Additional Agreement No. 1
LLC "ECOSTROY", hereinafter referred to as the "Employer", represented by director Nikolay Vladimirovich Makhonin and Alexander Ivanovich Terekhin (Russian Federation citizen passport: series 62 05 N 456123, issued on January 21, 2004 by the Zheleznodorozhny District Department of Internal Affairs of the city of Ryazan), acting in its own interests and on behalf of own name, hereinafter referred to as “Employee”, guided by the agreement reached, we have agreed on the following:
1. Provide the Employee with part-time work.
The working week is four days with three days off:
Working days - Monday, Tuesday, Wednesday, Thursday
Weekends - Friday, Saturday, Sunday.
3. Payment to the Employee is made in proportion to the time worked.
4. Validity period of this Agreement:
HIRING ON PART-TIME WORK AT THE MAIN PLACE OF WORK
Legal basis: Labor Code of the Russian Federation, Art. 93, 256
Note to HR:
Incomplete work time can be established in the form of a part-time working day (shift) or a part-time working week
Part-time working hours can be established by agreement between the employee and the employer both upon hiring and subsequently
The employer is obliged to establish a part-time or part-time work week at the request of:
Pregnant woman
One of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age)
A person caring for a sick family member in accordance with a medical report
An employee’s remuneration is made in proportion to the time he works or depending on the amount of work he performs.
There are no restrictions on the duration of annual basic paid leave, calculation length of service and other labor rights (Article 93 of the Labor Code of the Russian Federation)
When working part-time, the employee’s right to a shortened pre-holiday day is retained (Article 95 of the Labor Code of the Russian Federation)
In a part-time mode, the standard working time is the duration of the working day established for the employee, therefore, working hours worked in excess of the established part-time mode are considered overtime (Article 99 of the Labor Code of the Russian Federation).
When working part-time, the employee’s right to a shortened pre-holiday day is retained (Article 95 of the Labor Code of the Russian Federation).
In a part-time mode, the standard working time is the duration of the working day (week) established for the employee, therefore, working hours worked in excess of the established part-time mode are considered overtime (Article 99 of the Labor Code of the Russian Federation).
1. Presentation by the employee of documents required when hiring.
The list of documents presented when concluding an employment contract is determined by Article 65 of the Labor Code of the Russian Federation
See the list of documents presented when concluding an employment contract
Labor Code of the Russian Federation, Article 65. Documents presented when concluding an employment contract
When concluding an employment contract, a person applying for work presents to the employer:
passport or other identification document
work book, except when employment contract is concluded for the first time or the employee starts working on a part-time basis
insurance certificate of state pension insurance
military registration documents - for those liable for military service and persons subject to conscription for military service
document on education, qualifications or availability special knowledge- when applying for a job that requires special knowledge or special training
a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with this Code, other federal law, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution.
In some cases, taking into account the specifics of work under this Code, other federal laws, and Presidential decrees Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.
2. Submission by the employee of an application for employment.
The Labor Code of the Russian Federation does not provide for an employee to submit an application for employment. Therefore, this step is not mandatory. However, in practice, this is where applying for a job begins, because this allows the personnel employee to see the visa of the head of the organization, confirming his consent to hire the applicant. The job application is written in any form, because A unified form for this application is not provided for by law, and is stored in the employee’s personal card.
3. Familiarization of the employee with signature with the internal labor regulations, job descriptions, and other local regulations.
The procedure for familiarizing an employee with local regulations is not fixed by law, so the employer has the right to choose the most convenient way:
A sheet of familiarization with local regulations, which is stitched together with local regulations
Journal of employee familiarization with local regulations
Inclusion in the text of the employment contract of a clause on familiarization of the employee with local regulations.
When hiring (before signing an employment contract), the employer is obliged to familiarize the employee with the internal rules against signature. labor regulations, other local regulations directly related to the employee’s work activity, collective agreement (Article 68 of the Labor Code of the Russian Federation).
The date of familiarization of the employee with local regulations must be no later than the date of signing the employment contract, or coincide with it.
4. Signing an employment contract and a liability agreement (if there are grounds)
The employment contract must specify the regime of part-time work and rest time. In the section “Terms of remuneration” the full official salary (tariff rate) is indicated in accordance with the staffing table and it is stated that the employee is paid in proportion to the time worked based on the established tariff rate (official salary).
5. Registration of an employment contract in the Employment Contracts Registration Journal.
6. Drawing up an order (instruction) for employment
Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The hiring order is announced to the employee against signature within three days from the date of actual start of work (Article 68 of the Labor Code of the Russian Federation).
