What does a sample application for employment for a part-time job and an order for employment for a part-time job look like?

Labor Code of the Russian Federation on part-time work

The terms “rate” or “0.5 rate” do not appear in the Labor Code of the Russian Federation. In practice, the rate is usually called the normal working time - no more than 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation).

Everything that is less than the specified norm (including work at 0.5 times the rate) is designated in the Labor Code of the Russian Federation as part-time work (ILO Convention No. 175 of June 24, 1994 “On Part-Time Work”, Art. 93 Labor Code of the Russian Federation, letters of Rostrud dated 06/08/2007 No. 1619-6, dated 06/24/2009 No. 1819-6-1).

Part-time employment contract

January 28, 2021

Saint Petersburg

Limited Liability Company "Сlubtk.ru" (LLC "Сlubtk.ru"), referred to as the "Employer", represented by the General Director Andrey Viktorovich Viktorov, acting on the basis of the Charter, and Anna Dmitrievna Balakin, referred to as the "Employee", on the other hand, have entered into this employment agreement (hereinafter referred to as the Agreement) as follows:

1. General Provisions

1.1. The employer undertakes to provide the citizen with a job as a manager, provide working conditions, and pay wages on time and in full. The employee undertakes to personally perform the work function.

1.2. The place of work is located at: 123456, St. Petersburg, st. Pravdy, no. 1.

1.3. Work under this Agreement is a part-time job for a citizen; a part-time working schedule is established from 14-00 to 18-00 hours with a five-day work week from Monday to Friday.

1.4. Start date: January 28, 2021

1.5. This Agreement is concluded for an indefinite period.

1.6. Working conditions in the workplace are acceptable (class 2).

1.7. The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation.

2. Rights and obligations of the Employee

2.1. The employee has the right:

2.1.1. To amend and terminate this Agreement in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.

2.1.2. Providing work stipulated by this Agreement, a workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement.

2.1.3. Complete reliable information about working conditions and labor protection requirements in the workplace, including the exercise of rights granted by legislation on special assessment of working conditions.

2.1.4. Providing the workplace with equipment, tools, technical documentation and other means necessary for the performance of work duties.

2.1.5. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

2.1.6. Rest ensured by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, and paid annual leave.

2.1.7. Complete reliable information about working conditions and labor protection requirements in the workplace, including the exercise of rights granted by legislation on special assessment of working conditions.

2.1.8. Preparation and additional professional education in the manner established by the Labor Code of the Russian Federation and other federal laws.

2.1.9. Association, including the right to create and join trade unions to protect one’s rights, freedoms and legitimate interests.

2.1.10. 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.

2.1.11. Conducting collective negotiations and concluding collective agreements and agreements through their representatives, and for information on the implementation of the collective agreement and agreements.

2.1.12. Protection of your rights, freedoms and legitimate interests by all means not prohibited by law.

2.1.13. Resolution of individual and collective disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws.

2.1.14. Compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws.

2.1.15. Compulsory social insurance in cases provided for by federal laws.

2.1.16. Implementation of other rights provided for by law and other regulatory legal acts containing rules of law, local regulations, collective agreements, agreements and this Agreement.

2.2. The employee is obliged:

2.2.1. Conscientiously fulfill the duties assigned to him by this Agreement and the job description.

2.2.2. Comply with internal labor regulations and other local regulations of the Employer.

2.2.3. Maintain discipline.

2.2.4. Comply with established labor standards.

2.2.5. Comply with labor protection and occupational safety requirements.

2.2.6. Treat with care the property of the Employer and the property of third parties that is in the possession of the Employer, if the Employer is responsible for the safety of this property.

2.2.7. Immediately inform your immediate or superior manager about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer, employees, the property of third parties that is owned by the Employer and for the safety of which the Employer is responsible, about an accident that occurred at work, about deterioration state of their health, including the manifestation of signs of acute occupational disease (poisoning).

2.2.8. Perform other duties provided for by law and other regulatory legal acts containing rules of law, local regulations, collective agreements, agreements and this Agreement.

3. Rights and obligations of the Employer

3.1. The employer has the right:

3.1.1. Amend and terminate this Agreement in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.

3.1.2. Conduct collective negotiations and conclude collective agreements.

3.1.3. Encourage an employee for conscientious, effective work in the manner and under the conditions established by the Employer’s local regulations.

3.1.4. Require him to fulfill his duties and take care of the Employer’s property (including the property of third parties located by the Employer, if the Employer is responsible for its safety), compliance with the Internal Labor Regulations and other local regulations in force at the Employer.

