Question:
How to register a part-time employee? Do I need to add a position to the staff list, which indicates the full salary?
Why is the staffing table of the service not reflecting all positions with salaries? Do I need to enter them myself?
Answer:
As for personnel documents, the admission of an employee at a part-time work rate (0.5) at the main place of work does not differ in general, that is, the procedure for its registration is similar to the general procedure for registering employees: an employment contract is drawn up, an order for employment.
Difference: information about part-time work is entered into the terms of the employment contract, and is also recorded in the order for employment. To conclude an employment contract with an established part-time work regime, the service has a special form. We recommend using it as a template.
In the work book, the personal card of the employee, information about part-time work is not reflected.
When hiring for a part-time job, in the employment contract, order for employment, staffing and in the service, you must indicate the salary - the full rate.
In the employment contract, it is permissible to indicate two amounts at once, both the full salary and the amount corresponding to the size of the half-time salary.
In the service, in the employee's personal card, you need to indicate the work schedule of 0.5 rates for the line "Employee work schedule". Salary and taxes from it will be charged in proportion to the established rate of 0.5.
Regarding the staffing table, all positions and rates that are provided for in the organization must be entered into it.
If an employee works at 0.5 rates, in the staffing table in column 4 "number of staff units" you need to indicate 0.5. In column 5 "Tariff rate (salary), etc." The staffing table indicates the full salary (full rate), excluding the district coefficient.
When hiring a new employee, it is not necessary to redo the staffing table if it initially contains the positions (number of positions) of the required employees.
If you hire employees, but there are no corresponding positions in the staff list, then you need to either issue a new staff list or make a change to the old one.
Changes to the staffing table can be made at any time, when necessary. The employer determines the frequency and frequency of changes in the staffing table independently.
In the service, the staffing table is formed in general, in the form of a form. You need to enter all the data on salaries and rates yourself. I note that the staffing table should be kept in the organization in paper form, certified by the head of the organization.
The consent or disagreement of an employee to work part-time can, for example, be written in the notification itself. If an employee in these circumstances refuses to work part-time, he can only be dismissed in the manner prescribed by clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation (reduction in headcount or staff) (part 6 of article 74 of the Labor Code of the Russian Federation). In this case, he needs to pay severance pay and the average monthly salary for the period of employment (Article 178 of the Labor Code of the Russian Federation). Documentation The part-time work regime can be provided for in the employment contract or established by order of the head. In the latter case, if for an employee this regime differs from the general one in force in the organization, this fact must be reflected in the employment contract (Article 57 of the Labor Code of the Russian Federation).
How to accept an employee at 0.5 rate?
Question We have hired an employee for 0.5 rates. I wrote in the order that I was accepted for a position with a part-time regime. The accountant requires that it be written in the order: accepted at 0.5 rates.
How right? Answer Answer to the question: The Labor Code contains two concepts: the main place of work and part-time work. As we understood from your question, you want to hire an employee for the main job, but with part-time work. This mode of work is absolutely legal, since the organization can accept or transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.
Part-time work means part-time employment of an employee either during the week or during the working day (shift). For example, not five working days, but four or not eight hours a day (per shift), but six.
Employment at 0.5 rate at the main place of work
It can be noted that the employee works part-time in production or, if it is more convenient, part-time week.
- If full agreement is reached between the employer and the employee, then in this case it is possible to set him a part-time job not only at the time of signing the employment contract, but also if he has been working in production for some time.
Also, the employee has the opportunity to write an application for his transfer to part-time. And in some cases, the employer is obliged to satisfy the requirement of the employee by registering him for a part-time job:
- If the application is written by an employee who is expecting a child;
- If the application is written by an employee who has children under the age of fourteen. Also, a parent or guardian of a child with a disability can write such a statement.
Procedure for hiring part-time (part-time)
And it is very important in the text of the contract to accurately reflect the number of hours that the employee will have to spend on the shift. If an employment contract is concluded with an employee for full shifts, then working hours can not be prescribed, but only indicate the number of such full shifts per week or month in accordance with the schedule with half the working time. Also, in addition to clear hours of rest, there is another part of the schedule that must be prescribed without fail.
This is the period during which the employee can count on rest. In addition, it is necessary to separately stipulate such a clause of the labor agreement as the subject of the contract, in which it is necessary to describe the general functions that the employee will have to perform. This paragraph also indicates the duration of the probationary period and the place where the employee will work.