The order (instruction) on hiring has a unified form - No. T-1 (on hiring an employee) or No. T-1a (on hiring employees), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004.
When filling out the “conditions of employment” line, you must indicate that the employee is hired on a part-time basis.
When filling out the line “with tariff rate (salary)”, you must indicate the size of the rate (salary) according to the staffing table.
7. Registration of an order in the Order Register
8. Familiarization of the employee with the order against signature
The employer's order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work (Article 68 of the Labor Code of the Russian Federation).
At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).
9. Registration of a personal employee card
The personal card has a unified form - No. T-2. approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.
The employee becomes familiar with the information entered in the personal card and the entry entered in the work book by signing on pages 2 and 3 of the employee’s personal card.
10. Making an entry about hiring in the employee’s work book
Part-time employment contract (options available: main place of work/part-time job indefinite term of the contract/fixed-term employment contract with a probationary period/without a probationary period) (general form)
EMPLOYMENT CONTRACT N ____
1. General Provisions. Subject of the agreement
1.1. The employee is accepted by the Employer to perform next works: ________________________________________________ in the position ________________________.
1.2. Work under a contract is the main one for the Employee.
(option:
1.2. Work under a contract is performed in free time from the main job on the terms of internal part-time work (or external part-time work)).
1.3. The Employee’s place of work is ______________________________, located at the address: _____________________________________________.
1.4. The employee reports directly to _____________________________________.
1.5. The Employee’s work under the contract is carried out in safe conditions. The Employee’s job duties are not related to the performance heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special conditions labor.
1.6. The Agreement comes into force from the day it is signed by the Employee and the Employer.
1.7. Start date of work - "___"__________ ____
1.8. This employment contract is concluded for an indefinite period.
(option:
(option:
1.9. In order to verify the Employee’s suitability for the assigned work, the parties agreed to conduct a test within _____ months.
1.10. If the probation period has expired and the Employee continues to work, then he is considered to have passed the test, and subsequent termination of the contract is allowed only on a general basis).
2. Rights and obligations of the Employee
2.1. Job responsibilities of the Employee:
- ______________________________________________________________________
- ______________________________________________________________________.
2.2. Worker:
2.2.1. Complies with internal labor regulations, labor discipline, labor protection and occupational safety requirements.
2.2.2. Treats the Employer's property with care (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and the property of other employees.
2.2.3. Immediately notifies the Employer of the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).
2.3. The employee has the right to:
Amendment and termination of the contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws
Providing him with work stipulated by the contract
Workplace that complies with government regulations regulatory requirements labor protection and conditions provided for by the collective agreement (if any)
Free provision of special clothing, special footwear and other personal protective equipment in accordance with established standards
Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed
Rest ensured by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave
Complete reliable information about working conditions and labor protection requirements in the workplace
Professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws
Association, including the right to create and join trade unions to protect their labor rights, freedoms and legitimate interests
Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any)
Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement (if any), agreements
Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law
Resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws
Compensation for damage caused to him in connection with the execution labor responsibilities, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws
Mandatory social insurance in cases provided for by federal laws.
2.4. Failure to include in the employment contract any of the rights and (or) obligations of the Employee established by labor legislation and other regulations legal acts, containing norms labor law, local regulations, cannot be considered as a refusal to exercise these rights or fulfill these obligations.
3. Rights and obligations of the Employer
3.1. The employer has the right:
Change and terminate the contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws
Encourage the Employee for conscientious, effective work
Require the Employee to perform his labor duties and careful attitude to the property of the Employer (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and other employees, compliance with the Internal Labor Regulations
Involve the Employee in disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation, other federal laws
Adopt local regulations
Conduct certification of the Employee in accordance with the Certification Regulations in order to identify the real level of professional competence of the Employee
Conduct an assessment of the Employee’s performance in accordance with the Regulations on Labor Performance Assessment
With the consent of the Employee, involve him in the performance of certain tasks that are not included in job responsibilities Employee
With the consent of the Employee, involve him in performing additional work in a different or the same profession (position) for an additional fee.
