Part-time transfer order. Part time

According to the Labor Code of the Russian Federation, some categories of citizens are entitled to part-time work. If an employee wrote a request to transfer to a reduced working schedule, and also documented this right, the director issues an order to work in part-time conditions. In our article we will tell you what should be indicated in this order, how the drafting of the order on part-time work takes place, which points must be specified.

So, for you the following information:

• types of part-time work;
• who should change the schedule;
• drawing up an order on part-time work;
• consider part-time orders.

Do not miss: the main article of the month from an expert practitioner

Part-time: when an employee is not entitled to dictate his terms.

Each employee in certain circumstances has the right to transfer to part-time work. What it is? This means that labor time for the employee will be less than by labor standards, that is, less than 40 hours a week. It is paid in proportion to the fulfilled obligations prescribed in the contract, or the time worked.

The following types of part-time work can be distinguished:

• Part time  . With this schedule, the employee works at the workplace not 8 hours a day, but 4 or 5 hours;
• Incomplete week. In case of part-time work, the number of working days is reduced, as a rule, by 1-2 days. That is, the employee goes to work every other day or works any 3-4 days;
• A mixed view of part-time work - in this case, both the number of working hours per day and the number of working days per week are reduced.

At the same time, workers working under the terms of the shortened schedule have the same benefits and guarantees as in the normal work schedule. That is, they have the right to full paid leave, to sick leave, to record work experience, etc. All this is spelled out in the labor legislation in part 3 of article 93 of the Labor Code of the Russian Federation.

Learn how average earnings for sick leave are calculated.

The initiator of the establishment of part-time work can be both the employer and the employee. The Labor Code allows, by agreement of the parties, also to establish part-time for any category of employees of the organization - even those who are trained, and this is enshrined in part 2 of article 203 of the Labor Code of the Russian Federation.

Who is required to reduce working time

Since the establishment of reduced working time occurs by agreement of the two parties, there are cases when the employer is against changing the employee's schedule. If the petitioner does not document the reason why he is requesting a shorter working day or week, he may be refused. However, there is a certain circle of people to whom the bosses are not entitled to refuse the right to reduce working hours.

1. A woman who is on parental leave until she reaches the age of three years (sometimes up to 14 years). And also: the father of the child, grandmother, grandfather, another relative or guardian who actually cares for the child.
2. Pregnant women.
3. Those who care for a sick family member in accordance with a medical certificate issued in the prescribed manner.
4. Persons with a disabled child under the age of 18 years.

To confirm your status, a supporting document must be attached to the application.

Part-time work order

To establish part-time work for an employee to whom an employer is required to grant this right, it is necessary to obtain a statement. It should indicate:

• type of part-time work;
• desired working hours;
• the date, month and year from which the employee requests to establish part-time;
• the document and the date of issue of the document confirming the grounds for reducing working time.

If the employer responds with consent to the application, he draws up an order on part-time work, and also signs an additional agreement, which includes new working time, working hours, work hours, etc.

The order indicates:

• from what date does the employee switch to the new schedule
• operation mode is indicated
• start and end time
• rest and lunch breaks
• how do you pay
• who will oversee the execution of this order

Part-time Sample Orders

Consider sample orders for part-time work.

Limited Liability Company “Dartanova”

ORDER N 6

On the establishment of part-time work for the employee Nemnov V.S.

In accordance with part 3 of article 256 of the Labor Code

i order:

1. From May 12, 2013 to establish the employee Nemnov V.S. part-time work with the following working hours:

• a four-day working week with the following days off - Thursday, Friday, Saturday, Sunday;
• daily work duration - 6 hours;
• the start time is 9-00, the end time is 16-00;
• a break for rest and eating - from 12-00 to 13-00.

2. Remuneration of the employee to produce in proportion to the time worked.

3. The control over the execution of this order is entrusted to the head of the personnel department Kalinina SA

Reason: application of the employee, supplementary agreement to the employment contract dated May 10, 2013 No. 15

Director: E. Radov

Familiarized with the order: signature 05/12/13 g

At the current stage of economic development, in the era of crises and shocks, circumstances force employers to consider various flexible schemes  organization of the work process, while reducing production volumes.

