What options exist?
IMPORTANT!
In connection with the situation with COVID-19 and the publication of Presidential Decree No. 206 of March 25, 2020 “On declaring non-working days in the Russian Federation,” the employer is obliged to provide paid days off to subordinates. If it is possible to switch to remote work and the employee does not mind, then an agreement must be concluded. If there is no opportunity to work remotely, and the employer forces you to write an application for leave at his own expense or for a part-time transfer, he is breaking the law, the employee has the right to complain to the State Labor Inspectorate.
Registration of an employee at half the tariff is actually transferring him to part-time work. There are several options for converting to 0.5 st., each of which has its own features:
- Only accepted at the enterprise.
- Transferred from full-time to part-time at the initiative of the employer.
- Transferred from full-time to part-time on his own initiative.
- Transferred to another position in which the work mode differs from the full work mode.
Let's consider all the options in more detail.
The employee is immediately hired at 0.5 rates
When an employee gets a job with a pre-agreed part-time condition, an order is issued in the T-1 form. The employment contract immediately states the working conditions specified in the job description, wages (salary), rights and obligations of the parties.
Sample form T-1
A part-time employee is protected by the Labor Code of the Russian Federation in the same way as one who is full-time - with all guaranteed rights retained. It is impossible to limit the duration of his leave or change the receipt of seniority.
The employment contract reflects the duration of work. Indicate either part-time or part-time work. When part-time work is indicated, the worker is at the enterprise 4 hours a day, five days a week. The concept of part-time work includes different work schedules. This could be four days a week for five hours, or another time breakdown. But the time worked in this case is not the classic 40 hours a week, but 20 hours. The contract specifies how many hours the employee spends on a shift. If it is concluded for full shifts, it is allowed not to register working hours, but to reflect the number of full shifts per week (month), taking into account part-time work. Rest time must be specified. Job responsibilities and the duration of the probationary period are indicated.
Transfer of company employees to part-time work
The Labor Code provides provisions allowing the employer to introduce part-time work for a number of company employees. This provision is provided for in Article 74 of the Labor Code of the Russian Federation. It deals with a situation where, due to changes in working conditions (organizational or technological, for example, robotization of production or crisis phenomena), there is a threat of dismissal of a large number of company employees. In this case, transferring employees to part-time work may be the best way out of the situation, allowing both to take into account the interests of the employer and to preserve jobs in the company. This measure is quite drastic, so the law contains a number of conditions for its application:
- the introduction of this regime is allowed for no more than 6 months;
- the decision must be made taking into account the opinion of the relevant trade union organization;
- in accordance with the Law “On Employment” of April 19, 1991 (Article 25), this must be reported to the employment authorities.
The employee is transferred to 0.5 rates at the initiative of the employer
Typically, the employer initiates such changes during difficult financial times in order to save on wages. Some organizations practice temporary part-time transfers during the low season when company profits decline. Modernization of an enterprise can also be a reason, for example, due to automation, the share of human labor in the production process is reduced. Changes in an employee’s working conditions must certainly be recorded.
To protect the rights of workers, Article 74 of the Labor Code of the Russian Federation spells out the nuances of introducing a part-time regime:
- legislatively introduced for a period of no more than six months (6 months);
- the employer is obliged to prove the need to switch to half the tariff due to changes in working conditions; detailed information about these reasons is included in the local regulatory act;
- half the rate is transferred when the employer seeks to reduce mass layoffs.
The subordinate is notified of the new operating mode. The law requires this to be done in writing, with an explanation of all the reasons why the transition is taking place. It is necessary to notify in advance, at least 2 months before the new work regime is expected to be introduced. If the employer is an individual entrepreneur (individual), he warns the employee at least 14 calendar days in advance (this is stated in Article 306 of the Labor Code of the Russian Federation).
The subordinate receives notification of upcoming changes against his signature. It indicates that he has the right to refuse the transfer and warns that in this case there is a legal basis for terminating the employment contract.
If the employee refuses to transfer:
- He is offered another job in writing. It either fits existing qualifications, or it is an unfilled position of lower rank (or lower salary). The proposed work must take into account the employee’s health status and be adequate to his capabilities. The proposed work options must be located in the area in which the employee’s current workplace is located. Vacancies in other localities are offered only if specified in an agreement, collective agreement or labor agreement.
- If at the same time he refuses the offered work or there is no suitable work, this is grounds for termination of the employment contract.
For those who have agreed to work part-time, an additional agreement is drawn up to the main employment contract and an order is issued fixing the change in the work process. It is drawn up in free form.
Sample order transferring to part-time work
The document is formatted as follows:
- in the header indicate the name of the organization and the place of issue of the order;
- entitled “Order on establishing part-time working time for an employee”
- further follows the text indicating the reason that caused the change in tariff from full to half and prompted the manager to make such a decision; a list of orders is provided - they record changes in the employee’s work schedule and changes in the payment procedure;
- the date of publication of the document is indicated.
The document is signed not only by the employer, but also by the employee.