3.2. The employer is obliged:
Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, and the terms of a collective agreement (if any)
Provide the Employee with work stipulated by the contract
Ensure safety and working conditions that comply with state regulatory labor protection requirements
Provide the Employee with equipment, tools, technical documentation and other means necessary to perform job duties
Provide the Employee with equal pay for work of equal value
Pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), and the Internal Labor Regulations
Conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation
Provide the Employee's representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation
Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity or position in the organization
Timely comply with the instructions of the federal executive body authorized to carry out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising control and supervision functions in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms
Consider submissions from relevant trade union bodies, other representatives elected by the Employee about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report measures taken specified bodies and representatives
Create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any)
Provide for the Employee’s everyday needs related to the performance of work duties
Carry out compulsory social insurance of the Employee in the manner established by federal laws
Compensate for harm caused to the Employee in connection with the performance of labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation
Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, a collective agreement (if any), agreements, and local regulations.
4. Working time and rest time
4.1. The employee is given a reduced working time.
4.2. The employee has the following working hours:
With the provision of ___ days off: _____________________.
Duration of daily work - ___ hours, from ___ hours ___ minutes to ___ hours ___ minutes
Break for rest and food - ___ minutes in the period from ___ hours ___ minutes to ___ hours ___ minutes.
4.4. By family circumstances and others good reasons At the employee’s request, the Employer may grant leave without pay.
4.4.1. In cases provided for by law, the Employer is obliged to provide the Employee with leave without pay.
5. Terms of payment
5.1. For the performance of labor duties, the Employee is set an official salary (tariff rate) in the amount of ________ (________________________________) rubles per month.
5.2. Remuneration is made in proportion to the time worked.
5.3. The employer sets additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are determined in the Regulations on employee bonuses (approved by the Employer "___"________ ____), which the Employee was familiarized with when signing the contract.
5.4. The Employee's wages are paid by issuing cash at the Employer's cash desk (option: by transfer to the Employee's bank account) at least every half month (___ day of the current month - for the first half of the month and ___ day of the month following the worked month - final payment per month worked). If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts.
5.5. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.
5.6. The Employer transfers taxes from the Employee’s salary in the amounts and manner provided for by the current legislation of the Russian Federation.
6. Responsibility of the parties
6.1. The parties are liable for failure to perform or improper execution their duties and obligations established by law, Internal Labor Regulations, other local regulations of the Employer and this employment contract.
6.2. For failure or improper performance by the Employee through his fault of the labor duties assigned to him, the Employee may be subject to disciplinary action, provided for in Art. 192 of the Labor Code of the Russian Federation.
6.3. The parties may be held liable for material and other types of legal liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws.
7. Change and termination of the employment contract
7.1. Change determined by the parties terms of the employment contract is permitted only by agreement of the Parties, which is formalized by an additional agreement, which is an integral part of this employment contract.
7.1.1. Changes and additions to the terms of this employment contract may be made by agreement of the Parties upon changes in the legislation of the Russian Federation, the collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation.
7.2. The grounds for termination of this employment contract are:
7.2.1. Agreement of the parties.
7.2.2. Termination of an employment contract at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer no later than two weeks before the expected date of termination of this agreement. The specified period begins the next day after the Employer receives the Employee’s resignation letter.
7.2.3. Termination of an employment contract at the initiative of the Employer.
7.2.4. Other grounds provided for by the labor legislation of the Russian Federation.
7.3. The day of termination of the employment contract in all cases is the Employee’s last day of work, with the exception of cases where the Employee did not actually work, but retained his place of work (position).
7.4. The Employer has the right to decide to make a compensation payment to the Employee in the amount of _______________ in the case of _________________________.
7.5. On the day of termination of the employment contract, the Employer is obliged to issue the Employee a work book and make payments to him in accordance with Art. 140 of the Labor Code of the Russian Federation. Upon written application by the Employee, the Employer is also obliged to provide him with duly certified copies of documents related to work.
8. Final provisions
8.1. A dispute or disagreement between the parties that arose during the fulfillment of the terms of this agreement shall be resolved through direct negotiations between the Employee and the Employer.
8.1.1. If an agreement between the parties has not been reached, then the dispute must be resolved in the manner established by the legislation of the Russian Federation.
8.2. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation.
8.3. This agreement has been drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
Employment contract for part-time work
An employment contract is a document that establishes the employment relationship between the employer and the person being hired. When drawing up an employment contract, it is taken into account what type of work the future employee expects to do – part-time or full-time.
What can a part-time job look like?
Partial day according to Art. 93 of the Labor Code of the Russian Federation comes in several types. These include:
Given that half day the employee is not limited in any way in his rights. Payment of wages occurs for the total number of working hours or depends on production standards.
The employer is obliged to provide part-time workers with:
How is an employment contract concluded?
