Fixed-term, part-time employment contract. Employment contract with an employee hired on a part-time basis

There are many opportunities for a stable income. You can spend all day in the office, or you can choose to work part-time. This type of part-time job is especially relevant for students who combine work with study.

Firstly, the document must take into account working hours, as well as production time. Secondly, it is important to specify the payment process. In some cases, employers prefer to pay such employees at the end of the day or at the end of the week.
Whether a contact signs up for a reduced schedule may depend on the employee. To do this, he needs to write to his superiors asking for a transfer to fewer hours.

Such a schedule would be ideal for citizens such as:

• pregnant woman;
• guardian or parents whose child is under 14 years of age;
• a person caring for incapacitated relatives;
• a person with a disability.

Happen various situations in life, when an employee finds himself in such conditions quite unexpectedly. That is why he can request a transfer (it is important that such a possibility is provided for in the employment contract, for example, for a seller; details).

Additionally, a pregnant employee can't really help much, especially when working full hours. In this case, employers themselves may offer to reduce hours while maintaining salary.

How to draw up an employment contract for part-time work?

A properly drafted document for part-time workers will be beneficial for both parties. With such work, of course, there is a corresponding salary, as well as many nuances that are recommended to be taken into account.

Employers often think about how to correctly draw up a document. The law of the Russian Federation took into account all the nuances, describing the process of drawing up an agreement in the Labor Code, Article 65. Working hours directly depend on those specified in the document.

Therefore, the schedule is drawn up depending on:

• manager;
• employee;
• work.

Special salary payments are beneficial for employers, since the employee may well perform the same amount of work as permanent employees. Sometimes the daily routine depends on the job, such as a bartender in a bar with set hours.

As a result, the rules for drawing up such documents can be studied by referring to the Code of the Russian Federation.

How to specify part-time work in an employment contract?

The work book, like the passport of each employee, does not take into account the number of hours worked. Records can only contain information about the position, company and reasons for dismissal with dates.

The document for part-time working hours must include information about how many hours the employee must work in one day. For example, 6 days a week are indicated, from 12:00 to 16:00. It is at this time that the employee must arrive at the place of work, complete the entire daily workload and leave work no earlier than 4 pm.

In this case, additional rules are established that track the time of arrival and departure. The employer also indicates required amount hours per week. This usually depends on the work schedule of the organization itself.

How to indicate salary in an employment contract for part-time work?

The contract must contain the salary amount. And also a method: calculation in accounting, translation to bank card and so on.

However, there is a nuance here. The salary must be indicated according to the position. In other words, if a full-time employee receives 20,000 rubles, then a part-time employee should see exactly the same amount in the document.

At the same time, the terms of the additional agreement are additionally stated, where it is indicated that cash are paid exactly half of the full salary. That is, a part-time employee will receive 10,000 rubles.

Additional agreement to the employment contract on part-time work

Additional agreements are regulated by Article 72 of the Civil Code of the Russian Federation. The obligations and rights of all parties entering into a contract are documented in writing and certified by signatures. There are no rules for drawing up such additions to a document.

Agreements almost always accompany the contract if changes need to be made. Such a change would be a request to transfer the employee from full-time to part-time. It is necessary to specify the hours of work, as well as specify the salary.

Sample employment contract for part-time work

The employment contract must be drawn up in accordance with the rules of the Labor Code of the Russian Federation.

An example sample from 2018 can be downloaded here:

Example of a part-time employment contract

Sample employment contract must contain the following information:

• the time period for which the contract is concluded;
• reasons for drawing up such an agreement (pregnancy, disability, etc.);
• amount of wages.

Drawed up in two copies, certified by personal signatures.

Employment contract with part-time employee template

The template is in writing and must contain the following information:

• information about the employer and employee;
• duties of the parties;
• salary;
• liability incurred by the parties as a result of breach of contract;
• details of the parties;
• personal signature.

The use of an employment contract today is strictly mandatory. This moment is established and determined by a special normative document– Labor Code of the Russian Federation.

According to the law, the working day of each employee must be strictly regulated. Otherwise, problems will arise with the labor inspectorate.

