Part-time employment contract: 0.5 rate, sample 2021

Last modified: January 2021

In some life situations, a person cannot work at work 8 hours a day. So he takes a part-time job. The employer also does not always need full-time employees. A way out of this situation is a part-time employment contract. This does not entail a worsening of the citizen’s situation. He is given leave, paid sick leave, and his insurance period is calculated on the same terms as for full-time employment. The only difference concerns wages. Wages are paid for time actually worked.

What is part-time work?

Article 93 of the Labor Code of the Russian Federation provides for the possibility of hiring employees on a part-time basis. A citizen works only part of the allotted time according to a schedule agreed with the employer.

The law does not contain the concept of “part-time”. In practice, this term means half the standard working time.

The following options for registering a contract for 0.5 bets are possible:

4 hours a day with an 8-hour working day;
3 days a week with a 6-day week;
2 weeks per month at standard monthly employment.

You should know! In the field of education, the word “rate” refers to the number of hours. Workload standards are established by Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601. The maximum working week is 36 hours, at half-time - 18 hours.

How to apply?

At 0.5 bets

In accordance with the law, all labor relations between employers and employees must be documented, and part-time work is no exception. An employee has the legal right to work at different companies on a part-time basis. The salary for each of them will be based on the time worked.

A part-time employee has the same rights as full-time employees.

Anyone can apply for a part-time job if the employer agrees with such a request , and some categories of citizens cannot be refused by law. Registration of labor relations begins with drawing up an application for employment, in which you should indicate the reason for the desire to work at 0.5 rate.

An important point is the preparation of TD. The document must contain the following points:

complete information about the company (full name, legal address, tax information);
data of a citizen employed by an organization (full name, passport data, education, marital status, etc.);
the employee’s duties and conditions for their fulfillment;
mode of performance of official duties;
Time relax;
rights and obligations of the parties at the time of concluding labor relations between them;
guarantees and benefits provided by the enterprise;
the date on which the agreement comes into force, as well as the duration of the agreement;
conditions and amount of remuneration;
signatures of both parties and their transcript.

Important! The TD is made in two copies, one for each party.

If an existing employee needs to be transferred from full-time to part-time, then an additional agreement is concluded in writing to his main employment contract , which specifies the new conditions.

For a shortened week

Differences from part-time labor contracts, by agreement between the employee and his employer, labor relations can be concluded on a part-time basis. This may be part-time or part-time work (Article 93 of the Labor Code of the Russian Federation).

When drawing up a TD for a part-time or a week, the documents will differ only in the paragraph that indicates the mode of performance of work duties.

The TD may indicate that the employee works part-time and comes to the workplace 5 days a week from Monday to Friday from 10:00 to 14:00. The parties can also agree on conditions such that the employee will stay in the organization for 4 days, but for a larger number of hours.

In addition, the contract may only indicate the total number of hours that the employee must work, and the day and time of departure will be negotiated with the direct supervisor during the work process.

In what cases is a part-time employment contract drawn up?

Most often, an agreement for half the rate is concluded for objective reasons. With a shortened day, a citizen performs job duties to a lesser extent.

The company is obliged to sign an employment contract on the terms of shortened working hours in the following cases:

employee pregnancy;
recognition of an employee as a single mother if she is raising a minor under 14 years of age or a disabled child under 18 years of age;
the employee has a sick relative in need of care.

In other cases, reduced working hours are established by mutual agreement of the parties. The citizen submits an application. If the employer agrees, a contract is concluded with him for 0.5 rates.

Important! According to Article 284 of the Labor Code of the Russian Federation, part-time workers should not work more than 4 hours a day. Therefore, an agreement with them can only be concluded on a part-time basis.

Differences between part-time and short-time work

Many citizens do not see the difference between part-time work and a reduced work schedule. However, there are significant differences between these types of working hours.

The confusion between these schedules arises due to the fact that in both the first and second cases the subordinate works less than 40 hours a week.

The similarities end there.

Let's look at the differences between part-time and short-time working:

Part-time work is introduced into organizations by agreement of the parties, and reduced working hours are established by law.
In case of a part-time work schedule, earnings are accrued in accordance with the time worked, and in case of a reduced work schedule - in the same amount as with the standard duration of the work schedule (the rule does not apply to minor citizens).

Shortened working hours are established for the following employees:

minor citizens (working day ranges from 12 to 35 hours per week);
disabled people of groups I and II (work no more than 35 hours a week);
teachers (no more than 36 hours of work per week);
medical workers (working no more than 39 hours a week);
workers in conditions dangerous to life and harmful to health (the norm is no more than 36 hours).

Employees of the organization who have the right to work on a reduced schedule must present a supporting document.

How to hire a part-time worker?

