We are drawing up an order to establish part-time work at the enterprise. According to the Labor Code of the Russian Federation, the number of working hours cannot exceed forty hours per week. This duration is considered normal. There are also certain categories of workers whose norm is below the 40-hour mark. In labor practice, there is the concept of part-time work. It is established by agreement of the employees.
A part-time/part-time work week is agreed upon between the worker and the employer, in which it is possible to discuss and agree on almost any duration. To legally formalize such a regime, it is necessary to draw up several documents.
Cases of assignment of part-time work
The Labor Code specifies that parties may request the establishment of part-time work. This applies to all groups of workers and firms. For example, such an initiative is often taken by an employee who is undergoing training. At the same time, it is important to understand that there is a certain category of citizens for whom the company’s management is obliged to establish such a labor regime. The basis is a request received from a citizen.
Including:
- a woman who is pregnant;
- a citizen in whose care there is a child under the age of fourteen or a child with disabled status;
- a person caring for an elderly or disabled relative;
- a relative of the child who takes care of him until the baby reaches 3 years old;
- those who undergo distance learning in graduate school.
In order for a citizen to have a part-time work regime established, he will need to write an application and reflect in it:
- working hours;
- the type of part-time used;
- the day from which the transfer is made.
This document must be accompanied by written confirmation that the person has grounds to request the establishment of a part-time day. For example, this is a certificate issued by the doctors of the antenatal clinic or a certificate of incapacity for work of a relative of an employee. This act can also only be obtained from representatives of medical organizations.
When an employee requests part-time work
A certain sequence of actions is provided in this situation. The citizen will need:
- form an application (the act is written in free form, since there is no developed form);
- submit the document for review by the employer;
- with the consent of the company’s management, an additional agreement to the employment contract is drawn up;
- transfer to part-time work is carried out.
In this case, the management of the enterprise must take into account the provisions of Article 256 of the Labor Code of the Russian Federation, which specifies the categories of persons who cannot be denied the establishment of the labor regime in question.
Part-time work at the initiative of the employer
The head of the company can take the initiative to establish a part-time day. In this case, certain conditions must be met:
- Issuing an order to introduce a new labor regime at the enterprise. You need to create such a document at least a couple of months before changes occur.
- Send notices to all employees. This must also be done 2 months in advance.
- Obtain consent from employees to work in this mode. The notice must indicate that in case of disagreement, the person must write a statement before a specific date. This means that the will of the citizen is expressed in writing.
- Article 74 of the Labor Code of the Russian Federation indicates that the period for introducing this regime is limited. It cannot be more than six months. Payment is made in accordance with actual hours worked.
- If the parties cannot agree, then the employee has the right to write a statement of termination of the employment relationship.
Sample of filling out the T-1 format
There should not be any difficulties in filling out the unified T-1 form. The paper itself is practically no different from a standard order. There is also a T-1a form: it is filled out if several people are hired at once under the same conditions.
It is important not to forget to indicate that the employee is not hired full-time and to clearly state these conditions. A mistake can lead to a fine when checked by the labor inspectorate.
Please note: an employee can be hired at a lower rate, for example, 0.2, if several people work part-time at once.
Part-time work can be either permanent or additional, and an employment order must be drawn up for the employee. It is drawn up according to the template of forms T-1 or T-1a, if there are several employees, and should reflect that the employee was hired at 0.5 rates.
Watch the video that explains. How to hire a part-time worker:
Reduced working hours upon hiring
A company can reduce working hours at the stage of hiring a person. This is stated in the employment agreement. It is important to understand that, by law, the duration of working hours is limited for certain categories of citizens. Including:
- for persons under 16 years of age – no more than 24 hours per week;
- if the employee is between 16 and 18 years of age, then no more than 35 hours;
- when it comes to disabled people of the first two categories - also no more than 35 hours.
Persons who work in hazardous or hazardous industries can work up to 36 hours per week. If a person does not agree with the established work schedule, an employment contract is not concluded.
How to make an order for the holiday
How does an enterprise organize a shortened pre-holiday day? Do you need a manager's order? And is it possible to draw up an order for a pre-holiday day using the employer’s template? Or is there a unified form?
When answering the second question, you should immediately clarify that this norm is approved by federal legislation and does not change in any way if the employer has or does not have a corresponding order. If the provision for a short day on the eve of a holiday is not included in the employment contract, as well as in the enterprise’s LNA, the administration is still obliged to provide the staff with a similar labor guarantee. In this case, it is not necessary to issue a special order about the pre-holiday day, the sample is just below.