Today there are quite a lot of different regulatory bodies that deal with the issue of violation of the rights of ordinary workers.

Since initially the employer is placed in more profitable terms relatively ordinary employees. Provisions Labor Code The Russian Federation is leveling out this imbalance.

Separately, it is worth noting the peculiarities of drawing up an employment contract for 0.5 wages, part-time. There is a special regime for cooperation, as well as dismissal of such an employee.

Important information

The relationship between the employee and simple employer Today they are regulated by special legislative documents.

According to these, it is necessary to draw up an agreement within the framework of which interaction is carried out.

It establishes a list of the employee’s responsibilities, as well as his rights. There is a responsibility of the parties, it is regulated by federal legislative documents.

It is very important to work through all the main points directly related to the design labor agreement. This document must be drawn up within the framework of the special Labor Code of the Russian Federation.

Because otherwise the employment agreement will be declared invalid or partially invalid. The employee has the right to protect his rights in court.

Basic Concepts

To understand the format of the agreement, you will need to familiarize yourself with the legal norms.

But to correctly interpret all the information presented, you will need to become familiar with some important concepts and terms.

The main ones include the following:

• worker;
• employer;
• contract of employment;
• part-time;
• part-time job

Under the worker	Understood individual, which performs certain duties for a certain fee. It is important to note that such activities must in no way violate applicable law. Otherwise the agreement is invalid
Employer	A legal entity or individual entrepreneur performing the function of a tax agent and paying wages to an ordinary employee
Contract of employment	A special document defining the main points of cooperation between employee and employer. An employment contract is formed within the framework of the Labor Code of the Russian Federation and has a certain form. But there is no rigidly established format. At the same time, it must contain some mandatory sections
Part-time	This means a working mode in which the employee must be at the workplace for no more than 4 hours. Another operating mode can also be used. In each case everything is purely individual
Part-time job	Working mode, according to which employment is carried out in two positions at once in the same organization

Existing work schedules

In general, it is possible to identify the following main work schedules that take place:

• full-time, five-day work week;
• part-time job;
• half bet;
• removable, shift method work.

With a full-time job, there is usually a five-day week, when work is carried out from Monday to Friday.

Moreover, the working day is only 8 hours. There is 1 lunch break. Part-time work does not have a strictly established schedule.

Half bet – standard mode work, but it is understood that the working day is no more than 4 hours.

Shift, shift work method - special time arrangement. When an employee within long period time spent at one workplace.

The legislative framework

All the main points regarding the use of an employment contract are reflected directly in the Labor Code of the Russian Federation.

Exists standard set articles that reflect the concept of working time. It is worth familiarizing yourself with all the nuances and subtleties first of all.

The main articles, the contents of which should be taken into account first of all, include:

Sample of filling out an employment contract for part-time work

It is also important to note that there is a wide range of different difficult moments related to design. It is worth paying special attention to these.

Generally accepted procedure

The standard procedure involves the provision of documents:

• document allowing identification;
• citizen's work book;
• pension insurance certificate;
• military ID - for persons of military age;
• diploma, document confirming education;

Emerging nuances

Today, part-time work refers to an employment format in which the working hours are shorter than usual for a particular employer.

It should also be remembered that such an employment contract must be concluded in mandatory for certain categories of workers.

Their list is reflected in the current legislation - in Article No. 92 of the Labor Code of the Russian Federation. At the same time, a part-time worker can be not only a day, but also a shift, a week.

But it is important to remember that the issue regarding certain working hours must be outlined in the employment agreement itself.

At the request of the following employees, the employer is obliged to establish part-time work:

• pregnant women;
• one of the parents, if under his or her care there is a child under 14 years of age (or a disabled child under 18 years of age);
• if the employee is caring for a sick family member for medical reasons.

Part-time employment is carried out by prior agreement, or in some cases changes are made to the contract after employment.

Contracts of this type have the following main features:

• remuneration is always made in accordance with the time already worked;
• no restrictions are imposed on the duration of annual leave;
• length of service is calculated in a standard way - no recalculation is made for the duration of work duties;
• It is not necessary to indicate exactly how many hours a day you need to work.