We are hiring part-time employees
Part-time work can be set in the form of: - part-time work - for example, six hours; - part-time working week - for example, with work for eight hours a day, three days a week; - mixed part-time work - for example, with work for four hours a day and three days a week. Any employee can be hired part-time if he agrees to this (Article 93 of the Labor Code of the Russian Federation). In the employment contract, it is necessary to prescribe that (Article 57 of the Labor Code of the Russian Federation): 1) the employee is set a part-time regime and indicate how long; 2) the remuneration of the employee is made in proportion to the hours worked (except when his work is paid piecework).
Mode of operation when employing an employee at 0.5 rate
If an employee has been working on a regular working day for some time, and it was decided to transfer him to a part-time shift, then this must be reflected in the documentation. This is done with the help of an additional agreement concluded between the employee and the employer. There it is necessary to indicate all the working conditions that have been changed as a result of such a decision, namely:
- New working hours for the employee;
- The period during which the employee will work part-time;
- Changes related to the terms of payment for work and job descriptions;
Info
If he has not reached the age of eighteen, then the employer must also transfer this employee to a part-time job;
- If the employee who wrote the application is currently caring for a sick relative. This application must be accompanied by a medical certificate confirming the fact of the disease.
All the reasons mentioned above make it mandatory for the employer to comply with the employee's request to renew the employment contract for part-time work. If he refuses to do this, then the worker has the right to apply first to a special commission, and if an agreement is not reached as a result of the labor dispute, then to the court.
It must be remembered that an employee who works part-time is subject to all the laws prescribed in the Labor Code of the Russian Federation. And they apply to the employee in full.
If an employee is accepted for 0 5 rates, this job is for him
Attention
This applies to both leave and other rights and privileges that are guaranteed to the employee by law. Employment contract when hiring part-time If the head of the enterprise needs to arrange a part-time job at the main place of work, an entry in the work book is carried out on a general basis, as well as any other full-fledged employment. A different procedure is provided for part-time employment, which in itself cannot imply full-time work.
When an employee is employed on a part-time basis, there are no restrictions on, for example, the duration of paid leave. The right to rest is still reserved for the employee, regardless of the fact that such a person works fewer hours than expected. Also, it is impossible to limit the employee in obtaining seniority, as stated in Art. 93 of the Labor Code of the Russian Federation.
At present, internal labor regulations or an employment contract may provide that a lunch break may not be provided to an employee, since the duration of daily work (shift) established for him does not exceed four hours. Rationale Part-time employment means that an employee works part-time and is paid in proportion to the hours worked. Part-time work is work time that is less than the standard working hours for the position (profession) in your institution.
Code Form according to OKUD 0301001 "Alpha" according to OKPO 00000000 (name of organization) Document number Date of compilation ORDER 4-k 01/14/2014 (instruction) on hiring an employee Date Employ from 01/14/2014 to - Personnel number Ivanova Elena Vasilievna 18 (last name, name, patronymic) administrative department (structural subdivision) secretary (position (specialty, profession), rank, class (category) of qualification) main job, permanent, part-time work: working days from Monday to Friday, starting from 09 hours, end of work 13 hours 30 minutes, break for rest and meals from 12 hours to 12 hours 30 minutes, remuneration in proportion to the time worked (0.5 rate) (conditions for employment, nature of work) with a tariff rate (salary) of 15,000 rub. 00 kop. (in figures) surcharge - rub. - cop.
From June 29, 2017, employers can leave without lunch those who work no more than 4 hours a day (Article 108, "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on June 18, 2017) (ConsultantPlus) ) This possibility must be fixed in employment contracts or PWTR. Thus, the internal labor regulations or the employment contract may provide that the employee is not provided with a lunch break, since the duration of daily work (shift) established for him does not exceed four hours. Please note that a part-time employee is entitled to the same benefits and guarantees as an employee with normal working hours, including holidays, sick leave, maternity, child care, etc.
(Article 93 of the Labor Code of the Russian Federation, Letter of Rostrud dated 04/01/2015 N PG / 23357-6-1).
To do this, conclude an additional agreement with the employee to the employment contract on changing the working hours (Article 72 of the Labor Code of the Russian Federation). In addition, it may be necessary to make changes to the internal documents of the organization (for example, to the annex to the collective agreement), if they contain a list of employees for whom part-time work is in effect. Compensation An employee who has a part-time job works less than the rest. His work is paid in proportion to the established time (or depending on the output). At the same time, the duration of the annual paid leave is not reduced, the procedure for calculating the length of service does not change, and other rights of the employee are not limited. This procedure is established by Article 93 of the Labor Code of the Russian Federation. Situation: Whether it is necessary to establish a break for the employee to rest and eat.
How to accept an employee at 0.5 rate?