As a result, in order to competently transfer a part-time worker, the following documents must be completed:
- written notification of the employee by the employer (more about the procedure for changing the terms of the employment contract);
- additional agreement to the employment contract;
- order to transfer by 0.5 rates;
- local regulatory act (more about orders for personnel).
If a part-time work regime is introduced by the employer, after 6 months an order is issued to cancel this regime. This measure is prescribed in legislation to prevent violations of working conditions.
In addition, we will consider how to correctly draw up an additional agreement.
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| Yuna |
| I searched for an answer to the question for a long time, but did not find a clear answer. We transfer the employee from 0.5 rate to full rate. Would this be considered a transfer or establishment of full-time working hours, which requires an application, order and additional agreement? And maybe there is a sample additional agreement to the contract. Thank you. |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| Allegra" [email hidden] , Wrote 26284 messages Write a private message Reputation: 3478 | #2[168709] March 24, 2010, 19:50 |
Scroll: Article 32. Change in essential working conditions
In connection with justified production, organizational or economic reasons, the employer has the right, in the manner prescribed by this article, to change the essential working conditions of the employee while he continues to work in the same specialty, qualification or position specified in the employment contract. Essential working conditions are systems and amounts of remuneration, guarantees, work hours, rank, profession, position, establishment or abolition of part-time work, combination of professions and other conditions established in accordance with this Code. The employer is obliged to warn the employee about changes in significant working conditions in writing no later than one month in advance. If the employee refuses to continue working with changed essential working conditions, the employment contract is terminated under paragraph 5 of Article 35 of this Code.
Also, the employee himself can ask the employer to establish full working hours for him, this request is stated in the application. The employer may refuse to allow the employee to work full time. Additional agreement: You set out the clause of the contract, which stipulates the duration of working hours, in a new edition: write the full duration of working hours. Please note that the remaining provisions of the contract remain unchanged.
I want to draw the moderator's attention to this message because:Notification is being sent...
I do not give advice in private messages. Please ask all questions on the forum.| Ciardi [email hidden] Belarus Wrote 23688 messages Write a private message Reputation: 3490 | #3[168712] March 24, 2010, 20:13 |
Scroll: statement
Please set me the full standard of working hours from __.__.2010
3. draw up an additional agreement to the contract
Scroll: additional agreement
Additional agreement No. 2 to contract No. 4 dated 01.01.2007 Minsk 01.10.2008 LLC "OO", hereinafter referred to as the "Tenant", represented by director Ivanov I.I., acting on the basis of the Charter, on the one hand, and a citizen Republic of Belarus Full name of the employee
, hereinafter referred to as the “Employee”, on the other hand, have entered into this Additional Agreement as follows: 1. set out clause 7 “Work and rest regime” of the Contract as follows: 7.1 “The Employer establishes for the Employee, in accordance with the law, the full standard of working hours : 7.1.1 Start time of the working day: 9.00;
7.1.2 End time of the working day: 17.30; 7.1.3. Break time for rest and food: 12.30-13.00; 7.1.4 Weekends: Saturday and Sunday; 7.1.5 Rest on public holidays and public holidays established and declared non-working by the President of the Republic of Belarus.” 2. The rest of Contract No. 4 dated 01/01/2007 is left unchanged. 3. This Additional Agreement is an integral part of Contract No. 4 dated January 1, 2007. 4. The parties confirm the legal validity of all terms of the Contract, taking into account the changes made by this Additional Agreement. 5. This Supplementary Agreement is drawn up in 2 copies having equal legal force, one is kept by the Employee, the other by the Employer. Issues not covered by this Additional Agreement are regulated by the labor legislation of the Republic of Belarus From the Employer From the Employee _____________Ivanov I.I. ___________Name of employee 4. issue an order
Scroll: order
On establishing the full standard of working hours, full name. ESTABLISH: Full name, chief accountant, from __.__.2010 full standard working hours with work schedule: Monday-Friday - from 9.00 to 17.30, lunch from 12.30 to 13.00. Grounds: 1. application full name 2. additional agreement. to contract No. from Director Signature or
Minsk 09.29.2008 On establishing the full standard of working hours
Full name of the employee
ESTABLISH:
Full name of the employee
, Deputy Director for Operations Management and Logistics, the full standard of working hours from 01.10.2008.
Grounds: 1. Statement full name of the employee
dated September 29, 2008.
2. Add. agreement to the contract….. Director I have read the order: ________________ Full name of the employee
, in fact, you could use this post and redo it exactly the opposite
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| Ciardi [email hidden] Belarus Wrote 23688 messages Write a private message Reputation: 3490 | #4[168713] March 24, 2010, 20:15 |
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| Allegra" [email hidden] , Wrote 26284 messages Write a private message Reputation: 3478 | #5[168715] March 24, 2010, 20:18 |
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I do not give advice in private messages. Please ask all questions on the forum.| kydesnizha [email hidden] Russia, Perm Wrote 2 messages Write a private message Reputation: | #6[329082] November 24, 2011, 11:48 |
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How to properly draw up an additional agreement
If all the necessary documents are available and the parties agree in principle, the employee and employer sign an additional agreement to the employment contract. It indicates the change in the duration of work and the change in payment:
- operating hours (start and end times, weekends);
- wages (indicate the figure and wording that payment is made in proportion to the time worked).