An employment contract is drawn up when a person is hired. The parties to the agreement are the employer, that is, the owner of the organization, company, firm and the person directly hired. By signing the contract, the employee confirms his obligations to perform work functions in accordance with all the employer’s conditions and compliance with the established work schedule. The employer undertakes to pay for labor and provide all the necessary conditions for work.
The contract must indicate:
If an employee enters into a part-time or full-time employment contract, he must provide the following documents:
When employing minors or under conditions hazardous work Additionally, a certificate from a medical institution is provided.
An employment contract is concluded by an employee of the enterprise's HR department. In order to protect your rights when employed in new job, it is recommended to seek the services of a professional lawyer. If a part-time employment contract is concluded, a sample can also be obtained from specialists or downloaded from the website.
What rights does an employee have when working part-time?
The offer of part-time work can be made by the employee himself or by his employer. But approval of such a schedule occurs only if the employee does not mind working part-time. He must be notified of this two months in advance.
Part-time working conditions do not at all affect the rights of a working employee. The employee has the same paid vacation as other full-time employees. If the day is not full, everything is saved holidays, and compensation is paid based on the average salary for one month.
An employee works at 0.5 rate. How to reflect the terms of remuneration in the contract?
The staffing table of our company provides for an economist with a salary of 16,000 rubles. We want to hire a fifth-year student for this job. And since he will have to combine work with graduating from university, it is planned that he will work for us at 0.5 times the salary.
What should be written down in the employment contract in the section “working hours” and “wages”? It should be written “...the employee’s remuneration is 0.5 times the salary of 16,000 rubles.” or “employee wages 8,000 rubles”? And how to comply with the principle “in accordance with staffing table»?
It is not entirely clear what to indicate in such a situation in the order for hiring an employee - “0.5 rate from 16,000” or still “8000”?
Or do we need to change the staffing table altogether? Help me to understand.
The case when instead of “full” staffing unit We hire “part-time”, familiar to many. Let's think about how to properly formalize such a job application. But we hasten to reassure you: there is no need to change the staffing table.
Regardless of whether you are hiring externally or internal part-time worker, an independent employment contract should be concluded with him. The condition that this work for an employee it is a part-time job, – required condition such an employment contract
By the way, please note: in in this case We should not talk about part-time work, but about combining study with work. These are different concepts. According to the law, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job (Part 1 of Article 282 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation). Consequently, it presupposes that the employee, in addition to part-time work, has another (main) place of work.
Students taking full-time courses at higher education institutions vocational education, belong to the category of the employed population (Article 2 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment of the population in the Russian Federation”). However, studying at a university is not a job for them. since there is no employment contract concluded between the student and the university on the fulfillment of certain work and labor relations did not arise (Article 16 of the Labor Code of the Russian Federation).
At the same time, students can combine training with work in organizations of all forms of ownership, as well as individual entrepreneurs(Clause 69 of the Model Regulations on educational institution higher professional education (higher educational institution), approved Decree of the Government of the Russian Federation dated February 14, 2008 No. 71 “On approval of the Model Regulations on an educational institution of higher professional education (higher educational institution)”). They are subject to all benefits and compensation in accordance with current legislation (Article 177 of the Labor Code of the Russian Federation).
YOU SHOULD KNOW THIS
Salary (official salary) is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation)
As for the staffing table, it includes information about the structure of the organization, official composition, staffing level employees and monthly payroll. At the same time, tariff rates (salaries) for positions are established on the basis that the employee works full time according to the staff unit.
According to the Instructions for the use and completion of forms of primary accounting documentation for recording labor and its payment (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval unified forms primary accounting documentation for the accounting of labor and its payment") in the staffing table, the number of staff units can be indicated both in whole numbers and in corresponding shares. for example 0.25 0.5 2.75, etc. ( example 1). The presence of a full staff unit in the staffing table does not exclude the possibility of hiring an employee at 0.5 rate or two employees at 0.5 rate each for this position, while the value of 0.5 does not mean that an employee should be hired for this position only part-time . This position can also be taken by an employee for whom this work will be the main one.
If in the staffing table the position “economist” has a full rate, then in column 5 “Tariff rate” the salary of 16,000 rubles should be indicated. and payment for part-time work is determined in proportion to the time worked. That is, remuneration will be made at the rate of 0.5 salary (tariff rate) in accordance with the staffing table.
If an incomplete rate was determined in the staffing table, for example 0.5 of the rate, then payment is made in accordance with the specified rate (in column 9 “Total” you should write 16,000x 0.5 = 8,000 rubles).