3.1.5. Bring a citizen to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

3.1.6. Adopt local regulations.

3.1.7. Create associations of employers for the purpose of representing and protecting their interests and join them.

3.1.8. Create a works council.

3.1.9. Implement the rights granted to him by legislation on special assessment of working conditions.

3.1.10. Exercise other rights provided for by law and other regulatory legal acts containing rules of law, local regulations, collective agreements, agreements and this Agreement.

3.2. The employer is obliged:

3.2.1. Comply with legislation and other regulatory legal acts containing rules of law, local regulations, terms of the collective agreement, agreements and this Agreement.

3.2.2. Provide the work stipulated by this Agreement.

3.2.3. Ensure safety and working conditions that comply with state regulatory labor protection requirements.

3.2.4. Provide equipment, tools, technical documentation and other means necessary to perform his duties.

3.2.5. Provide equal pay to other employees for work of equal value.

3.2.6. Pay the full amount of wages due within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, and this Agreement.

3.2.7. Keep records of working hours.

3.2.8. Conduct collective negotiations, conclude a collective agreement in the manner established by the Labor Code of the Russian Federation.

3.2.9. Provide representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation.

3.2.10. Introduce him, against signature, to the adopted local regulations directly related to his work activities.

3.2.11. Timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with legislation and other regulatory legal acts containing rules of law, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines imposed for violations labor legislation and other regulatory legal acts containing labor law norms.

3.2.12. Consider submissions from the relevant trade union bodies and other elected representatives about identified violations of legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives.

3.2.13. Create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation and other federal laws and regulations.

3.2.14. Provide for the Employee’s everyday needs related to the performance of his job duties.

3.2.15. Carry out compulsory social insurance for the Employee in the manner established by federal laws.

3.2.16. Compensate for harm caused to the Employee in connection with the performance of his labor duties, 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.

3.2.17. Perform other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, a collective agreement, local regulations and this Agreement.

4. Working hours and rest hours

4.1. The employee's working hours are set:

• working hours - 20 hours per week;
• a five-day work week with two days off - Saturday and Sunday;
• Duration of daily work - 4 hours;
• start time: 2 p.m. 00 min., end time - 18 hours. 00 min.

4.2. Due to the fact that the working day does not exceed four hours a day, the employee is not provided with a break for food and rest.

4.3. The employee is granted annual basic paid leave of 28 calendar days.

By agreement between the Employee and the Employer, annual basic paid leave may be provided to the Employee in parts. At least one part of this leave must be at least 14 calendar days.

4.4. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with the Employer.

Annual basic paid leave may be granted before the expiration of six months by agreement between the Employee and the Employer.

4.5. For family reasons and other valid reasons, the Employee, based on his written application, may be granted leave without pay, the duration of which is determined by agreement between the Employee and the Employer.

5. Remuneration.

5.1. The employee is remunerated in proportion to the time worked based on the salary for the position held in the amount of 30,000 (thirty thousand) rubles 00 kopecks.

5.2. The Employer pays the Employee wages every half month on the paydays established by the Internal Labor Regulations in force at the Employer.

5.3. If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day.

5.4. Payment for vacation is made no later than three days before it starts.

5.5. The Employee's salary is paid in the currency of the Russian Federation in non-cash form by transferring funds to the personal bank account specified in the Employee's written application. The application with bank account details is submitted by the Employee to the Employer’s accounting department.

6. Responsibility of the parties

6.1. The employee and employer are responsible in accordance with current legislation. In particular, the employee may be subject to disciplinary liability in accordance with Art. 192, 193 Labor Code of the Russian Federation.

6.2. The parties bear financial responsibility in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws.

7. Change and termination

7.1. Changes in the conditions specified for the parties, including transfer to another job, are carried out only by agreement of the parties, except for cases specified in the law. An agreement to change conditions is concluded in writing.

7.2. The contract is terminated only on the grounds specified in the Labor Code of the Russian Federation.

7.3. The day of termination in all cases is the last day of work of the Employee, with the exception of cases where the Employee did not actually work, but, in accordance with the Labor Code of the Russian Federation or other federal law, retained his place of work (position).

7.4. Guarantees and compensation related to the termination of this Agreement are provided to the Employee in accordance with the norms of the Labor Code of the Russian Federation and other federal laws.

