What is the difference between a 0.5 rate and part-time work?

What is part-time

The law does not define “part-time”, but only “part-time” (Article 93 of the Labor Code of the Russian Federation). This is an established term for schedule and salary: an employee works less and receives half the pay of the whole rate.

Part-time work is a situation when an employee works less than 40 hours a week (Article 93 of the Labor Code of the Russian Federation). Working hours can be cut in different ways, then you get:

• part time,
• part shift,
• less than a week
• dividing the working day into parts.

The employer himself monitors the hours worked and records them in the time sheet. Salaries are calculated according to the time sheet.

Methods of administration

Part-time working hours may provide (in accordance with by-laws and law enforcement practice):

• reducing the day shift by several hours on all days of the work week;
• reduction of working days while maintaining normal working hours;
• reducing the number of working hours per day and the number of working days per week at the same time.

In addition, flexible working hours may be introduced under Art. 102 of the Labor Code of the Russian Federation, when the beginning, end and duration of the working day are determined by the parties.

For what reasons can you dismiss an employee without his consent under the Labor Code of the Russian Federation in 2020-2021?

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

You can hire an employee on a part-time basis at his request, by agreement of the parties, or by order of the organization. You cannot simply change the rate - to do this, use an agreement in form No. T-1 or another that is approved by the company. Indicate how the employee was hired - for the main position or part-time, and then fill out the working hours conditions:

• length of the working week;
• start and end times of work;
• break provided for lunch;
• other types of rest breaks;
• number of working days and days off in a week.

Then include in the contract the terms of remuneration and the rules for calculating it. Indicate the full salary or tariff rate based on the staffing table per employee.

If the need for transfer arose after hiring, then enter into an additional agreement to the employment contract.

Payment methods, procedure and calculation formula

To learn how to correctly calculate the amount of payments, you need to clearly understand how a certain type of salary is calculated.

In addition, the salary can be divided into:

Main:

• salary or piece income;
• bonuses for a job well done;
• other surcharges.

Additional:

• payment for required vacation and sick leave in case of incapacity for work;
• reimbursement of expenses incurred in connection with travel, accommodation and meals (for example, during business trips);
• bonus payments that are not part of the main employment agreement.

The established calculation formulas are applied depending on the forms of remuneration:

1. For piecework wages, the following calculation is used: Salary = cost of production specified in the contract * volume of products produced for the period + accrued bonuses + other additional payments – income tax – other deductions.
2. Time-based payment is calculated using the formula: Salary = salary amount / total number of working days * number of days actually worked + bonus amount - personal income tax - withheld amounts . Read also the article: → “Calculating salaries for employees (piecework, temporary payment, calculation example).”

The above formulas are relevant when the employment contract states that the terms of employment are part-time and the employee has worked the required hours.

Payroll calculation for part-time work

When an employee has not fully worked the required hours, the calculation algorithm will be different:

Calculation of wages at a salary rate at a rate of ½ or ¼:

• Salary at ½ rate = salary at full rate*0.5
• Salary at ¼ rate = salary at full rate *0.25

Calculation example No. 1. Employee Kovalev A.A. drawn up under an employment contract, rate - ½, from November 11, 2016 to the position of equipment sales manager. The full salary for this position is 25,000, according to the staffing table. Calculate wages for less than a month.

First you need to determine the number of working days and weekends that fell in November:

• workers - 21 days;
• weekend - 9 days.

From November 11 to November 30, the employee worked 14 days. Next, the calculation is carried out according to the formula: 25,000 / 21 * 14 = 16,666.67 rubles - wages for the period from November 11 to November 30. The rate of Kovalev A.A is ½, accordingly the amount of payment will be:

Salary for November = 16,666.67*0.5=8,333.34 rubles

Under piecework conditions, the calculation is much simpler. It is enough to know the amount of payment per unit of production and the quantity of goods sold.

How to pay wages when working part-time

Salary is calculated in proportion to the time worked. Let's say, when hired part-time, an employee of 60,000 rubles will receive only 30,000 rubles. Taxes are calculated based on actual salary.

Other work bonuses remain the same as with a full-time salary. An employee takes 28 days off every year, receives a salary twice a month and paid sick leave. The length of service for a pension is considered unchanged. At a part-time rate, there is even a lunch break of at least 30 minutes if the shift is more than 4 hours (Letter of the Ministry of Labor of the Russian Federation dated November 17, 2017 No. 14-2/B-1012).

Implementation by order of the owner

Let's look at how to apply for part-time work at the initiative of the employer. Firstly, there must be some reason for this, for example, a difficult economic situation. Secondly, the employer must notify staff that a transition to a new operating mode is being made at least two months in advance, and this applies to both entry into and exit from the limited period.

If the company changes the terms of cooperation, offering new ones, but the employee does not agree to the transfer, then the employment or collective agreement is terminated and a dismissal procedure occurs. The worker is paid his due severance pay and is paid for the time already worked on the day of dismissal.

You should know that transfer is possible only when specific orders approved by order and regulations are introduced into the organization of labor and production. That is, the owner can transfer the entire enterprise or its certain divisions to part-time employment, but not one employee. This is done as follows:

1. The manager draws up and signs an order stating that certain changes are made to organizational labor issues.
2. Employees affected by the changes are notified of the transfer to the new regime 2 months before its implementation. It is advisable to give the notification individually, against signature. If there are many employees, then the paintings are collected by foremen or heads of departments.
3. An order is sent to the HR department, according to which employees need to be told about the changes being introduced. They must agree to the changes with a signature (collected by HR department employees). If someone does not want to switch to the new order, their employment contract is terminated.
4. Employees who are being transferred must make a written statement indicating that they are comfortable with the changes. This is not a mandatory step, but we recommend doing it to protect yourself from possible lawsuits and disputes. Employees have the right to change their minds, either positively or negatively, before changes are introduced.
5. Before the enterprise switches to a new operating mode, the manager signs an order specifying the new working conditions. Accordingly, with reference to this order, regulations, instructions and employment contracts are changed.