Otherwise, the half-time employment contract is completely standard and is subject to labor legislation.

Video: employment contract between individual entrepreneur and employee

As much as possible, all questions related to the preparation of this document, are reflected in the current edition of the Labor Code of the Russian Federation.

Example agreement

A sample part-time employment contract with a salesperson includes the following required sections:

• conditions determining the nature of the work;
• social insurance;
• mandatory conditions;
• details of the parties.

If with a cleaning lady

Concluding an employment contract with a cleaner implies not only responsibilities, but also a certain amount of work.

It is worth working out this point in the employment agreement, but not in violation of its basic principles. Otherwise there may be certain problems, difficulties.

At the same time

It is allowed to work on a part-time basis. But at the same time, you should remember some features of the part-time agreement.

The most significant include the following:

• part-time work cannot last more than 4 hours during one working day;
• leave is granted simultaneously at two places of work;
• To conclude a part-time employment agreement, you will need to provide a standard set of documents;
• the list of persons who have the opportunity to conclude this type of employment agreement is limited.

If possible, you should familiarize yourself with a correctly drawn up sample part-time work agreement in advance.

You can find an example on the Internet. Any difficulties most likely will not arise.

However, you should definitely carefully understand all the main nuances directly related to the generation of documentation.

This is especially true for persons who have the right to enter into this type of agreement.

Violation of legal norms will lead to the imposition of fines on the employer, including deprivation of the right to engage in certain activities.

Do I need to pay overtime?

The issue of overtime payment is addressed in legislation - in Article No. 152 of the Labor Code of the Russian Federation. According to this NAP, payment must be made for every hour worked.

In the amount of standard payment, but multiplied by a coefficient of 1.5. It is important to remember that the employee is not required to work such hours. Only voluntarily.

There is a certain list of nuances associated with the execution of an employment agreement.

This will prevent many problematic situations. And also protect your rights from an unscrupulous employer of workers.

Not all employees have to work full time. This is usually due to simultaneous work in several places.

In any case, such an employee will not be paid a full salary. Therefore, a part-time employment agreement is concluded with him.

In order to be able to sign this type of agreement with an employee, it is important to have the corresponding entries in the regulatory documentation.

Main aspects

All rules that provide for part-time work are specified in the concluded employment agreement between the parties.

The following beneficiaries have the right to part-time work:

• pregnant women;
• the only parent of a child under 14 years of age;
• an employee who cares for relatives.

Part-time work can only be provided with the presence of identification documents.

They must be completed correctly and prove the reason for the application. A written application must be submitted no later than next day for the spent one.

Important Concepts

Before drawing up an employment agreement, you need to familiarize yourself with the basic concepts in this area.

Existing work schedules

The work schedule in the organization is determined based on needs. In this case, it is possible to change the work schedule if the assigned conditions are followed.

These include following work standards and notifying employees in advance. So work schedules are divided into:

• single-shift;
• unstandardized;
• flexible;
• replaceable;
• fragmented.

The legislative framework

Art. 93 of the Labor Code of Russia provides that certain categories of citizens have the right to conclude an employment agreement at 0.5 rates and the employer cannot refuse them.

At the same time, it is possible to register employees according to this schedule not only for the categories described above, but also for any other employee with whom the employer is ready to work under these conditions. This can be not only 0.5 bets, but also 0.25.

What does a sample employment contract with a part-time employee look like in 2019?

The part-time employment agreement form includes the following items:

• number and date of signing the agreement;
• information about the parties signing the agreement;
• start date of work, period of validity of the agreement;
• salary amount, depending on the number of hours worked;
• schedule. This agreement specifies a 20-hour work week;
• right to annual leave;
• it is possible not only to define a part-time with a flexible schedule, but also a part-time work week;
• liability of the parties;
• signatures of participants.

The document also needs to specify the reasons for establishing such a schedule, and for what period it is assigned.

For example, in the situation of pregnant employees, this daily routine may be provided before the birth.

