How to register an employee’s employment at 0.25 wages

Last modified: January 2021

Sometimes life circumstances do not allow you to work full time. In this case, the solution will be to work part-time - the employer and the employee draw up a part-time employment contract, which is reflected in both the length of work time and his payment. There are other nuances of registration for part-time work related to the implementation of certain rights and obligations of the parties.

The Labor Code provides for such a form of relationship as work at 0.5 times the rate, when both parties to the labor relationship voluntarily agree to reduce the workload. The reasons may be related to personal circumstances, health status, part-time work at the main place of work in connection with employment in another organization. The basis for registration is an application from the employee, and the entire acceptance procedure takes place in accordance with the general norms of the Labor Code of the Russian Federation.

What it is

The term rate refers to full-time employment, which corresponds to the schedule in the organization and provides for full payment of labor. It is necessary to be guided by the standard documentation. There is a definition of working at half the rate in the Labor Code.

The provisions of Article 93 reflect that the employment agreement is drawn up for the type of employment in question at the time of employment. The initiative may come from one of the parties to the labor relationship.

It is necessary to pay attention to the fact that if there is an employer’s initiative, the employee is required to obtain consent. This measure can also be used as a transition to easier working conditions. Payment is made at half the rate.

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.

Regulation in the Labor Code of the Russian Federation

Labor legislation provides that an employment agreement at 0.5 wages can have several varieties:

• unlimited;
• urgent.

The latter type of agreement applies for a certain period of time. This time is reflected in the contract. Perpetual contracts are not limited in validity in time. They lose force when one of the parties to the agreement expresses his desire to terminate the document. The grounds are specified in the agreement and laws.

The Labor Code of the Russian Federation reflects the list of citizens who are empowered to conclude an employment contract with them at half the rate. These include:

• women who are pregnant;
• a parent raising children alone (meaning children under the age of fourteen);
• parents of children recognized as disabled;
• college students;
• minor citizens;
• persons caring for sick relatives.

The listed categories must confirm the existence of a particular right by providing documentation.

In some situations, this decision is dictated by the need to reduce the number of employees at the enterprise. Employees are asked to work part-time to avoid losing their jobs.

Order to hire a part-time worker at 0.5 rate

Writing a job application is not difficult. The generally accepted form T-1 is used. It states:

• Organization data
• Employee hiring and dismissal dates
• Information about the employee: full name, position, whether the place of work is the main one or not
• Working conditions are described in detail: rate, salary, how rest time will be provided. The following indicates whether a probationary period applies or not.
• Employment contract information
• Signatures of the parties

The order is no different from the order for the main employee.

Disadvantages and advantages of working part-time

The type of employment under consideration has positive and negative sides. It is recommended that you familiarize yourself with them in more detail before taking up a half-time job. The advantages include:

• if there is a main job, a person acquires additional labor skills or is engaged in mastering a new position;
• additional income;
• the opportunity to use free time profitably;
• inclusion in the work experience;
• gaining experience that may be useful in the future;
• in the future you can switch to full time;
• provision of rest days and payment of vacation pay.

Leave from the first place of work and the second can be taken at the same time. You will need to provide an order from your main place of work indicating the date of leave and its duration. The organization cannot refuse rest at the chosen time.

When you can't work part-time

The Labor Code stipulates cases when it is impossible to work as a part-time worker. These cases are enshrined in Articles 282, 329 of the Labor Code of the Russian Federation.

So, you can’t get a part-time job if:

1. The applicant has not reached the age of majority
2. There are harmful and dangerous factors at the main place of work and part-time work
3. Employee drives transport
4. The citizen works in a number of public sector positions
5. The employee is an employee of the Central Bank
6. Other cases

A complete list of persons who cannot be employed part-time is contained in Government Decree No. 16 of January 19, 2008, as well as in legislation on certain industries.

If an employee who, by law, does not have the opportunity to work part-time, still officially gets an additional job, then the employment contract will most likely be declared void, in accordance with clause 11 of part 1 of Article 77 of the Labor Code of the Russian Federation. In this case, the company will also be held liable in accordance with Article 5.27 of the Administrative Code.

Is it possible to work part-time at your main job?