8. Final provisions.

8.1. Disputes are resolved in accordance with the procedure established by law.

8.2. In all other respects, the parties are guided by the legislation of the Russian Federation.

8.3. This Agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

Details and signatures.

I, Balakina Anna Dmitrievna, upon hiring, in accordance with Part 3 of Article 68 of the Labor Code of the Russian Federation, upon signature, am familiarized with the job description, internal labor regulations, regulations on remuneration, regulations on bonuses, and a list of information constituting a trade secret .

I received a copy in my hands:

When can you transfer an employee to 0.5 rates?

Such a transfer is acceptable upon entry to work or at any time during the period of employment. When transferring to 0.5 rates, not everything depends on the employer and employee - labor legislation imposes certain restrictions:

• establishes categories of employees for whom the employer cannot refuse a request for transfer to part-time (Part 2 of Article 93 of the Labor Code of the Russian Federation);
• stipulates the conditions and circumstances of the legal transfer of employees to part-time work at the initiative of the employer (Article 74 of the Labor Code of the Russian Federation).

According to labor legislation, transferring an employee to part-time work is possible:

• At the initiative of the employee

In addition, the employer does not have the right to refuse to change the essential terms of the employment contract to an employee who submits a medical report and an application for light work in connection with pregnancy (Part 1 of Article 254 of the Labor Code of the Russian Federation).

• At the initiative of the employer

If one of the conditions is not met, unilaterally transferring employees to part-time status (without their written consent) will be illegal.

The criteria for mass layoffs are determined in industry and (or) territorial tariff agreements or according to Government Decree No. 99 of 02/05/1993 (based on the number of workers laid off due to the liquidation of enterprises or a reduction in the number or staff of employees for a certain calendar period).

general characteristics

The legal basis is spelled out in the Labor Code; you should focus on Articles 93, 256. What knowledge do you need to have if you need to hire a part-time employee?

1. A partial day can be recorded both in the form of an incomplete shift (day) and in the form of an incomplete week.
2. It is not forbidden to establish an incomplete period by agreement between the employer and the mercenary, not only at the time of hiring, but also after some time.

The employer must establish part-time work or part-time work week in the following points:

• statement of a woman during the period of bearing a child (pregnancy);
• application of one of the parents or guardian who has children under the age of fourteen years or a child with a disability under eighteen years of age;
• A statement from the person caring for the relative , usually accompanied by medical certificates.

For how long can a part-time transfer be possible?

Here it all depends on who initiated the transfer of the employee to 0.5 rates:

• The initiator of the transfer is the employee himself

The period of work in this mode can be any, including indefinite (part 1 of article 93 of the Labor Code of the Russian Federation).

There is one exception in relation to employees transferred at a personal request to 0.5 rates and belonging to the category of employees who cannot be denied this. The period of their work in part-time mode is limited to the period of preferential circumstances (Part 2 of Article 93 of the Labor Code of the Russian Federation).

The employer may agree to such employees a longer period of part-time work, although it is not obligated to do so. Such employees have the right to abandon the established regime ahead of schedule, and the employer cannot prevent them from doing so - since according to the Labor Code of the Russian Federation, the employer’s consent to the establishment of a special regime is not required, it means that it is not necessary to cancel it (Part 2 of Article 57, Art. 72, part 1 of article 93 of the Labor Code of the Russian Federation).

• The initiator of the transfer is the employer

If the employer unilaterally transferred workers to part-time to prevent mass layoffs, the period of work in this mode cannot exceed 6 months (Part 5 of Article 74 of the Labor Code of the Russian Federation).

Within this six-month period, a specific length of working time (week, day, shift) must be established. After this period, employees must be transferred to the previous regime. Cancellation of the part-time work regime before the expiration of the period for which it was established is carried out taking into account the opinion of the trade union.

How should an employee's application for a part-time job be written?

An employee writes an application for a part-time job in a free form, there is no normatively established form.

It is not required by law. But you can ask the employee to write it if you need it for some reason (for example, such a procedure is provided for in the internal labor regulations). There are no risks.

Having received the application, check that the employee indicates in it: his full name, the position for which he is being accepted, and the structural unit (if any), the date of admission, work mode (including the beginning, end and total duration of part-time work). working day).

Have the employee sign the application and date it. In practice, such a statement is written before the conclusion of the employment contract, so the date of the statement may either coincide with the date the employee signs the employment contract or be earlier.

