Home / Labor law / Employment / Employment contract / Additional agreement
Back
Published: 07/11/2016
Reading time: 7 min
0
1747
A reduction in working day or week is a change in the employment contract.
The contract can be changed only with the consent of the management and the employee or upon application by concluding an additional contract. agreements .
- Cases of registration
- Document function
- Document structure
- Design nuances
- Execution
Cases of registration
The working hours must be prescribed either in the work schedule or directly in the employment agreement.
If the regime changes, as required by Article 72 of the Labor Code, an additional agreement to the employment contract must be drawn up.
Any employee can be hired or transferred to work part-time if both the director and the employee agree to this. But there are categories of employees for whom part-time work is mandatory upon personal application.
Article 93 contains a closed list of categories. Management is obliged to reduce the working day in this way:
- pregnant employee;
- mother or father (adoptive parent or guardian) of a child under 14 years of age or a disabled minor;
- caring for a sick close relative (if there is a medical opinion on the need for care).
Also, upon application by an employee, the company is obliged to allow a parent or other relative who is on leave to care for a child (until his third birthday) to work part-time.
Working part-time, a caregiver does not lose the right to receive care benefits!
Responsibility for violations
Management and personnel department employees bear the same responsibility as in the case of drawing up the main employment contract.
Here we can highlight the following rules and grounds:
- the agreement is drawn up in accordance with the Labor Code of the Russian Federation and other relevant acts of legislation - in writing, with registration and signature of the parties;
- the HR department employee is responsible for the violation;
- penalties include administrative prosecution, fines, disciplinary sanctions and even criminal liability, which is often based on a significant violation - loss or theft of a document;
- Incorrect preparation and registration, or damage to the document will result in disciplinary action.
The document will be used in the event of legal and administrative proceedings, in court when considering a claim. Therefore, management is also responsible for maintaining and correctly concluding the agreement.
If a violation of an employee’s rights is revealed, which is approved by management (signed by him after review), the authorized bodies can also impose a fine, promote administrative penalties and bring criminal charges.
Document function
In the absence of additional agreement, the working day cannot be shortened, because work in this mode is paid based on the time actually worked. And in order for the accounting department to have grounds for calculating a reduced salary, you need to provide a signed additional agreement to the employment contract.
Payroll in a smaller amount without a signed additional payment. agreement may give rise to legal proceedings or the drawing up of an administrative protocol by the prosecutor or state inspector of the State Tax Inspectorate.
Additional agreement on part-time work sample
Part-time work may consist of part-time work (for example, working seven hours a day instead of eight) and part-time work.
According to Article 93 of the Labor Code of the Russian Federation, the employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen (a disabled child under the age of eighteen), as well as a caregiver for a sick family member in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.
According to Article 74 of the Labor Code of the Russian Federation, the employer has the right to introduce a part-time working regime if a change in organizational or technological working conditions may lead to mass dismissal of workers. In this case, the employer must take into account the opinion of the trade union body and enter into an additional agreement with employees for part-time work. If the employee refuses to continue working in this mode, then the employment contract is terminated in accordance with clause 2, part 1 of Art. 81 Labor Code of the Russian Federation. In this case, the employee is entitled to guarantees and compensation provided in the event of a reduction in the number or staff of employees (Part 6 of Article 74 of the Labor Code of the Russian Federation).
In this case, the employee is entitled to guarantees and compensation provided in the event of a reduction in the number or staff of employees.
Document structure
Add. the agreement is drawn up as an employment contract and is attached to it for the entire storage period of the main contract (75 years). The basis for the additional agreement will be the employee’s personal statement. The structure must contain the following elements:
- preamble (who is the employer, who is the employee);
- ambula (the essence of the agreement);
- requisites.
The preamble indicates not only the name of the company, but also the powers of the signatory: either a director under the charter, or another manager under a power of attorney (the number and date of the power of attorney must be indicated).
The ambulatory must contain the essence of the agreement:
- by how many hours the employee’s working day or week is reduced;
- how long will this regime last?
- How is work in this mode paid?
- basis for the agreement (statement or article of the Labor Code).
Details must be based on current documents:
- a fresh extract from the Unified State Register from the tax office;
- employee passport.
Since the agreement is part of the employment contract, a copy of it must be given to the employee. Therefore, under the details you need to insert a receipt confirming receipt of a copy.
A sample additional agreement on part-time work can be downloaded here.
How to correctly draw up an additional agreement to an employment contract on transfer to part-time work?