In a situation where it is necessary to register an employee at half the rate at the place of work that is the main one, it is necessary to take into account the provisions of labor legislation. This is discussed in Articles 256 and 93 of the Labor Code. The requirements that must be met for part-time work are reflected. Recording the completion of work occurs in different ways: you can work part-time or part-time.

If there is agreement between the parties to the employment relationship, then part-time work can be established not only when drawing up a contract, but also during the work process. In addition, employees have the right to request a transfer at half the rate. Some situations suggest that the management of the company has an obligation to satisfy such a person’s desire. The listed categories of persons are reflected above.

In the event that an organization refuses to transfer to half the rate, the employee initially applies to a specially created commission. If in this case the issue is not resolved in favor of the employee, a claim is filed with a judicial authority. Persons who work part-time are subject to labor laws. There are no exceptions to this rule.

The nuances of working for deliveries

When taking a part-time job, an employee must understand that in this case he will be deprived of the opportunity for career growth. Organizational leaders prefer employees who devote their entire time to work. Part-time workers who are downsizing are first in line for dismissal.

Despite this, part-time work gives a person the opportunity to expand the range of their specialties. It may happen that a mastered profession may become the main one.

A person who combines positions at one enterprise has a good income. The ability to perform your main duties in a short time gives you the opportunity to apply your strengths in another profession. This way you can make good money.

External and internal part-time work

The legislator says that there are two types of part-time work:

• external;
• internal.

The last type provides for a person to occupy half the rate in one position and the full rate in another in one company. External part-time work involves a person’s employment in another company.

The process of registering an employee at the main place of employment does not provide for any special features compared to other organizations. An employment agreement must be drawn up.

When a person is an external part-time worker, he is required to take a copy of the work book from the main employer. Other documentation must be submitted in its original form. The labor record does not record that the employee is a part-time worker.

Imaginary part-time jobs. A little accounting.

Let's say you receive a salary of 10,000 rubles. From this money you pay personal income tax in the amount of 13%, that is, you give 1,300 rubles to the state in the form of taxes (read an interesting article about personal income tax and VAT here). Please note that these 1300 rubles of tax are paid by YOU, not the company! (the company in this case acts as a tax agent, that is, it deducts the amount of tax from your salary and pays it to the budget for you).

But there are also additional payments to extra-budgetary funds, which the company pays out of its own pocket. This is where the dog lies buried in the exaggerated registration of a part-time employee. Let's do the math.

There are three types of extra-budgetary funds:

• PFR - Pension Fund;
• FSS - Social Insurance Fund;
• MHIF - Mandatory Health Insurance Fund;

For 2021, contributions to these three funds are: 22% of the Pension Fund, 2.9% of the Social Insurance Fund and 5.1% of the Compulsory Medical Insurance Fund. In total, the employer MUST pay an additional 30% of your salary OUT OF HIS POCKET. In the example given, this is 3,000 rubles. It is quite understandable that not everyone wants to pay that kind of money honestly. This is where the fraudulent scheme of working part-time “on paper” comes from - it’s just a way to save money.

By registering an employee according to the above scheme, an unscrupulous employer saves a lot of money. The “savings” will be greater the higher the salary and the larger the number of employees in the company. Calculate how much you can “save” this way, and you will be surprised.

Some will say: so what’s wrong with that, since I receive my salary in full? That’s right, but look again at the distribution of interest rates in contributions to extra-budgetary funds. Most of it goes to the Pension Fund!

Remember

If you work full-time but are registered part-time, your pension contributions are proportionately reduced. The entrepreneur simply puts the difference in his pocket, so this is ordinary theft. Remember this!

You are entitled to this money by law. They are YOURS, even though we never hold them in our hands. This is very real money, and when you retire, the money stolen from you may one day not be enough for you. It will no longer be possible to return them, since the entrepreneur has already bought himself a new car with them or has flown to take a break from back-breaking work abroad. And in general, everything is legally clear - after all, you signed an employment contract, which stipulated the registration of a part-time job.

Remember all this when the owner of the company once again smiles sweetly at you when you meet. He has something to smile about, because he successfully robbed you and at the same time remained almost crystal clear before the law.

On whose initiative can I transfer?

Changes may occur in an employee's life that make it impossible to continue working full-time. The legislator does not prohibit employees from taking the initiative to transfer to part-time work.