Attention:

employees who do not want to switch to the new regime are dismissed before the transition on a general basis with payment of debt and compensation.

Partial days are introduced by order of the enterprise

When is an employer required to establish a part-time rate?

Family care

If an employee has children or elderly parents, then at the employee’s request, working hours will have to be reduced. Transfer to part-time pay is due for:

• pregnant women;
• parents or guardians of a child under 14 years of age;
• parents or guardians of a disabled child under 18 years of age;
• employees caring for a sick relative with an ITU certificate.

Before switching to part-time, check whether someone else in the family can take care of the child. To do this, ask for a certificate about the working hours of the second parent (Ministry of Labor from Letter No. 14-2/B-1012). If it turns out that the other parent is not employed, you can refuse to reduce the hours.

Choose a schedule that suits both you and the employee. The law does not specify how many days and hours you need to work. You can shorten your working day to at least a couple of hours or only thirty minutes before the end of the shift. The main thing is that the employee is comfortable and the business does not suffer.

Sometimes it’s impossible to come to an agreement: for example, an employee needs to pick up her child from kindergarten before lunch, and work is at its peak at that time. Then the employee can contact Rostrud and file a complaint. For this, inspectors may issue you a fine, but they will not help you choose a schedule, and then you will have to return to negotiations again.

Minors and disabled people

Some employees are required to work less due to age and health conditions (Article 92 of the Labor Code of the Russian Federation). The state calculated the standard hours for them:

• workers under 16 years of age - no more than 24 hours a week;
• workers from 16 to 18 years old and disabled people - no more than 35 hours per week;
• workers in hazardous work – no more than 36 hours a week.

If the minor is studying, the week must be reduced to 12 hours for teenagers under 16 years of age or 17.5 hours for teenagers from 16 to 18.

What to write in an employment contract

IMPORTANT! A sample order for establishing a part-time working week for an employee from ConsultantPlus is available at the link

Text of Art. 93 of the Labor Code of the Russian Federation does not make it possible to unambiguously determine how to formulate the conditions of a part-time working week in a contract or additional agreement. There is no consensus on this issue today.

Quite often, the personnel service indicates the monthly salary according to the staffing table for a full month, and then makes a note that payment is made in proportion to the time worked, and lists the conditions of the reduced work schedule (days of the week, hours). An employee who wants to determine the actual accrual amount for the month has to do this by calculation.

Note that Art. 57 of the Labor Code of the Russian Federation insists on the need to include the working conditions of a specific employee in the employment contract. Information about his remuneration should also be as specific as possible. Therefore, it is advisable to indicate in the document exactly the remuneration already calculated according to the individual work schedule, in addition, the schedule itself: “Working days - Monday, Wednesday, Friday”, “Working days - Monday, Wednesday, Friday, from 9 to 13 hours " and so on.

The latter position is defended by labor inspectorate officials both in official comments and when applying it in the practice of inspections of organizations. According to the logic of the regulatory authorities, the employee must be paid the amount specified in the employment contract. An employer may find itself in a situation where it is required to pay for a full working month, while the employee has only partially worked that month’s working time.

On a note! The concepts of “part-time” and “reduced” working hours are different. In case of part-time work, wages are calculated proportionally, and in case of reduced work, the employee generally receives the same salary as if he had worked the whole day or week (Article 92 of the Labor Code of the Russian Federation).

When the employer himself transfers to part-time

Changes may occur in the company: they closed a retail outlet or moved it online, and now instead of a salesperson, they need a manager who will deal with orders for a couple of hours a day.

If the volume of work decreases, the employee’s working hours can be reduced. This is done for six months if the situation is temporary (Article 74 of the Labor Code of the Russian Federation), but then the employee must either be returned to full time or laid off.

The transfer to part-time work is introduced by order. Give the employee two months' notice. If part-time work does not suit him, you can offer the employee a layoff with a severance pay of two earnings.

Pre-holiday days with part-time work

Labor legislation stipulates that the pre-holiday day should be shortened by one hour. Employees registered at 0.5 rate also have the right to use this privilege. This benefit does not apply to the category of workers whose work should not be interrupted. The employer, in turn, can compensate for unused benefits with payments or additional rest.

Pre-holiday days are the days before official holidays. Their list is established long before the start of the calendar year and is available in any information source, along with the production calendar. If an official holiday falls on a Monday, then Friday is not a pre-holiday day.

Which days are considered pre-holidays: (click to expand)

1. This category includes workdays on the eve of a holiday. For example, if February 23 falls on a Monday, then Friday does not fall under this definition and cannot be a shortened day.
2. Religious customs established in the respective regions are also considered federal holidays. For example, Parents' Day in the Krasnodar Territory has been a day off for many years, by decree of the governor. And in Moscow it’s an ordinary working day.

For part-time workers who doubt their rights, the labor code states: employees registered at ½ rate have the same advantages and benefits along with everyone else: the right to paid leave, accrual of seniority and others. Based on this, employees who work part-time also work an hour less, and proper documentation of this fact is mandatory:

1. Drawing up an order establishing a working hours schedule, which will clearly define this range, taking into account the lunch break;
2. Instead of 8 hours worked, the timesheet must indicate 7, and for part-time workers, instead of 4, enter the number 3.