Hello. We work in non-food retail. Stores are closed, revenue is 0.
The employee needs to get a deferment on the loan; for this purpose, we agreed with him to draw up an additional agreement, according to which he will be able to show a decrease in income by 30%. Now the official salary of an employee = minimum wage + “Ural coefficient” 15%, a total of 14 thousand. rub.
The goal is to show a low salary. Is it possible to somehow pay an employee less than the minimum wage? For example, 5tr instead of 14tr.
Accountants write that it is possible if an employee is employed part-time.
Question: what should be included in the additional agreement, what should be the necessary wording in the agreement, and what documents will be required in addition to it?
Marina, thank you for your detailed answer with links to proofs and sample documents!
Answers from lawyers (2)
- 5499 replies
- 2080 reviews
You can currently establish a part-time working schedule for an employee (Article 93 of the Labor Code of the Russian Federation).
what to indicate in the additional agreement, what should be the necessary wording in the agreement
You can use the sample in the attached file. I'm attaching it.
You also need to draw up an order for this employee: An order establishing a part-time work schedule.
I also attach a sample in an attached file.
I am attaching the attached file. In the additional agreement, insert the days and hours of work that the employee must have on a part-time basis.
You can take a sample order from the following link:
What documents will be required besides this?
If the employee has no objections, the transfer to part-time work is documented by drawing up and signing an additional agreement to the employment contract, as well as issuing an order to transfer the employee to a shortened working day.
Remuneration is calculated based on the salary established for the employee in proportion to the time worked (Part 3 of Article 93 of the Labor Code of the Russian Federation).
The goal is to show a low salary. Is it possible to somehow pay an employee less than the minimum wage? For example, 5tr instead of 14tr
Establishing a part-time working regime will allow you and, above all, your employee, to achieve your goal, since on the basis of Letter of the Federal Service for Labor and Employment of June 8, 2007 No. 1619-6.
when a part-time working regime is established, the amount of wages is reduced regardless of the remuneration system (official salary, tariff rate).
There will be no violations of labor laws in your situation.
- 8.3 rating
- 1008 expert reviews
Accountants write that it is possible if an employee is employed part-time.
Yes that's right. The minimum wage is set for full-time work. The parties may agree to shorten the working day or working week.
Question: what should be included in the additional agreement, what should be the necessary wording in the agreement, and what documents will be required in addition to it?
All that is required is an additional agreement. The text itself must indicate that the reduction in working hours occurred as a result of the closure of the store. The agreed rate (for example, 0.5%) and the new operating mode (for example, the number of hours per day or per week) are also indicated.
Federal Law dated 04/03/2020 N 106-FZ “On amendments to the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” and certain legislative acts of the Russian Federation regarding the specifics of changing the terms of a credit agreement, loan agreement"
what documents will be required in addition to it.
What part-time employment options are there?
Working time refers to the time during which an employee is obliged to perform his labor functions in accordance with the terms of the employment contract concluded with the employer.
Design nuances
Although working hours will be reduced, vacation will not be calculated based on actual
hours worked, but for a full week.
Working beyond the established schedule is overtime and is paid twice as much.
Not only the working day can be shortened (the schedule changes), but also the week, for example, an employee can work not 5 days a week, but 3 or 4.
Add. the agreement is drawn up on the basis of an application, and after its conclusion an order is issued.
Due to the fact that many citizens perceive issuing sick leave as a formality, the question often arises whether it is possible to issue sick leave retroactively. Are you an employee and want to resign of your own free will, or are you an employer who must dismiss an employee under this scheme? Then our material will be useful to you. If you violated sick leave, you will have to “answer” for it. Read more about the consequences here.
Video on the topic:
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
- via the form (below), or via online chat
- Call the hotline:
- Moscow and the Region
- St. Petersburg and region
- Regions
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
Form and content
Regarding the form and content of the additional agreement, the following features can be highlighted:
- Article 67 of the Labor Code of the Russian Federation regulates the rules for registration of both the main employment contract and an additional document;
- the agreement is concluded in two copies, which are signed by the parties and registered with the seal of the enterprise;
- the additional agreement contains a main section in which extracts from the main agreement are written and changes are indicated;
- in a separate paragraph it is necessary to indicate temporary factors - the period during which the changes made will be valid.
There is no approved form for drawing up the document. It is enough to compose the text in a businesslike manner and indicating all the main factors for further cooperation that were not previously specified in the main agreement.