Nevertheless, many personnel officers play it safe and draw up such a document. It is most appropriate to notify employees of a reduction in normal working hours by an hour in continuously operating enterprises. These are, for example, institutions of round-the-clock medical services, municipal emergency services, etc. In such structures, it is necessary to approve the list of employees who will have to perform duties without concessions. But such employment must be compensated by providing time off or paying overtime.
Note! The usual length of the working day is not reduced if the pre-holiday date falls on one of the weekends - Saturday or Sunday. For example, in 2021, Thursday February 22 is a pre-holiday day, the duration is reduced by an hour. And in 2017, Sunday December 31st falls on a day off, so people work as usual.
Mandatory order for part-time work and its sample
The legislation does not have a developed form for drawing up an order. This document helps solve the following problems:
- confirms the position of the parties in the event of a labor dispute;
- takes into account changes in the work schedule;
- necessary for calculating wages;
- required in companies when a pass system is installed.
The content of the act depends on which party took the initiative to make the transition. Familiarization with the act is mandatory. Citizens put their signature on it.
You can fill it out here:
Sample of a completed order:
Is it necessary to draw up orders to introduce a shortened week or day?
The concept of part-time work is the establishment of a special work schedule for the entire team of an enterprise (organization) or for its individual employees, which does not correspond to the generally accepted standard of a 40-hour week with 5 working days and two days off.
Reducing the length of time during which employees undertake to perform their job duties is possible in one of the three ways presented below:
- Reducing daily working hours by arriving at work later and leaving earlier;
- Reducing the duration of the current work shift;
- Introduction of additional weekly rest days for the entire enterprise or for individual employees.
Changing the working hours is a significant working condition, which requires proper documentation.
The transfer of workers to part-time work is carried out by issuing an order by the head of the company.
Important! Regardless of whose initiative the changes to the work schedule are introduced, the absence of a corresponding order or its replacement with an oral agreement may become the reason for a labor dispute.
It should also be taken into account that in order to transfer a worker to part-time work at the initiative of the employer, written consent from the employee is mandatory. Such a document is drawn up after the latter has familiarized himself with the order of changes.
How to compose at the request of the employee?
To establish a reduced work schedule at the initiative of the employee, the latter submits a corresponding application to the management of the enterprise (organization).
The employer, at his own discretion, determines the weight of the reason for transferring the employee to part-time work and puts a rejecting or approving resolution on the application.
The legislator limited the management of enterprises (organizations) in making negative decisions on relevant applications submitted from the following categories of workers:
- Pregnant workers;
- Parents of children under 14 years of age - the procedure for establishing;
- Parents of children with assigned disabilities before the child reaches adulthood;
- Persons caring for seriously ill relatives (if there is medical documentation confirming the need for care);
- Working women who are legally entitled to maternity leave (having a child up to 36 months).
Important! Not only biological parents, but also citizens who have legally established guardianship (trusteeship) over a child have the right to transfer.
The order is drawn up in free form in accordance with the general requirements of the rules of office work.
The document can be published on the letterhead of the enterprise (organization), if available, or on a sheet of A-4 format. The document must have the date of publication, order number, and city of location of the legal entity.
The body of the order specifies the basis, which in this case will be the agreement of the parties.
You should also detail what exactly the shortening of the working day will consist of: the start of work, its end, time for a lunch break, number of days off per week.
You should also write an order to the authorized employee of the financial department for the new payroll calculation for the applicant to transfer to a reduced regime.
Another order concerns the personnel department or legal department, which requires the development and signing of an additional agreement to the employee’s employment contract.
The order is signed by the manager and provided for review to officials related to the orders given in the document presented (for example, the chief accountant and the head of the legal department).
Example
order establishing part-time work at the employee’s initiative – word.
This is what the sample looks like:
How to apply for a transfer at the initiative of the employer?
An order for transfer to a reduced work schedule at the initiative of the employer is drawn up according to the same requirements as the establishing order at the initiative of the employee.
The only difference is the need to detail in the submitted order the reasons for changes to the work schedule.
Such reasons may be the economic instability of the company, the transition to new technologies, the introduction of new equipment into the production process, etc.
order for transfer to part-time at the initiative of the employer - word (about a shortened week for the entire enterprise).
This is what the sample looks like:
Payment for part-time work
Under this regime, payment is made in proportion to how much the employee works. For example, if an employee works 2 days in a week instead of 4, his earnings will be reduced by half.
In the accounting sheet, non-working time is noted by using the symbol B, which indicates a day off. If a citizen is involved in work outside of working hours, this is considered as overtime for performing work duties. Payment for these hours is made in double amount. These provisions are spelled out in Article 152 of the Labor Code of the Russian Federation.