Code Form according to OKUD 0301001 "Alpha" according to OKPO 00000000 (name of organization) Document number Date of compilation ORDER 4-k 01/14/2014 (instruction) on hiring an employee Date Employ from 01/14/2014 to - Personnel number Ivanova Elena Vasilievna 18 (last name, name, patronymic) administrative department (structural subdivision) secretary (position (specialty, profession), rank, class (category) of qualification) main job, permanent, part-time work: working days from Monday to Friday, starting from 09 hours, end of work 13 hours 30 minutes, break for rest and meals from 12 hours to 12 hours 30 minutes, remuneration in proportion to the time worked (0.5 rate) (conditions for employment, nature of work) with a tariff rate (salary) of 15,000 rub. 00 kop. (in figures) surcharge - rub. - cop.
Registration of an order for employment at 0.5 rates
Therefore, the employment contract must necessarily state that the employee is registered for part-time work (at 0.5 rates) - a sample employment contract for part-time employment. An employee can be hired for a limited period, this moment must be reflected in the order - a sample order for admission under a fixed-term employment contract. Until 2013, all admission orders were filled out exclusively on the unified T-1 form.
Since 2013, the legislation has provided for the possibility of organizations and enterprises to develop their own forms of such documents on personnel. The main feature when issuing a part-time order is filling out a section in which the conditions for admission (rate) and a specific mode of operation (character) are prescribed. Here you need to specify that the employee is registered for a part-time job (not for 0.5 rates or 0.25 rates, but part-time).
Application for a part-time job
The employee works part-time Yes, it is necessary. Part-time work does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights (part 3 of article 93 of the Labor Code of the Russian Federation). One of these rights is the employee's right to a break for rest and meals.
The time for providing a break for rest and food and its specific duration are established by the Labor Regulations or by agreement between the employee and the employer. Moreover, the duration of such a break (which is not included in working hours) should be no more than two hours and no less than 30 minutes. This is stated in article 108 of the Labor Code of the Russian Federation.
Procedure for hiring part-time (part-time)
Accounting. Taxes. Audit Log in Registration Subscribe to news – Salary and personnel Discussing: Durov called the consequences of blocking Telegram in Russia / 205 The ruble entered a period of strong fluctuations 2/ 2312 Hello! The employee took to the main place of work for 0.5 rates - 5000 rubles (the full rate is 10,000 rubles according to the staffing table) Please tell me in the order for employment what amount should be indicated in the line "tariff rate (salary)" 5000 or 10,000 and where is the line "conditions of employment" to write the main place of work at 0.5 rates? Corrections: 1; the last one was on 12/19/2012, 20:38. Second.
Do I need to indicate 0 5 rates in the order for employment
Moscow 03/31/2010 In accordance with Article 93 of the Labor Code of the Russian Federation, I ORDER: 1. Install the Chief Accountant A.S. Gleb mode of part-time working week from 04/01/2010: - the beginning of the working week - Monday; - the end of the working week - Thursday. Opening hours: - start of work - 9.00; - end of work - 18.00; - break for meals and rest - 13.00-14.00.
2. Accountants wages A.S. Glebovoy to produce in proportion to the hours worked (0.8 rates). Reason: statement by A.S. Glebovoy from 31.03.2010. Director A.V. Lvov ... The unified form No. T-1 was approved by the Decree of the State Statistics Committee of Russia on January 5, 2004.
Attention
Question We have hired an employee for 0.5 rates. I wrote in the order that I was accepted for a position with a part-time regime. The accountant requires that it be written in the order: accepted at 0.5 rates.
How right? Answer Answer to the question: The Labor Code contains two concepts: the main place of work and part-time work. As we understood from your question, you want to hire an employee for the main job, but with part-time work. This mode of work is absolutely legal, since the organization can accept or transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.
Part-time work means part-time employment of an employee either during the week or during the working day (shift). For example, not five working days, but four or not eight hours a day (per shift), but six.
How to indicate 0 5 rates in the order for employment
Important
This means that the employment contract should indicate the salary in the amount that is paid when working out the entire norm of working time established for this category of employees (Article 57 of the Labor Code of the Russian Federation). Employees with part-time work do not work out a monthly rate, therefore they are paid only a part of the salary established in the employment contract for the month. This part is determined in proportion to the hours worked or depending on the amount of work performed.
This is stated in part 2 of article 93 of the Labor Code of the Russian Federation and explained in the letter of Rostrud dated June 8, 2007 No. 1619-6. Thus, for an employee working part-time, the salary in the employment contract is reflected in full, and paid in part upon actual working.