In all other respects, the agreement remains, as a rule, unchanged.
Sample additional agreement on transfer to half the tariff
When to transfer to full time
Changing an employee's regime is not a transfer, since it does not imply a transition to another position or to another department. The employee remains in the same position, but begins to work more or less, performing the same functionality.
Changing the employee's rate is permissible at any time, provided that the employee and the employer agree on this issue. In practice, this procedure occurs when:
- a woman returns from maternity leave, during which she continued to work part-time;
- the volume of part-time employment changes.
A translation always requires the signing of an agreement between the parties:
- new employment contract. To implement this method, it is necessary to terminate the existing contract, which establishes part-time work, and enter into a new one - full-time. In fact, this procedure means the dismissal of a citizen and his rehiring. This approach is justified when an employee who worked part-time for supplies makes this place his main and full-time job; in other cases, such a procedure is not justified;
- an additional agreement to the existing employment contract, which establishes a new work schedule and proportionally increases remuneration for work.
The employee is transferred to 0.5 rates on his own initiative
It all starts with the desire of the worker to switch to part-time work. He writes a statement stating his request.
Sample application for transfer to 0.5 rate at the initiative of the employee
Such a change is not always beneficial to the employer, especially if the employee is smart and does the job well. But despite possible reluctance, the employer does not have the right to refuse such a request:
- caring for a sick relative;
- parents or guardians of children under 14 years of age;
- pregnant women.
These categories of citizens have the right, enshrined in labor legislation, to work part-time (half-time).
After the employer has signed the employee's application:
- They draw up an order. A sample order for transfer to 0.5 st. rate at the initiative of the employee is similar to the document transferring to 0.5 st. at the request of the employer, the only reason is not a production necessity, but a statement from the employee.
- Draw up an additional agreement to the employment contract. It records changes in working conditions and pay. Sample additional agreement to an employment contract on transfer to 0.5 Art. similar to the sample when translated to 0.5 tbsp. at the request of the employer.
As a result, to move an employee to part-time work on his initiative, the following documents are prepared:
- employee application (drawn up in free form);
- an order transferring an employee to part-time status;
- additional agreement to the employment contract;
- local regulatory act.
Working hours in the employment contract
The working hours - the period that the worker undertakes to devote to the performance of his job duties (Article 91 of the Labor Code of the Russian Federation) - according to general requirements, is prescribed in the internal labor regulations. However, if the schedule of work shifts of a particular employee does not coincide with the general regulations of the enterprise, then information about his work schedule must be included in the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation).
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
If a specialist is given a work schedule that differs from that established by the company upon taking up a position, a condition regarding this is immediately written down in the employment contract. If the time order of his work activities changes subsequently, information about this is included in the additional agreement to the employment contract.
The employee is transferred 0.5 times the rate to another position
In such a situation, use the T-5 form or an order in any form. You will also need an application for transfer to part-time mode, an additional agreement, and changes to the staffing table.
Sample order for transfer to another position for 0.5 st. according to the T-5 form
Over time, the administration and the employee can reconsider the terms of the agreement again and, by mutual agreement, return the previous working conditions, that is, transfer to full time.
How to draw up an order for transfer to full time
The request to switch to full-time work may come from the employee or from the employer.
As a rule, such movements are made when it is necessary to transfer from a maternity rate to a permanent one. Reasons: changes in working conditions, increased workload and responsibilities (for example, when the company expands).
The basis for the order is the employee’s statement signed by the head of the organization. The document is drawn up in free form.
It must include:
- that the act is issued in accordance with the additional agreement;
- FULL NAME. the person being transferred, the position he holds;
- that the employee is transferred to full-time (or full-time) work;
- time for rest and nutrition;
- the date on which the order comes into force (if necessary, its validity period is specified);
- How is payment calculated - salary according to the staffing table, tariff rate, etc.
Sample order for transfer to full time
When transferring to full payment, the following documents are drawn up:
- additional agreement to the employment contract, which indicates an increase in salary (increase in tariff rate);
- order to transfer to full time;
- local regulations on transition to full-time work.
The change is recorded in the time sheet. If they are transferred to the same position, no entries are made in the employee’s work book or personal card.
Order on working hours
The legislator did not provide a uniform form of order for all companies on the rules of working hours at the enterprise, therefore such documentation is drawn up in each organization individually, based on the accepted practice of personnel records management and internal document flow rules.
In this case, the order in question must contain:
- information about the grounds or reasons for the introduction of reduced work regulations for one or more members of the workforce;
- indication of the date from which the specialist will work under the updated conditions;
- description of the new work regulations indicating working days of the week, weekends, length of the work shift, duration of the lunch break;
- description of the procedure for calculating payment when working in a shortened mode;
- instructions to structural units (for example, accounting and human resources departments) in connection with the new work schedule;
- appointment of a person responsible for the execution of the order;
- signature of the manager and the members of the labor collective familiar with the provisions of the order, in respect of whom the document was issued.
A sample order for changing working hours can be found on our website.