Part-time work is possible in your free time from your main job. A citizen has the right to have additional employment both with his employer and in another organization.

You cannot apply for a part-time job:

with minors under 18 years of age;
if the person works in harmful and dangerous work;
with certain categories of persons (judges, prosecutors, police officers).

When concluding a contract, it should additionally be indicated that the citizen is working for a part-time employer. A part-time schedule of 4 hours a day, time for meals and rest, and the amount of work are established.

Types of part-time work

An employer can set part-time working hours in the following way:

by reducing the number of working hours per day;
establishing a part-time work week;
reducing both the length of the day and the number of working days at the same time.

Let's look at what the first two methods are.

Part time

This option implies that instead of the usual length of a day or shift of eight hours, a shorter one is introduced. For example, an employee of an organization and a boss may agree that a subordinate’s work day will last four hours.

If a part-time work day is introduced, the number of working days per week remains the same.

Partial work week

The introduction of a part-time work week assumes that a subordinate will work only a few days (for example, one or two days less than with a standard work schedule). The working day will continue to be eight hours.

At the legislative level, there is no time limit established that a subordinate must work part-time.

The days of coming to work are set by the management of the organization.

Legislative regulation

Even if a citizen wants to work at half the rate, then a minimum of 0.25 rates is chosen, since less is not provided for in the law. The features of this work include:

concluding a part-time contract is allowed only in certain situations, for example, if employment in the civil service is planned, then the employee’s desire to do so will be denied;
the employer's consent is required to switch to part-time work;
it is impossible to force an employee to switch to this mode of operation;
Some citizens may insist on this mode of work without the consent of the employer, and these include pregnant workers, mothers of children under 14 years of age, as well as citizens caring for disabled dependents.

Typically, employers try to resolve problems with employees in a peaceful way by agreeing to part-time work.

Procedure for terminating an employment contract

Termination of an employment contract with part-time work occurs according to the same rules as with a standard work schedule.

Termination of employment relations can occur:

at the initiative of superiors;
at the request of the subordinate.

Actions of the employer, if the initiative comes from him:

A dismissal order is issued.
If there is a need to terminate an employment contract with an employee, a corresponding order is issued
The document is communicated to the subordinate:
if the employee refuses to read and sign the document, a report is drawn up.
The act of the employee’s refusal to sign the dismissal order is drawn up in the presence of witnesses
The employee is given a copy of the order (upon his request).
A settlement is made with the employee on the day of dismissal and the work book is handed over to him:
if the employee later applied for a work book, it must be issued within three working days.

If the termination of the employment relationship occurs at the request of the worker, he must inform his superiors in writing. As a rule, the application is submitted two weeks before the date of termination of the employment contract.

The application is completed as follows:

at the very top of the application the name of the organization and the details of the manager are indicated;
the second line indicates the full name and position of the employee who wishes to resign;
then write the name of the document (application);
a request is made to dismiss at one's own request;
the date is recorded;
signature is placed.

The application for resignation at one's own request indicates the date from which the employee's work duties must be terminated.

Over the next two weeks, the subordinate is required to perform his job duties.

The Labor Code lists cases when an employee has the right to resign without working off.

These are the following cases:

inability to continue their work activity in connection with full-time enrollment in a university or educational institution for bachelor's and master's degrees;
employee retirement;
moving to another area for work;
sending the second spouse to work abroad;
caring for a sick family member, a disabled child or a child under 14 years of age;
in case of pregnancy, etc.

The procedure for drawing up and terminating an employment contract during part-time work is carried out according to the general rules of the Labor Code of the Russian Federation. However, there are nuances that must be taken into account when carrying out such procedures. Thus, when drawing up an employment contract for part-time work, special attention is paid to hours of work and terms of remuneration. The document indicates how many days a week the subordinate must work and the length of his working day. Earnings are set in accordance with the hours worked.

Author: ozakone
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Part-time employment of women when caring for a child under 3 years of age

Often part-time work is provided for women with children under 3 years of age. Despite the maternity leave taken out during this period, many women express a desire to work less than the whole day on a relaxed schedule. Vacation should not become an obstacle to returning to work, since during this time the employee retains her place of work. Not only she herself, but also the employer is interested in her exit, since it is important for both that the mother does not lose her professional skills.

Work during parental leave for children up to 1.5 years

By law, the length of time a woman with a small child can work during the week is not limited. In fact, she decides how many hours to work herself. This could be two or three hours a week or 35 hours. The specificity of the work schedule for a woman with a child under 1.5 years old is that a nursing mother needs a break from work to feed the baby. To ensure that leaving work for feeding is not considered absenteeism, the employee must submit an application to the manager requesting a break for feeding. Moreover, it must stand out in addition to the main break prescribed by law.