When hiring a part-time employee, the employment contract must reflect the official salary in accordance with the staffing table and fix the condition of payment in proportion to the time worked. The employment order (instruction) must indicate the employee's actual salary.
Currently, labor legislation provides for the possibility of employment in various ways. Including ½ rate.
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However, it will be necessary to conclude a specialized employment contract. In it, such an operating mode must necessarily reflect the operating mode itself.
Agreement conditions
The employment contract of an individual entrepreneur with a part-time accountant or an employee of another category is concluded in a standard form. Today, the legislation does not have a unified format for a document of this type.
But at the same time, there are specialized documents that regulate at the legislative level the issue of drawing up the text of this agreement.
Violations of legal norms should not be allowed. This can cause a fairly large number of different problems to arise.
Particular attention will need to be paid to the conditions labor agreement. At the moment there is a list of mandatory ones. All of them are reflected precisely in the Labor Code of the Russian Federation.
These include the following:
- place of work and if the work is carried out in any branch, you must indicate the exact address of the location;
- specific type of work performed, job description;
- the start date of the employment agreement (if it is fixed-term, the end date);
- conditions for payment of labor - when exactly funds are accrued and in what amount;
- mode of work and subsequent rest;
- the amount of compensation for performing certain job duties;
- conditions that determine the performance of work;
- insurance conditions - social and other.
It is also possible to include various additional conditions in a standard contract concluded at ½ rate.
These additional ones include the following:
- the need to pass probationary period;
- on non-disclosure of received by virtue of implementation labor activity information;
- about the need to work for a certain period of time if training takes place at the expense of the employer;
- on additional voluntary insurance of an ordinary employee;
- about changes in better side social and living conditions;
- on clarifying the rights of the employer/employee.
You should remember large quantities the most different features, nuances related specifically to the conditions of concluding an employment agreement. The employer can independently, at his discretion, add any terms of the agreement.
But we should remember that it is inadmissible to violate current labor laws. Otherwise, the agreement may be declared invalid or partially invalid.
How to apply and its sample
A standard employment contract should include the following main sections:
- full details of the parties who entered into this agreement;
- all information about the documents that were presented by the employee when concluding the agreement;
- individual tax number of the taxpayer;
- if the agreement was signed by a representative of one of the parties - information about him (them);
- date/place of conclusion of the contract.
If possible, you should carefully read the correctly compiled sample. This is especially important if there is no experience in creating this kind of documents.
Typically, the agreement includes the following main points:
- the duration of the contract itself;
- duration of the probationary period;
- list of employee rights and responsibilities;
- list of rights and obligations of the employer;
- characteristics of working conditions;
- work/rest schedule;
- conditions/types of social insurance;
- others essential conditions employment contract;
- terms of termination of the agreement;
- how the employment contract comes into force.
At the bottom of the document in mandatory a signature is affixed with a transcript. It is best to sign an employment contract for an individual entrepreneur with a part-time seller and with other employees on the day of hiring. You should also remember the need to follow a certain algorithm of action when concluding an agreement.
The hiring itself is carried out in the following order:
- provision of all documents required in a particular case (the full list of required ones is reflected in the Labor Code of the Russian Federation);
- medical examination - if the need for this is provided for by law;
- informing the employer of all data required in a particular case;
- receiving a corresponding statement from a potential employee - this is not established by law, but is desirable;
- the employer must familiarize his employee with all regulations, as well as the collective agreement, against his signature;
- directly concluding the contract itself;
- conducting registration accordingly;
- delivery to the employee of one of the copies of the contract;
- issuance of a special order on employment;
- familiarization with the employee’s order;
- making an entry in the labor record;
- registration of an employee’s personal card.
The algorithm for concluding an employment agreement itself is established at the legislative level. Therefore, you should not violate it.
Since this can cause very serious problems with the employer. Which, subsequently, may cause questions from the labor inspectorate and other regulatory authorities.
Features of a part-time employment contract
Today, part-time work refers to an employment format in which the working hours are shorter than usual for a particular employer.
It should also be remembered that such an employment contract must be concluded mandatory for certain categories of employees. Their list is reflected in the current legislation - in the Labor Code of the Russian Federation.
At the same time, a part-time worker can be not only a day, but also a shift, a week. But it is important to remember that the issue regarding certain working hours must be outlined in the employment agreement itself.