Who draws up the necessary documents?

Part-time work can be installed  both directly at the primary and in the course of the employee’s work in the organization by agreement of the parties.

In this mode, the employee has shorter duration  his presence in the workplace. However, the employee fully relies on all guarantees(weekends, lunch break), as a full-time employee.

If the order of part-time work is fixed during employment, it is necessary to, by drawing up, establish the duration of the regime.

Provided that initiatorto reduce the working time, the employee acts, he needs to draw up an appropriate one, in which he necessarily indicates:

• requiredthe working length of the day or week;
• mode view  part-time;
• exact datewith which the employee wishes to change the duration of work.

If the initiator of the regime was the employer, then according to the Labor Code of the Russian Federation, part-time work should not last more than six months.

To the extent of reducing the working time of workers, and, consequently, of them, because when you enter this mode, it is considered in proportion to the actual reduced working time, the employer can only go if the change is forced general working conditions  in the organization and only if this measure helps to avoid mass workers.

In this case, an appropriate order is issued, with reasonsthat caused changes in working conditions in the company, as well as the period of the regime. Workers writing notifiedabout this order.

Please note that actual mode entry is possible. not earlier than two months  after signing the notice of the order with the employees. You must also indicate in the notification that in the case of employee disagreement, he must notify the employer in a timely manner.

If the workers agreewith the introduction of the regime, then they sign a notification and additional. agreement, if this does not suit them, then it may be with the employer. Datathat the employee works in part-time, are not included in or personal files.

It is necessary to mention regarding the operation of other items in part-time conditions, namely sick.

Provided to employees of the organization working in part-time conditions, on a universal basisas all other employees of the organization, no reductions are provided.

After that, the order must be registered at.

Also, the employer in accordance with federal law must notify in writing employment services  in the period up to three business days after the decision to introduce part-time work in the organization.

The employer may draw up a notice in any form  and send it to the employment service by registered mail.

Preparing a part-time notice for an employment service.

Watching who initiates part-time work  can apply as a group of employees of the organization, the whole team or one specific employee.

Strict Unified Part Time Order Form not provided  and can be compiled arbitrarily.

Nonetheless, copy of the order  in addition to the details of the organization should include the following information:

1. Conditions, due to which, this mode of work is established.
2. Name and position employee(s).
3. General number of days  in the work week.
4. Durationworking day.
5. Start and end  working day.
6. Duration recreation.
7. Structure pay.
8. Validity  part-time work.

The order on the establishment of part-time work.

Signing

The signer of the order is direct supervisororganization.

Workers familiarize themselves with the document under the signature, and also put the date familiarizationwith the order.

If available in the organization unionapproval required.

Summary

In conclusion, we make step by step instructions  to enter the organization of the order of part-time:

1. Coming to agreementon the entry points for part-time work.
2. Signing add. agreement  to an employment contract with employees.
3. Signed agreement is registeredin the logbook.
4. Receipt by each employee agreementon entering a signature mode.
5. Is published orderabout entering the mode.
6. The document is given to familiarizationtrade union organization.
7. The order is entered in logbook  orders.
8. Every employee familiar with  with a signature order.
9. Notify employment services.

The order on the establishment of part-time work (the sample and the form can be downloaded on our website) is an important document when introducing special operating modes in the organization.

FILES

Part Time Types

Standard workweek is 40 hours. In some categories of employees (disabled people, pregnant women, adolescents, etc.), it is reduced. But in most cases, the standards are respected.

Work time can be reduced in three ways:

• By shortening the working week, replacing some working days of the week with weekends.
• Reducing the number of hours spent by an employee at the workplace daily That is, you can reduce a separate working day.
• Reducing the number of hours per shift (if the employee works for days).

By mutual agreement of the employee and the employer, you can choose one of these options or combine them. There are no restrictions on this subject.

It should also be remembered that the order can be issued both indefinitely and for a certain period of time. For example, for the summer period.