Sample application for part-time employment

Salary and vacation under the new work schedule

Part-time work does not limit the employee’s rights. He can still count (Part 4 of Article 93 of the Labor Code of the Russian Federation, Letter of the Ministry of Labor dated October 25, 2018 No. 14-2/OOG-8519):

• for annual paid leave, the duration of which does not change due to a decrease in hours worked;
• calculation of length of service in the usual manner and full compliance with other labor rights.

The salary for part-time work is calculated in proportion to the time worked or depending on the amount of work performed (Part 3 of Article 93 of the Labor Code of the Russian Federation). The salary in such a situation is calculated according to the rule - if an employee works part-time, then it is assumed that he works half the normal working time.

Example. The salary of the accountant of Progress LLC Tomilina N. E. is 32,000 rubles. Since July 2021, at her personal request, expressed in the application, the employee has been transferred to part-time work at 0.5 times the rate.

From now on, her monthly salary will be:

32,000 rub. x 4 hours /8 o'clock = 16,000 rub.

or

32,000 rub. x 0.5 bet = 16,000 rub.

The introduction of a part-time working regime does not entail changes in the staffing table in terms of the initially established salaries.

We arrange a transfer of 0.5 rates at the request of the employee

For personnel records management, transferring an employee to part-time work is a change in the terms of the employment contract previously determined by the parties.

How to formalize such a personnel event depends on who initiated the transfer. If an employee makes such a request to the employer, the following documents are usually needed to document the transfer:

• Written statement from the employee.

The law does not require a written form of the application, but if something happens it will confirm the fact of the employee’s personal request for a transfer to 0.5 rates and the absence of coercion on the part of the employer.

• Additional agreement to the employment contract according to the provisions of Art. 72 Labor Code of the Russian Federation.

Draw it up in two copies in any form indicating the working hours (at 0.5 times the rate), the period for which part-time working hours are introduced, the procedure for remuneration and the date of entry into force of the changes.

For what to write in the text of the agreement, see the example:

Since the employee transferred to part-time will work no more than 4 hours a day, he may not be provided with a lunch break (Part 2 of Article 57, Part 1 of Article 100, Part 1 of Article 108 of the Labor Code of the Russian Federation).

• An order to transfer an employee to 0.5 rates (it is advisable to issue, but not necessary).

Required documents

An employment contract establishes work obligations between the employee and his employer.

When drawing up a part-time contract, the form to fill out includes the following items:

1. General provisions.
2. Rights and obligations.
3. Subject of the agreement.
4. Work and rest schedule.
5. Terms of payment.
6. Characteristics of working conditions.
7. Requisites.

At the request of both parties, when drawing up the main document, you can add additional items that are determined by the specifics of the work.

The amount of payment is set at 50% of the specified salary in the staffing table .

What documents should I prepare if the initiator of the transfer is the employer?

Let us recall that the part-time regime can be introduced by the employer solely under the circumstances provided for in Art. 74 Labor Code of the Russian Federation.

The package of documents will be as follows:

• Employees should be given written notices no later than 2 months before the introduction of the new regime (Part 2 of Article 74 of the Labor Code of the Russian Federation).

• If the employee agrees, enter into an additional agreement with him or her to the employment contract. In case of disagreement, the employment contract is terminated after 2 months due to a reduction in the number or staff (part 6 of article 74, clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation).
• Issue an order on the introduction of part-time working hours, in which you specify from what date and for what period the regime will be introduced, for which employees, as well as other nuances that will help HR officers to correctly formalize the change in labor relations, and the accounting department to pay employees.

Don’t forget to also send a notification to the employment service (we’ll talk about this later).

How to draw up a document

The execution of the application, as well as its content, is entirely at the discretion of the applicant. The form can be written on an ordinary sheet of A4, A5 format or on company letterhead (if required by the employer), in handwritten format (strictly with a ballpoint pen of any dark color, but not in pencil) or printed on a computer.

In this case, one important rule should be observed: the document must be signed by the applicant, however, it should be remembered that the use of facsimile autographs, i.e. printed in any way is absolutely unacceptable - the signature must be handmade.

The application must be written in two copies :

• one should be left with you, after being endorsed by the secretary or HR employee,
• the second to be transferred to the employer's representative for the director's resolution.

Employment service notification

The employer is obliged to notify the employment service in writing about the introduction of a part-time working regime, including when transferring employees to 0.5 wages, within 3 working days after the decision is made to carry out the relevant measures (Clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation”).

Such information is mandatory if the transfer of employees to 0.5 rates is established at the initiative of the employer - in accordance with Art. 74 Labor Code of the Russian Federation.