At the request of the following employees, the employer is obliged to establish part-time work:
- pregnant women;
- one of the parents, if under his or her care there is a child under 14 years of age (or a disabled child under 18 years of age);
- if the employee is caring for a sick family member for medical reasons.
Part-time employment is carried out by prior agreement, or in some cases changes are made to the contract after employment.
Contracts of this type have the following main features:
- remuneration is always made in accordance with the time already worked;
- no restrictions are imposed on the duration of annual leave;
- length of service is calculated in a standard way - no recalculation is made for the duration of work duties;
- It is not necessary to indicate exactly how many hours a day you need to work.
Otherwise, the half-time employment contract is completely standard and is subject to labor legislation. As much as possible, all issues related to the preparation of this document are reflected in current edition.
At the same time
It is allowed to draw up an employment contract for a part-time part-time job. But at the same time, you should remember some features of the part-time agreement.
The most significant include the following:
- part-time work cannot last more than 4 hours during one working day;
- leave is granted simultaneously at two places of work;
- To conclude a part-time employment agreement, you will need to provide standard set documents;
- the list of persons who have the opportunity to conclude this type of employment agreement is limited.
If possible, you should familiarize yourself with a correctly drawn up sample part-time work agreement in advance. You can find an example on the Internet. Any difficulties most likely will not arise.
A part-time employment contract is a written agreement between an employer and an employee, according to which the employee will work only half of the required working time. The contract also sets out the work schedule of such an employee. We’ll tell you how to arrange everything in order to prevent violations of labor laws.
In accordance with Article 93 of the Labor Code, a newly hired or existing employee can agree with the manager on part-time work. In this case, they enter into a part-time employment contract. The document indicates the mode of alternation of work and rest:
- week after week;
- going out for several days a week (in a row or at intervals); Article 93 of the Labor Code
- part-time work (before or after lunch);
- other options.
For certain categories of persons listed in Article 93, such working hours are established upon personal application. And the manager has no right to refuse them. In other cases, everything depends on the opinion of the employer.
What is bet and half bet
In Russian labor legislation There is no concept of “part-time”. The term "tariff rate" is used when wage 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. NPR is established 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.
How to write it in an employment contract
Sometimes employers do not stipulate that the employee is only employed half the time. However, this is considered a violation, as is the case when someone working 40 hours a week is registered as part-time. After all personal income tax sizes and contributions to extra-budgetary funds are determined on the basis of an agreement.
If a part-time day is not specified in it, then the employer must make contributions in full. Otherwise, he will be fined during an on-site inspection, when the tax inspector gets acquainted with the orders.
Therefore, the paragraph regarding the work and rest regime must certainly reflect the following nuances:
- establishing part-time work;
- specific operating mode (hours or days per week, hours per day);
- break time.
Similar information is reflected in the order.
What do you need to transfer to a part-time position?
If an employee worked full-time and then needed to be transferred to part-time work (for example, due to pregnancy or caring for a relative), 2 documents will be needed.
First, this is the employee's statement. It must justify the reason for changing the operating mode. A supporting document (for example, a certificate from a antenatal clinic or a medical report) is attached to it.
Secondly, this is an additional agreement to the employment contract. In it, the point regarding the work and rest regime is set out in a new edition.
Labor legislation allows any person wishing to find a job to choose the most suitable convenient option with a suitable work schedule. For example, if a person cannot be busy all day, he may well agree to part-time work. The only condition for such employment is documentation.
In this article we will look at all aspects that relate to how a part-time employment contract is drawn up, as well as a sample for filling it out.
It is assumed that for part-time work a person must complete the duties assigned to him within less than the allotted time. Here it is important not to compare, and especially not to confuse the concepts of “part-time work” and “short-time work.” In the first option, everything is drawn up on the basis of the free will of the parties, but in the second, the employee must follow the instructions of the employer. Quite often, such a situation arises due to objective circumstances, for example, financial difficulties, a change in the specifics of work, the introduction of a new software etc.
A part-time employment contract is possible in the following cases:
- If there is an application from the employee and if the employer does not mind.
- If the employee is pregnant and enjoys the rights that are enshrined in Article 93 of the Labor Code of the Russian Federation.
- If the employee is a single mother and is raising a child who is under 14 years old, or she has a disabled child under 18 years old.
- If the employee provides care to a sick relative, for which there is appropriate medical evidence.
In all of the above situations, the employer does not have the right to refuse an employee his desire to work part-time. If this right is violated, the person may apply to the court with a corresponding statement of claim.