This point depends on whether the employment agreement is concluded with the employee for an indefinite period or a fixed-term one.

In a situation with an open-ended agreement, it is still possible to limit the period within a certain framework in which the employee will work according to such a schedule.

Video: grounds for termination of an employment contract

It should be noted that a correctly drawn up employment agreement will guarantee the absence of fines for management.

Sometimes management itself takes this decision– transfer the employee to part-time status to reduce damage.

Generally accepted procedure

The work schedule is drawn up depending on:

• manager;
• employee;
• work.

Special wage payments are beneficial for employers because the employee can perform the same amount of work as permanent employees.

Sometimes the daily routine depends on the job, for example, a bartender with certain working hours.

The work book, like the passport of each employee, does not take into account the number of hours worked. Entries can only be about the position, organization and reasons for dismissal with dates.

In most organizations, the HR department is responsible for negotiating agreements with employees. They should know how to write part-time pay in an employment contract.

Data about part-time work is entered in the section with the writing of the work order. The part-time document must contain data on how many hours the employee must work in one day.

For example, it is prescribed 6 days a week from 12 to 16 hours. It is during this period that the employee must come to work, perform all duties and leave work no earlier than 16:00.

For example, an agreement between the employer and the seller may be concluded. In this situation, additional rules are defined that track the period of arrival and departure.

The employer also prescribes the required number of hours per week. It depends on the work schedule of the company itself.

The agreement must specify the amount of wages. And also the method of payment - receipt in the accounting department, transfer to a bank card, etc.

But there is one feature here - the salary must be indicated according to the position held.

What nuances might there be?

When a part-time employment contract is drawn up, the sample does not have any special nuances.

It is drawn up in free form with the basic information of employees written and a request to transfer them to this working day from a certain date.

However, you should not specify unnecessary data. It is best to discuss these nuances in additional information. agreement or internal work rules for such employees.

It is also necessary to separately note the fact that in this case the employer does not need to enter changes into the employee’s work book or his personal card.

In this case, it is necessary to re-conclude an employment agreement, which will reflect the number of hours that the employee must work.

Also, if for some reason the list of employee responsibilities has changed, then they must be indicated in job description, which the employee must re-sign.

Submit additional A part-time agreement is possible in situations where the manager and employee agree with this transfer. This opportunity regulates Art. 72 of the Labor Code of Russia.

Signing additional The contract gives the right to a part-time slave. day or week. Without his presence, working on a reduced basis, the accounting department has no reason to charge increased wages, which are provided for fewer days worked.

Add. the agreement is similar to the main one, therefore it is drawn up in accordance with the rules for drawing up a standard agreement.

The exception is a note on the contract that it is additional.

If with the director

There are special rules for registration.

The decision to transfer a director to a part-time position can only be made by the body that, on behalf of the founders, concludes with the general director. director employment agreement.

For example, this could be the board of directors. But it is necessary to remember that it is possible to reduce the salaries of employees only in a situation if there are legal grounds for this.

Rules for concluding an employment agreement with the general. directors of the organization are appointed by the company's charter.

This is how the charter specifies the nature of the work - permanently - in such a situation an open-ended employment agreement is concluded.

Temporary - in such a situation, a fixed-term employment agreement is most often concluded for a year. If after the end of this time a decision is made to extend the powers of the manager, then this decision is formalized in a protocol or decision.

Fixed-term type of agreement

You need to know that the corresponding contract is drawn up similarly to a regular employment agreement.

At the same time, its content contains data on the beginning and end of its work. It can be issued for any number of days, months or years.

Moreover, you can register for part-time work. IN in this case the content of the fixed-term agreement must contain information regarding the duration of the work.

The Labor Code of the Russian Federation contains provisions that make it possible to get a part-time job. In certain cases, the employer cannot refuse the employee this desire.

At the same time

Similar to a regular employment agreement. The main nuance is to write that it is signed with a part-time employee.

It is not necessary to state that the work is done part-time, because the agreement already provides for this feature, based on the name.

Payment is made on the basis of time worked, regardless of the fact that the amount for the full rate is stated in the document.