You will need to write an application. The document is drawn up in free form. If the management of the enterprise is not against such a measure, then a transfer order is formed and the transfer is organized. Wages are reduced, as are hours of employment.

The desire may come from the employer. This is due to changes that have occurred in the financial security of the company. Therefore, it is necessary to make adjustments to the staffing table. In this case, if the employee agrees, he writes an application requesting a transfer to half the rate. Otherwise, the dismissal procedure is implemented.

How many hours is this?

The relations that develop between the parties to labor relations are regulated with the help of the Labor Code. Much attention is paid to this issue in legislation.

It reflects how long the shift should be so as not to harm the employee’s health. The employment agreement specifies the specific length of the employee's working day. The schedule according to which the person works is indicated.

When drawing up a contract, legal provisions must be taken into account. It is established that the duration of activity of part-time workers is four hours. This value is fixed for the day. The standard hours for employees are set by the company management.

Schedule and mode

It is imperative that at the time of registration of the employment relationship it is necessary to discuss the mode in which the employee will perform his duties. The schedule should be convenient for both parties. The company has the right to offer several employment options:

• part-time;
• less than a week.

The duration of a part-time day is determined by the organization. It can be either four or six hours. If you select an incomplete week, you will need to work several days a week.

How to apply

When a person is hired for a part-time job, an order must be issued indicating employment in a specific position. There are some things that need to be taken into account when drafting an order. Including:

1. You should pay attention to the point that concerns the conditions of employment. It reflects that the employee will work part-time.
2. The corresponding line reflects the employee's earnings. The salary is equal to half the payment established for a full day of performing labor duties in a similar position.
3. The order must be signed within three days. The countdown starts from the day the person actually started working at the enterprise.

If a person wants to work half a day, then he needs to inform the company’s management about this. This should be done in writing. The document reflects information about the organization where he is employed, the applicant’s data and the reasons for the transfer to part-time work. Entries in work books are made by specialists from personnel departments.

Part-time admission: general information

Employers should be aware of the following features of hiring employees who are willing to work part-time or a week:

1. Part-time work can be agreed upon with the employee or employer not only at the beginning of the employment relationship (when concluding an employment agreement/contract), but also later.
2. Part-time work can be arranged in two ways - as a part-time shift (part-time), or as a part-time week.

The employer is obliged to provide the opportunity to perform work duties on a part-time basis in the following cases:

• at the request of a pregnant woman at any stage of pregnancy;
• at the request of an employee who is forced to care for a sick family member (medical documents are provided as evidence);
• at the request of the mother, father, legal representative of a child under 14 years of age or minor children with disabilities.

Employment contract

If the management of an enterprise needs to transfer an employee to part-time conditions, entries in the work book are reflected according to the general rules. There are no restrictions established in the legislation affecting the process of employment at half the rate. It is provided that a part-time worker is also given the authority to use rest days. It does not matter how many days a month a citizen worked.

Article 93 of the Labor Code states that part-time work is also counted towards a person’s length of service. In order for a citizen to work part-time, it is necessary to conclude an employment agreement with him. The form of the document is free, and the act must reflect:

• concepts included in the document;
• the powers of the employee who starts work;
• employee obligations;
• working hours;
• subject of the agreement;
• conditions on the basis of which remuneration is made.

General points for applying for a part-time job at 0.5 rates

The procedure for hiring a part-time employee is almost equivalent to registering an employee for a full-time job. Despite the fact that the package of documents for employment is standard, the following features must be taken into account:

1. The employment contract and order state that the employee works part-time
2. In accordance with Article 218 of the Labor Code of the Russian Federation, the income of a part-time worker is taxed without taking into account the child tax deduction. This deduction is provided to the employee only at his main place of work.
3. Payroll is calculated based on time worked or amount of work completed
4. In most cases, an entry in the work book about such additional work is not made; the work is carried out on the basis of an employment contract
5. Under certain circumstances, part-time workers may work full time, subject to cumulative working hours

The main nuance when registering a part-time job is that the employment contract must describe in great detail the conditions under which the employee is hired.

Let's take a closer look at the main points of drawing up an employment contract for a part-time worker at 0.5 rate.