Kinds
It is necessary to understand that the procedure for concluding and the form of an employment agreement is the same for both full-time and part-time work. Along with this, such an agreement can be fixed-term or indefinite, which is decided at the request of the head of the enterprise or organization, and also depends on the specifics of the work.
As a rule, a standard agreement consists of the following sections:
- general provisions;
- item;
- rights and obligations of the parties;
- procedure for resolving controversial issues;
- Force Majeure;
- requisites.
The agreement may be amended at the request of the parties, if necessary.
Urgent
Describes all the nuances of concluding a fixed-term employment contract. This type involves drawing up an agreement without fail, no matter what official labor relations exist between the employee and the employee. The validity period of such an agreement does not exceed 5 years. Before the end of a fixed-term employment agreement, the employer is required to notify the employee 3 weeks in advance.
Basically, if the parties wish to extend the cooperation, the employment contract does not expire and becomes indefinite.
Indefinite
This type of employment agreement is a written agreement between an employee and an employer for an indefinite period of cooperation. If there is a need to transfer such a person to part-time work, there will be no need to terminate such an agreement, since its text does not specify the working hours when exactly the employee must work.
The legislative framework
A person working under an employment contract at 0.5 rate must work at least a quarter. The fact is that according to current legislation it is impossible to get a job for less than 0.25 times the salary.
The main feature of such legal relations is that it is not always possible to draw up a part-time employment contract. For example, in the civil service, this type of employment option is not practiced. In other cases, this is quite acceptable, but only if it occurs by mutual consent of the employee and the employer. Thus, the forced transfer of a person to part-time work is impossible, which is also enshrined in the current legislation.
It is worth turning to a country that provides that certain segments of the population have the right to enter into a part-time employment agreement, and the employer does not have the right to refuse them. Such persons include:
- pregnant women;
- mothers who have a child under 14 years of age;
- persons who look after the disabled.
What documents are required to conclude an employment contract?
In order for a person to be transferred to part-time work, it is necessary to write a corresponding application. After reviewing the paper, the company issues an Order, which indicates exactly how the employee will work now.
As for the list of papers that must be provided in order to draw up an agreement with an employee, an exhaustive list can also be found in the current legislation. In particular, Article 65 of the Labor Code of the Russian Federation contains a direct indication of what official documents must be provided if a person is transferred to a shortened working day.
Such papers include:
- passport;
- work book;
- insurance document on compulsory pension insurance;
- military registration paper for those who are liable for military service;
- certificate of presence or absence of criminal record;
- education document;
- a certificate stating that the person is (is not) subject to administrative punishment for the abuse of narcotic or psychotropic substances that were used by the person without a doctor’s prescription.
In some cases, taking into account the specifics of work at an enterprise or organization, other official papers may be required when concluding an employment agreement. Labor Relations are regulated by various legal acts, and some of their features may be prescribed in, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the country.
How is an employment contract drawn up?
An employment agreement for 0.5 wages is drawn up as standard, and there is no difference with how a person is registered for a full-time job. However, there is regulations who put forward certain requirements to how the text of the document itself should look.
So, when drawing up an agreement for 0.5 rates Special attention is paid to working conditions, which directly states that the person will work part-time.
Let's look at the list of what should be in an employment agreement concluded with someone who wants to work part-time:
- the place of work must be clearly indicated if the legal and actual addresses of the enterprise or organization differ;
- a clear indication of what is included in the employee’s job responsibilities;
- start and end times of the working day;
- how exactly the payment will be made;
- detailed description of the work schedule;
- terms and conditions of personal insurance.
If you want to see what an employment contract with a part-time employee looks like, a sample can be found here.
In addition, the employer has the right, by at will, supplement the employment contract with certain conditions, while taking into account all the features of part-time work. So, it is worth pointing out the following features:
- the clause on the employee’s remuneration must contain comprehensive information on all issues, in particular, it must be indicated that the total amount is determined based on the time worked by the person;
- regardless of what work schedule the person works, annual leave must be completed in any case and in full;
- As for work experience, it is determined by general rules, that is, there can be no talk of any recalculation for time worked;
- The minimum number of hours worked by a person each week is not required.
Important!
In the event that the hours are still indicated, everything that was worked in excess established norm, by law, is considered overtime.
As for other clauses of the labor agreement at 0.5 rates, they are drawn up in accordance with the standards enshrined in the Labor Code of the country.
Dismissal of an employee
As for terminating the employment contract, this happens not only on the initiative of the employee, it can also happen due to the fact that its term simply expires. If this happens in this way, it is imperative to adhere to the established procedure.