Components

The order to establish part-time work is simple enough. The information is sequentially from top to bottom:

• Details of the organization, name and number of the document, date of signing. This data cluster makes up the header of the order. It is necessary to facilitate interaction with documentation.
• Motivation. If this is an employee’s initiative, the phrase: “In accordance with the agreement of the parties” is inserted. If the employer is the initiator, then he formulates the reason for issuing the order for each case.
• Name and position of the employee in relation to whom they resort to the establishment of part-time work.
• The number from which this mode is entered.
• Specific conditions, the number of working hours, the possibility of a break, etc. For convenience, they are painted on individual points of the order.
• How to pay: without changes or in proportion to the time worked (the second option is more common).
• Who is the execution of the order.
• The basis for the order. This can be either a statement of the employee or an additional agreement to the employment contract with the written consent of the employee.

The order on the establishment of part-time work is always completed by the signature of the manager, as well as the employee, in relation to whom this special regime applies. Without these "autographs" the order will not have legal force.

Initiative

Both a manager and a subordinate can show a desire to establish part-time work. In the case of a subordinate, the registration procedure itself will be easier, since there are fewer restrictions on it.

The establishment of part-time work on the initiative of the employee

The algorithm is as follows:

• The employee submits an application stating his request in a free form.
• The employer is considering it.
• An additional agreement to the employment contract is drawn up. If this is a newly hired employee, then the conditions are prescribed in the original employment contract.
• The employee is transferred to part-time by order.

Moreover, according to article 256 of the Labor Code, the employer has no right to refuse this request to many categories of persons:

• If the employee is caring for a sick relative.
• If the employee is pregnant.
• If the employee has children under 14 years old.
• If he has disabled children under the age of 18 years and in a number of other cases.

Thus, the possibilities for determining part-time at the request of the employee provided a great variety. The head of the law does not have the right to refuse to apply for this if he / she attaches the relevant documents to the application.

The establishment of part-time work at the initiative of the employer

If a special regime of working hours is established by the employer, then he must observe a number of conditions:

• Issue an order to establish part-time work at least 2 months before the proposed introduction of part-time work.
• Notify employees immediately after issuing the order, no later than 2 months in advance.
• Make sure that employees agree to work according to the proposed scheme. To do this, it is worth issuing written notifications with a warning that, in case of disagreement, a statement is written no later than the specified term. That is, both the refusal and the consent of the employee must be expressed unambiguously and in writing.
• Such a special regime should not be established for more than 6 months, according to article 74 of the Labor Code. After all, it should be borne in mind that labor remuneration is based on the actual time worked.

If the employee does not agree with the terms proposed by the employer, then he should seek a compromise. If this cannot be done, then the employment contract may be terminated in accordance with the second paragraph of Article 81 of the Labor Code.

Payment

Salaries with reduced working hours are usually paid in proportion to the hours worked. That is, if an employee instead of 5 days a week works 2.5, then his salary is reduced exactly twice. In the time sheet, all non-working days are set with the code "B", which means "day off".

From the moment of establishing part-time work, engaging an employee during unplanned hours will be considered overtime engagement. Such work is required to be paid in double or triple size (according to the norms of the Labor Code). This is clearly stated in article 152 of the Labor Code.

In short, when drafting and signing the order on the establishment of part-time work, there are many nuances that should be taken into account.

Currently, you will not surprise anyone by working part-time, such a schedule can be convenient for both the employee and the employer. Some subordinates cannot sit at the workplace all day due to any circumstances, while it is sometimes not advisable for a leader to pay a person wages for the whole day when he manages his duties in a few hours.

Let's figure out how to issue an order and other part-time employment documents, and who can work this way.

Part-time work assumes that the employee performs his duties and is engaged in labor activity half the time from the standard working period. And it can be, like half of every day, for example, from morning to lunch or from lunch to the end of the working day, or a shift schedule - one day every other day, two or two.

When working part-time, payment for it is only half the amount that an employee receives for a full-time day (40 hours a week). As a rule, part-time hiring occurs when the organization cannot provide a person with a full load. For example, it is impractical to keep a courier on staff if you need to take only 10 orders in a day. He will cope with them in just a few hours, and the rest of the time will be inactive, actually receiving money for nothing.