Drawing up a part-time employment agreement is enough complex issue for the HR department.

However, there is nothing critical about this. Such an agreement is drawn up similarly to a regular contract and has a free form. However, this agreement specifies the number of working hours and days per week.

In some cases, an additional agreement may be drawn up to the main agreement, which clarifies all the details of the main document.

A part-time employment contract is a written agreement between an employer and an employee, according to which the employee will work only half of the required working time. The contract also sets out the work schedule of such an employee. We’ll tell you how to arrange everything in order to prevent violations of labor laws.

In accordance with Article 93 of the Labor Code, a newly hired or existing employee can agree with the manager on part-time work. In this case, they enter into a part-time employment contract. The document indicates the mode of alternation of work and rest:

• week after week;
• going out for several days a week (in a row or at intervals); Article 93 of the Labor Code
• part-time work (before or after lunch);
• other options.

For certain categories of persons listed in Article 93, such working hours are established upon personal application. And the manager has no right to refuse them. In other cases, everything depends on the opinion of the employer.

What is bet and half bet

There is no concept of “part-time” in Russian labor legislation. The term " tariff rate» applies when wages are differentiated depending on the category of employees. In other cases the term “ official salary" But both of them concern precisely cash payments, and not the time spent on work.

And the word “part-time” is popularly used to mean half the normal working time, that is, ½ of 40 hours. NPR is established Article 91 of the Labor Code of the Russian Federation.

A person accepted under these conditions will be at the workplace (depending on the selected mode):

• not 8 hours a day, but 4;
• not 6 days a week, but 3;
• not 4 weeks a month, but 2.

However, in the field of education, the word “rate” refers specifically to the number of hours. The teacher works at a rate of 18 hours per week or 720 hours per year and receives a certain salary under these conditions.

How to write it in an employment contract

Sometimes employers do not stipulate that the employee is only employed half the time. However, this is considered a violation, as is the case when someone working 40 hours a week is registered as part-time. After all, the amounts of personal income tax and contributions to extra-budgetary funds are determined on the basis of an agreement.

If a part-time day is not specified in it, then the employer must make contributions in full. Otherwise, he will be fined during an on-site inspection, when the tax inspector gets acquainted with the orders.

Therefore, the paragraph regarding the work and rest regime must certainly reflect the following nuances:

• establishing part-time work;
• specific operating mode (hours or days per week, hours per day);
• break time.

Similar information is reflected in the order.

What do you need to transfer to a part-time position?

If an employee worked full-time and then needed to be transferred to part-time work (for example, due to pregnancy or caring for a relative), 2 documents will be needed.

First, this is the employee's statement. It must justify the reason for changing the operating mode. A supporting document (for example, a certificate from antenatal clinic or medical report).

Secondly, this additional agreement to the employment contract. In it, the point regarding the work and rest regime is set out in a new edition.

All the rules that dictate part-time work are specified in the concluded employment contract between the parties.

Beneficiaries can take advantage of the right to part-time work, such as:

• pregnant women;
• the only parent of a child under 14 years of age;
• worker caring for relatives.

Part-time work can only be provided with supporting documents. They must be filled out correctly and prove the reason for such a statement. A written application is submitted no later than the next day after work.

Part-time work may be provided by agreement of the parties or a written statement from any citizen, even those not related to preferential category. Such work is prescribed in the concluded legal document in the “Work and rest mode” section.

The HR department must forward the data and indicate exact time, according to which you are now obliged to work. If he does not do this, then you may be held accountable for fictitious absenteeism and you have the right to be fired. The easiest way is to indicate at what time the employee is required to begin work duties and for what time.

But despite the new schedule, all these innovations should not affect the calculation of length of service, vacation and other additional incentives. In addition, such employees have the right to leave an hour earlier at pre-holiday days just like ordinary workers. This is regulated by Article 95 of the Labor Code of the Russian Federation.

Options

An employment contract with irregular working hours is concluded between the employee and the employer.

It regulates all relationships between them and talks about the responsibilities and rights of each party.

Irregular working hours have several varieties, without knowledge of which, many workers do not dare to go part-time.

