regardless of the company where they work. This suggests that for part-time workers, a shorter duration of the pre-holiday day is also provided. Similar provisions apply to other categories of employees.
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AP-2601/2011) State institution - Tyumen regional branch of the Social Insurance Fund of the Russian Federation represented by branch No. 1 on the decision of the Arbitration Court of the Tyumen Region dated February 21, 2011 in case No. A70-12449/2010 (judge I.G. Sviderskaya), adopted at the request of the limited liability company "Television Production Association Planet 247" to the State Institution - the Tyumen regional branch of the Social Insurance Fund of the Russian Federation represented by branch No. 1 to invalidate the decision to allocate (refusal to allocate) funds for the implementation (reimbursement) of the insurer's expenses for payment of insurance coverage No. 9148 dated 07.09.
How many rates and hours can there be for internal part-time work?
Legislative acts do not reflect restrictions on how many places a citizen can work in part-time conditions. It is provided that one person has the opportunity to simultaneously have several jobs, at each of which he takes half the working rate.
If we talk about internal part-time work, this applies to situations when a person works in one company, but in several positions. The formation of this type of relationship requires the execution of a separate employment agreement. It states:
- how many hours does a person work
- bet amount
- obligations and powers of the parties
- amount of monetary reward
It is legally stipulated that the duration of the working day cannot be more than 4 hours. In addition, it is unacceptable to establish internal part-time work on a full-time basis. The limit value is half of the specified value. The employment contract must reflect the number of hours that must be worked by a person in an additional position. In a week this figure cannot be more than 20 hours.
Before hiring a person, the positions of the company management and the future employee are agreed upon. As a result, a work schedule and a table are formed where special data is entered. The last option is associated with the action of shift work in the company.
The provisions of the employment agreement also specify the procedure for making payments. Several options are allowed:
- payment for time actually worked by a person;
- payments as a certain number of orders are completed.
Currently, companies most often use the first payment option. This is due to the fact that it greatly simplifies the calculations and transfers of amounts to employees.