Who can work part time

A part-time job order may be issued at the initiative of an employee if he or she is being trained by the company. In addition, there are categories of citizens whose written application is considered the official reason for part-time employment without fail:

• women in position;
• single parent or guardian for a child under 14 years old;
• a citizen raising a minor child under 14 years old without a mother;
• persons caring for seriously ill family members;
• the only guardian (parent) of a minor child with disabilities.

Workers can also count on a temporary reduced regime until some serious problems are resolved.

The transition to part-time work is done by writing a special application, which also needs to be accompanied by documents confirming the right to this request, for example, a certificate of pregnancy or disability.

Important! In general, any employee can independently decide to switch to part-time work, but if there are no serious reasons for such changes, then the employer has every right to refuse the request.

Part-time official features

Employees of the personnel department and directly employers should understand that the employment of an employee on a part-time or week basis has its own characteristics.

1. A part-time person has his own fixed rate of working time, but despite the fact that it is shorter than that of other colleagues, hours worked beyond the established hours are considered overtime and are paid separately.
2. Workers who are at the workplace for half a day retain the right to a shortened day, if it is determined by the production calendar.
3. A part-time employee cannot be restricted in the rights that are prescribed in labor legislation, for example, seniority is accrued in the same way as other employees, but not cut in half.
4. The employee’s vacation lasts as long as that of other subordinates, that is, the standard 28 days plus additional, if management or law so decides.

When applying for part-time, special attention is paid to the compilation of a work schedule. A standard part-time day lasts only 4 working hours, and a part-time week is 4 days, lasting 5 hours.

If in ordinary contracts hourly hours of work can not be fixed, then when drawing up a contract for a part-time work, it is necessary to reflect the number of working hours.

Therefore, in the labor contract concluded with the employee part-time, in the column “work and rest regime”, the following important aspects should be recorded:

1. The working week with a standardized day is 20 hours.
2. A working day lasts only 4 hours, usually from 9 a.m. to 2 p.m.
3. The employee retains weekends and holidays.

It is worth noting that you can switch to a part-time day even during the course of working activity, and not only when signing an employment contract.

Rules of execution of the order

The method of transferring an employee part-time depends on who is its initiator. In general, an incomplete regime can be established by agreement of the parties, for a certain time or indefinitely. If the employee and the employer discourage this issue even at the stage of employment, then half the rate is fixed in the labor contract, but if the employee has been in the state for a long time, then his transfer is supported by an additional agreement.

In any case, for the changes to take effect, a special part-time job order must be issued, which is filled out according to the model.

1. Transition initiated by management.

An employer may decide to enter part-time only if there is a risk of mass layoffs of employees due to changes in working conditions, as well as due to adjustments to the organizational or technological process. The introduction of the regime is allowed for a maximum of six months, while the head must take into account the opinion of the trade union body, inform about upcoming changes to the employment service, and, most importantly, warn all employees who are subject to the order.

2. Transition initiated by the employee.

Almost any employee can count on a part-time week, but the final decision is still made by the employer.

Important! If the application is written by an employee who has the right to work part-time according to the law, then management has no right to refuse him, in cases where a citizen does not fall into preferential categories, he must provide good reasons for such a work schedule.

In order to transfer to a part-time job, the employee writes a free-form application and attaches documents to him confirming his right to a new work regime. If agreement is reached between the parties, a formal supplementary agreement is drawn up and an order is issued with new conditions.

3. Temporary transition.

Often young mothers with children up to one and a half years old are asked to go to part-time, this mode is very convenient for them, as it allows you to look after the child, earn money and at the same time save the right to benefit. An employee who wants to interrupt maternity leave must write a statement, and the manager who receives it must issue a document.

What does the generally accepted model of part-time work orders look like? This document is filled in according to the standard form T-1, and other personnel papers of the company are also issued on it.