Thus, the expiration of the contract is considered one of the reasons for the dismissal of an employee, that is, the termination of a working relationship with him. All the nuances of such legal relations can be found in the Law, in particular in the Labor Code of the Russian Federation.
However, if a contract expires, this does not always mean that it ceases to be valid. And all because many contracts have a prolongation clause, which mostly happens automatically. So, for the contract to end, certain conditions must be met on the part of the employer or employee. For example, if neither the employee nor the employer took any action upon expiration of the contract, it will be considered extended. Namely, if the employer is in writing did not notify his employee that he wishes to sever the working relationship with him, the contract is automatically recognized as unlimited.
There are many opportunities for a stable income. You can spend all day in the office, or you can choose to work part-time. This type of part-time job is especially relevant for students who combine work with study.
Firstly, the document must take into account working hours, as well as production time. Secondly, it is important to specify the payment process. In some cases, employers prefer to pay such employees at the end of the day or at the end of the week.
Whether a contact signs up for a reduced schedule may depend on the employee. To do this, he needs to write to his superiors asking for a transfer to fewer hours.
Such a schedule would be ideal for citizens such as:
- pregnant woman;
- guardian or parents whose child is under 14 years of age;
- a person caring for incapacitated relatives;
- a person with a disability.
Happen various situations in life, when an employee finds himself in such conditions quite unexpectedly. That is why he can request a transfer (it is important that such a possibility is provided for in the employment contract, for example, for a seller; details).
Additionally, a pregnant employee can't really help much, especially when working full hours. In this case, employers themselves may offer to reduce hours while maintaining salary.
How to draw up an employment contract for part-time work?
A properly drafted document for part-time workers will be beneficial for both parties. With such work, of course, there is a corresponding salary, as well as many nuances that are recommended to be taken into account.
Employers often think about how to correctly draw up a document. The law of the Russian Federation took into account all the nuances, describing the process of drawing up an agreement in the Labor Code, Article 65. Working hours directly depend on those specified in the document.
Therefore, the schedule is drawn up depending on:
- manager;
- employee;
- work.
Special salary payments are beneficial for employers, since the employee may well perform the same amount of work as permanent employees. Sometimes the daily routine depends on the job, such as a bartender in a bar with set hours.
As a result, the rules for drawing up such documents can be studied by referring to the Code of the Russian Federation.
How to specify part-time work in an employment contract?
The work book, like the passport of each employee, does not take into account the number of hours worked. Records can only contain information about the position, company and reasons for dismissal with dates.
The document for part-time working hours must include information about how many hours the employee must work in one day. For example, 6 days a week are indicated, from 12:00 to 16:00. It is at this time that the employee must arrive at the place of work, complete the entire daily workload and leave work no earlier than 4 pm.
In this case, additional rules are established that track the time of arrival and departure. The employer also indicates required amount hours per week. This usually depends on the work schedule of the organization itself.
How to indicate salary in an employment contract for part-time work?
The contract must contain the salary amount. And also a method: calculation in the accounting department, transfer to a bank card, etc.
However, there is a nuance here. The salary must be indicated according to the position. In other words, if a full-time employee receives 20,000 rubles, then a part-time employee should see exactly the same amount in the document.
At the same time, the terms of the additional agreement are additionally stated, where it is indicated that cash are paid exactly half of the full salary. That is, a part-time employee will receive 10,000 rubles.
Additional agreement to the employment contract on part-time work
Additional agreements are regulated by Article 72 of the Civil Code of the Russian Federation. The obligations and rights of all parties entering into a contract are drawn up in writing and certified by signatures. There are no rules for drawing up such additions to a document.
Agreements almost always accompany the contract if changes need to be made. Such a change would be a request to transfer the employee from full-time to part-time. It is necessary to specify the hours of work, as well as specify the salary.
Sample employment contract for part-time work
The employment contract must be drawn up in accordance with the rules Labor Code RF.
An example sample from 2018 can be downloaded here:
Example of a part-time employment contract
The sample employment contract must contain the following information:
- the time period for which the contract is concluded;
- reasons for drawing up such an agreement (pregnancy, disability, etc.);
- amount of wages.
Drawed up in two copies, certified by personal signatures.
Employment contract with part-time employee template
The template is compiled in writing and must contain the following information:
- information about the employer and employee;
- duties of the parties;
- salary;
- liability incurred by the parties as a result of breach of contract;
- details of the parties;
- personal signature.