That is, the work schedule of a woman with a baby provides for interruption of work for one working day, and also, at the request of the woman, her work week can be shortened.

Working during parental leave for children under 3 years of age

Like all part-time employees, workers with children under three years of age must draw up an additional agreement to the employment contract indicating a new work schedule. It is issued on the basis of an application submitted by the employee and issued in connection with this order. In this case, she will have the right to a shortened pre-holiday day. Processing beyond the established time schedule must be paid additionally, or compensated for by an additional day off.

Procedure for applying for part-time work

The procedure for applying for a part-time or a week depends on who comes up with such an initiative:

If such a desire is voiced by a worker, a change in the working regime is carried out after this employee submits an application and documents confirming his right to this regime.
If the initiative comes from the manager, he must prepare the following documents in advance:
notification that is communicated to the employee;
The notice of the introduction of part-time work must indicate the consequences of the employee’s refusal to accept the proposed work schedule.
additional agreement;
corresponding order.

Documents presented by the employee

To switch to part-time work, an employee of the organization must fill out an application. However, this will not be enough. As a rule, the employer requests supporting documentation from him.

Features of presenting such documents:

they must be filled out correctly;
they indicate the reasons for the need to introduce a part-time work schedule (for example, a medical report).

Pregnant women can present a medical certificate confirming the need to work part-time

If a citizen is just getting a part-time job in an organization, he, in addition to the application and supporting documents, submits the following documents in the form of an attachment:

passport or other identity document;
work book, if he has one;
SNILS (if available);
military registration documents (for those liable for military service and conscripts);
diploma or certificate of education;
documents requested by the employer only in certain cases (depending on the specifics of the organization’s activities).

A work book is one of the documents presented by a citizen when applying for part-time work.

How to correctly write an application for transition to part-time work

The application is written in a free manner, since there is no unified form for such a document. In this case, the subordinate can use the organization’s letterhead or an ordinary sheet in A4 format.

The application shall indicate the following information:

Full name of the head;
Full name and position of the employee who wants to switch to a new labor regime;
the date from which the employee wants to be transferred to part-time work;
the term of such transfer (if necessary);
start and end times of the working day;
duration of daily work;
justification for transfer to part-time work;
date of application and signature of the employee.

The application is drawn up in two copies. One copy remains in the organization, and the second is signed by the manager and given to the subordinate.

An employee of an organization planning to work part-time must indicate in the application the desired length of the working day

How to draw up an order establishing part-time work

An employer who wishes to introduce part-time work in an organization must notify his subordinates about this two months before the planned actions. At the legislative level, a mandatory form of such a document has not been introduced for everyone.

The order establishing part-time work is drawn up arbitrarily, with reference to the local regulations of the organization.

The order contains the following information:

name of company;
order details;
the basis for issuing the order;
the period for which part-time work is introduced;
information about the employee.

After the order is approved by the manager, the employee must sign. This will indicate that he has read the order.

The order to introduce part-time work must contain information about the duration of such a period

Additional agreement when transferring to part-time work

An additional agreement to the employment contract is drawn up in free form. The document must contain innovations related to the establishment of a new labor regime.

Thus, the additional agreement states the following:

name of company;
Full name of the head;
Full name and position of the employee with whom the agreement is signed;
details of the employment contract, the terms of which will be changed;
labor time under the new operating mode;
duration of the agreement;
change in the conditions for calculating remuneration for labor.

The agreement is signed by the two parties to the labor relationship.

If a citizen has been working in an organization for some time, there is no need to conclude a new employment contract when introducing part-time work. In this case, an additional agreement is drawn up

Rules for drawing up an agreement

The half-rate agreement is drawn up in the standard way, but some changes are made to it. These include:

in the working conditions information is provided that the citizen will work part-time;
information about the place of work is included and the specialist’s job responsibilities are listed;
the method of remuneration and insurance conditions are indicated;
The work schedule is described in detail.

Participants may insist on other additional information. For example, it is indicated that the exact salary depends on the amount of time worked. Although a citizen works according to a specific schedule, he can count on receiving full leave. Work experience is calculated according to general conditions, therefore recalculation based on actual time worked is not allowed.

If a person works more time than specified in the contract, then such activity is considered overtime.

Initiative from above

The employer himself can initiate the transfer of an employee to part-time work in exceptional cases.

Thus, the grounds for initiating a transfer to part-time work may be modifications in the organization of work at the enterprise, threatening mass layoffs. A transfer to part-time work on these grounds can be of an exclusively temporary nature and lasts no more than six months.

In such cases, the employee is legally provided with the following optional options - dismissal or transfer to another position. If there is no suitable vacancy, then optionality is excluded, and the choice will only be between “quitting” or accepting the administration’s offer.