A part-time job is understood as the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job (part 1 of article 282 of the Labor Code of the Russian Federation). When working part-time, the length of working time is legally limited. As a general rule, it should not exceed half the monthly norm of working time (norm of working time for another accounting period) established for the corresponding category of workers (part 1 of article 284 of the Labor Code of the Russian Federation).
According to part 2 of Art. 57 of the Labor Code of the Russian Federation, the condition on remuneration, including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances, incentive payments and the condition on the working hours, if for this employee it differs from the general rules applicable to the employer, it is mandatory included in the employment contract.
Remuneration for the labor of persons working part-time can be made (part 1 of article 285 of the Labor Code of the Russian Federation):
- in proportion to hours worked;
- depending on production;
- on other conditions determined by the employment contract.
In the situation under consideration, the parties chose the first option of remuneration of the part-time worker.
Please note that when filling out the staffing table, the number of staff units for the relevant positions (professions), which provide for the maintenance of an incomplete staff unit, taking into account the characteristics of part-time work, is indicated in the appropriate shares, for example 0.25; 0.5; 0.75 and so on. However, the salary amount is indicated for a full-time position, because the staffing table determines only the salary for the corresponding position, and not the salary of a particular employee.
Salary is a fixed amount of remuneration for the performance of labor duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (part 4 of article 129 of the Labor Code of the Russian Federation). In other words, the salary is paid to the employee for the fulfillment of the monthly norm of working time.
Therefore, if the position provides for a salary of 10,000 rubles, and the employee is accepted at “0.5 rates”, i.e. his working time is half the norm, which means that the salary of a part-time worker is 5,000 rubles. (10,000 rubles / 2). It is this value that is fixed in the employment contract, which fully complies with the requirement of Part 1 of Art. 132 of the Labor Code of the Russian Federation. If, in the employment contract of a part-time worker, which is accepted at 0.5 rates, the salary is determined at 10,000 rubles, then it turns out that the parties agreed on exactly this amount of remuneration for the worked calendar month.
Note that in the employment contract it is necessary to fix other conditions listed in Art. 57 of the Labor Code of the Russian Federation and subject to mandatory inclusion in the employment contract. However, the condition of the employment contract that the size of the official salary is a certain amount before the payment of personal income tax (PIT) does not apply to those. At the same time, these additional conditions of the employment contract themselves do not contradict the current legislation (see, for example, the appeal ruling of the Investigative Committee for civil cases of the Moscow City Court of May 16, 2012 No. 11-5036 / 2012, the ruling of the IC for civil cases of the Moscow City Court dated January 18, 2012 in case No. 33-1205, cassation ruling of the St. Petersburg City Court dated October 20, 2011 No. 33-15808 / 2011, appeal ruling of the IC in civil cases of the Supreme Court of the Republic of Karelia dated November 5, 2013 in case No. 33-3581 / 2013).
Thus, when in the organization's staffing table the number of staff units for a certain position is 0.5, and the salary according to the staffing table is 10,000 rubles, then, in our opinion, when hiring an employee on a part-time job in this situation, the terms of payment labor in an employment contract may be as follows: “The remuneration of an employee consists of an official salary in the amount of 5,000 rubles. per month before withholding personal income tax in the amount and in the manner prescribed by applicable law.
In the employment contract of a part-time worker, the parties have the right to indicate the amount of salary for the full time - 10,000 rubles. before withholding personal income tax, however, with the proviso that the remuneration of the employee is made in proportion to the time worked by him.
In the section on the question What does it mean to get a 0.5 rate? given by the author Yulia Peryakina the best answer is Correctly you understand. Working at 0.5 rate is part-time work. Labor is paid in proportion to the time worked, respectively, and all contributions to the insurance funds of the FSS, FFOMS, TFOMS and PFR will be made from your earnings at the expense of the employer. Only 13% income tax is withheld from your salary.
For your information, according to Art. 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Answer from Lyubov Sukhorukova[active]
If the working day is 8 hours. Then at 0.5 rates a working day is 4 hours. And deductions to the tax 13% of the salary. as an everywhere.
Answer from Loratus[guru]
Part-time work is usually a part-time job. That is, you do not work full time, and you receive a salary less than that provided by a full-time job. Taxes are based on the amount you actually receive.
Answer from AT[guru]
I managed to work a month for 10 hours a day for 0.5 rates. Do good to the employer, and he will shit on his head. He didn't pay a dime more than his official salary.
Answer from Victoria[newbie]
deductions will be exactly from 0.5 rates + from the official salary
Answer from Џna Dishun[active]
Yes. You understood everything correctly.
Answer from Yoer Bamboo[guru]
You work half the day and still pay taxes
Answer from impression[guru]
Half a liter will pay))