1. First, the full name of the organization is indicated, and to the right of it are filled in the codes for OKUD and OKPO.
2. Then in the center is written the word “Order” and under it follows the clarification “on the hiring of an employee”.
3. Next is the number of the document and the date of its preparation.
4. The main part begins with the words “to hire”, then go:
     - date of commencement of work;
     - Name of the employee and his personnel number;
     - position;
     - conditions for hiring - just here the fact of work is indicated part-time.
5. Then the salary and allowance are prescribed.
6. Probationary period, if any.
7. The basis for the order, that is, the employment contract (number and date of drawing up).
8. In conclusion, the head puts his signature with the transcript, and the employee signs for being familiar with this paper.

As noted earlier, the order is issued on the basis of an application for employment from an employee, it should contain the following information:

• the full name of the organization with the first person, as well as the name of the employee and his address;
• clearly formulated desire to find a job with an indication of the position and structural unit;
• requirement to establish an incomplete schedule;
• an application listing documents confirming the legality of the request, for example, a pregnancy certificate;

Employment record

An entry in the workbook is made by an employee of the personnel department, the document indicates the fact of acceptance of an employee for a specific position in the document, the name of the organization together with the structural unit is indicated. Please note that the data entered is mandatory sealed.

No additional notes on part-time work can be made, since the work book is filled out according to standard rules, in accordance with applicable instructions. But information about part-time work is recorded in the employment contract, which is also supplemented by an order for hiring at a rate of 0.5.

Part-time employment is a fairly popular phenomenon, in certain cases it is convenient for workers and allows part of the budget to be saved for employers. In addition, the legislation of the Russian Federation allows citizens working part-time to be listed in several places at once.

No need to be afraid that such a schedule will limit the civil rights of the employee, for example, to rest on holidays or holidays, the adjustments concern only the length of working time and remuneration.

We all know that normal working hours cannot exceed 40 hours per week. During this time, the employee, in accordance with the internal labor regulations and the terms of the labor contract, fulfills his labor duties.

But, for various reasons, whether it’s personal circumstances or economic problems, not all employees, and indeed enterprises, can carry out economic activities during a full shift.
  Therefore, the legislator secures the right of the parties to establish the condition of.

Who has the right to work part-time?

• pregnant woman;
• one of the parents (guardian, trustee) who has a child under the age of fourteen;
• one of the parents (guardian, trustee) who has a disabled child under the age of eighteen;
• carers for a sick family member;
• an employee on parental leave;
• other employees, if a change in organizational or technological working conditions may entail their mass dismissal.

There are the following ways to establish a part-time work regime:

• reducing the duration of daily work or shift by a certain number of working hours;
• reduction in the number of working days per week while maintaining the normal duration of daily work or shift;
• reduction of the duration of daily work or shift by a certain number of working hours while reducing the number of working days per week.

The part-time arrangement is made out in the form of an additional agreement to the employment contract and the corresponding order. Since there is no standard unified form of this order, I offer you a sample of the order on part-time work.

Part-time order (sample)

Limited Liability Company "Monolith"

07/11/2017 No. 77-K
  Novosibirsk

About part-time work

Based on h. 3 Article. 256 of the Labor Code of the Russian Federation

I ORDER:

1. The head of the financial department, Olga Vyacheslavovna, should be considered to work part-time from July 17, 2017 while she is on parental leave until she reaches the age of three years.
  2. Install Rumyantseva OV the following working hours:
  working week - four days, working days - Tuesday, Wednesday, Thursday, Friday, days off - Monday, Saturday, Sunday;
  the duration of daily work is 5 hours, from 12 hours 00 minutes. until 5.30 p.m .;
  a break for rest and meals - 30 minutes, from 13 hours 30 minutes. until 2 p.m.
  3. Accountant Muzalkova A.S. charge and pay Rumyantseva OV monthly allowance for caring for a child until he reaches the age of one and a half years.
  4. To accrue Rumyantseva OV the salary is proportional to the time worked based on the salary of 54,000 rubles in accordance with the timesheet.
  Ground of decision: Supplementary Agreement of July 11, 2017 No. 78/02 to the Employment Agreement of June 28, 2015 No. 45/67-TD.

Director N.S. Stepanov

Familiarized with the order:
  Head of Finance Department O.V. Rumyantseva
  accountant A.S. Muzalkova