1. During the five-day period daily worker works for 4 hours.
2. With a four-day week, he works 5 hours a day. In this case, Friday is considered a day off.
3. Together part time and week.

(employment contract for part-time work)

The employer has the right to establish such a schedule both upon hiring and after hours worked. This type of work does not limit citizens' rights and is paid based on production standards or for hours worked.

Sample part-time employment contract (additional agreement):

Decor

How to draw up an employment contract for part-time work (0.5 rate)?

Drawing up a part-time employment contract is a rather complex issue for the HR department. But in fact, there is nothing so critical about this.

The same, only new, employment contract is drawn up, where must be specified:

1. Place of work. The actual place of work is indicated. This could simply be the name of the company with legal form or name + site to which the employee is hired.
2. Labor functions All are indicated, and it is on the basis of them that the employee performs the work. All other tasks that the employer assigns can be performed by the employee on a voluntary basis.
3. Start date is entered upon the person’s first return to work. In fact, the time can be rescheduled due to the employee's wishes and circumstances.
4. Salary is stated at the payment point and cannot be less established by law Minimum wage. A tariff rate may be indicated. Payment is calculated based on the actual time worked and this factor is also indicated here.
5. Working hours and holidays. The working hours are specified: from what hour until which, is there any possibility of annual leave.
6. calculated based on the wishes of the employer. Usually, probation not indicated for part-time work.
7. Guarantees, which must be provided in case of violations. The right to receive social and tax deductions is also indicated.

List of required documents for employment

Part-time work - it can be like extra work, and the main one.

This allows many employers to reduce costs and save on labor.

In order to properly register a part-time employee, you need to know all the nuances of this.

Necessarily need to draw up a new contract, if the employee works full time.

The new employment contract must include: hours of work and amount of payment.

The reception of a citizen must be carried out in accordance with all the norms of labor legislation in force in the country.

What the employee must provide:

1. Statement. This is the primary document that a person must fill out when receiving or transferring to another type working week. On the basis of this document, other manipulations are carried out and it is this document that is considered a legally binding document. conflict situation sides Corrections are not allowed in it, and if they are allowed, the document is rewritten. The desire to transfer by half the bet should be stated here.
2. Passport.
3. Employment history.
4. SNILS.
5. Certificate from your last place of work.

If this new employee , He must bring all documents, and write the application on the spot. If this existing employee , then it provides just a statement.

To register an employee, the HR department will need:

1. Reception order. It is drawn up after the employee’s application has been accepted. It must indicate the employee’s payment, or more precisely, its amount for the time actually worked and the number of days.
2. Employment contract. It specifies the amount that a citizen is required to work. But these time frames should not exceed half the time of the main employee.
3. Personal card.
4. Registration in the labor record is made on a general basis.

There are several distinctive features here:

• Part-time work work time May be different types, But payment is based on actual time worked;
• legislation It is not prohibited to work in several places part-time;
• the employment contract is reissued and pay and new hours are specified in it. As a rule, working hours do not exceed 20 hours per week, but monetary remuneration is 50% of the regular salary;
• guarantees - all employees, part-time workers have the same rights to social and tax contributions. They also have the right to take paid sick leave and vacation at the established times;
• legal time frame (that is, after six months worked;
• possibility of registration of maternity leave and other citizens who, by virtue of different circumstances cannot work full time.

Dismissal and termination of contract

Termination follows the same rules as for full-time work.

If you reach an agreement with your employer, you have the right not to work the legally prescribed time.

It is also necessary to remember that there are some situations in which you can leave quietly without working out: studying at an institute, illness of you or your relatives, moving to another city. In these cases, you must be released without any problems.

The law stipulates that when writing a letter of resignation at will, the employee must work for two weeks.

The countdown of the period begins after the employer receives this application. On the last day worked, the employer is required to make an entry in work book and fully pay the employee.

remember, that the employer bears full responsibility for violation of any clause in the employment contract, as well as the legislation of the Russian Federation.

If he allows this, contact labor inspection, and having identified such an offense, you will be paid in full your wages and the situation will be corrected.