Ventilation
What does it mean to work part-time? Part-time employment

What does it mean to work part-time? Part-time employment

Labor activity (labor) is a special energy-consuming, generally accepted expedient human activity that requires effort and work. Through work, a person modifies certain elements of the external world and adapts them to meet his needs.

Labor is the basis of human life and development. The product of labor can be expressed in value, monetary form as income or earnings received as a result of its sale.

In the process of work, a person interacts with objects of labor And means of labor, and also with environment. Human interaction with objects and means of labor is determined by the development of technology and the level of production automation.

Labor process

A necessary condition for productive work is its labor safety, compliance with sanitary, hygienic, ergonomic and aesthetic requirements. The problem of the relationship between man and nature has become the subject of a new scientific direction - social ecology.

Inexhaustible variety types of labor can be easily classified by types and forms. So, social nature of work due to form of ownership for the means of production. Based on this feature, they distinguish private labor(owner or tenant) and hired labor(organizational forms of these types of labor are individual and collective labor). The social nature of work is manifested in the formation of methods of its motivation (desire, conscious need, coercion). Structural nature of labor determined content of labor; the main parameters here are degree of intellectualization And qualification complexity of labor functions. The degree of intellectualization of the labor function varies depending on the proportion of elements of mental and physical labor contained in it, as well as on the proportion of creative and reproductive(uncreative) labor.

Physical work- this is one of the main forms of the simple labor process, which is characterized by the predominance of physical stress over mental. In the process of physical labor, a person uses muscular energy and strength to activate means and tools of labor in order to transform the object of labor into a product of labor, and partially controls this action. At first, all physical labor was manual. The invention of new types of means of labor, as well as new types of energy (steam, electric, etc.) and methods of their use for the mechanization of labor has always been aimed at facilitating one or another procedure or operation of human physical labor. From this point of view, the following types of labor processes are distinguished:

- manual. They are performed manually using non-mechanized tools, for example, securing mine workings, manual assembly of components and machines, hand molding, etc. In this type of labor processes, manual creative labor is distinguished, which differs from most manual works in the increased content of elements of creativity, artistic imagination, individual (author's) nature of execution and other qualities, for example, the production of products in the traditions of folk arts and crafts (Bogorodsk wood carving, Mstera, Zhostovo decorative painting on artistic products, etc.), jewelry and filigree production, production of amber products, etc.;

- machine-manual. These include processes performed by machines or mechanisms with the direct participation of the worker (the efforts of the worker and the energy of the machine are used at the same time), for example, processing of parts on woodworking or metal-cutting machines with manual feed, sewing seams in clothing production. Machine-manual processes also include processes performed by workers using hand-held mechanized tools, such as electric drilling machines, jackhammers, electric impact wrenches, pneumatic rammers, etc.;

- machine. Here, the main work is done by machines, and elements of auxiliary work are done manually or using mechanisms. Machine processes, for example, include the processing of parts on machines with mechanized feed, etc.;

- automated. These are processes in which the main work is fully mechanized, and the auxiliary work is partially mechanized (semi-automatic); the operation of the mechanisms is controlled automatically. In these cases, the functions of workers are reduced to setting up machines, monitoring their operation and eliminating defects, and on semi-automatic machines, in addition, to the periodic supply of raw materials (blanks) and removal of finished products. These types of processes, for example, include turning parts on computer-controlled machines, manufacturing products on automatic lines, etc.;

- hardware, i.e. processes carried out on special equipment (devices) by exposing an object to thermal, electrical or chemical energy. At the same time, workers regulate the course of ongoing processes. Instrumental processes, for example, include smelting cast iron in cupola furnaces and blast furnaces; annealing and carburization of parts; most processes in the chemical and oil refining industries, etc.

When identifying types of labor based on the specified characteristics, appropriate quantitative criteria are established based on the relationship between the occupancy of the workplace and the employee. A distinctive feature of mechanized labor is a decrease in the participation of large muscle groups when performing work and an increase in the importance of smaller muscle groups with a significant increase in the speed and accuracy of movements. In the conditions of mechanized production, local and regional work predominates, which can be both dynamic and static in nature. Professions of mechanized labor require the accumulation of special knowledge and motor skills necessary when operating various tools, mechanisms, machine tools, etc. An example of this type of labor can be various types of machine work, straightening work, etc.

By degree favorable conditions distinguish between types of labor such as stationary and mobile; above-ground and underground; light, medium and heavy; attractive and unattractive; unregulated (free), regulated and strictly regulated (forced labor).

For a general characteristic of a particular work, all the considered groups of characteristics in their combination are used.

By professionally scientific (or research), engineering, managerial, production, pedagogical, medical, etc. work can be distinguished. functional sign types of labor are divided depending on their intended purpose, scope of application and functional role in the economic cycle of economic activity. By industry characteristics distinguish such types of labor as industrial (including mining and processing), agricultural (including crop and livestock farming), construction, transport and communications (in the production sector).

Brainwork- the second of the main forms of the simple labor process, which characterized by a predominance of mental (mental) stress over physical (muscular). In the process of mental work, a person mainly uses his intellectual capabilities. Technical progress in the field of automation and informatization of all types of activities inevitably reduces the role of physical labor in the production process and increases the role of mental labor. In this case, some problems disappear, but others inevitably arise. For example, the increasing responsibility of the operator for timely recognition of signal information and making the right decision (driver, electric locomotive driver, aircraft pilot, dispatcher, etc.), rapid change of situation (airport dispatcher), incessant monotony of reproductive labor requiring attention and concentration (supermarket cashier), and much more pose new problems of facilitating mental work.

Let us emphasize that the nature of work changes significantly when, instead of one person, several people begin to work together. The organization of labor of one, two, three or more people is determined by completely different tasks, which introduce their own problems into the planned implementation of a simple labor process. This is where the problem comes in hired labor, i.e. labor of a hired worker (owning only his own labor power) for any remuneration (most often wages) in the interests of the employer (employer), who owns or leases the means of production and acts as the organizer of production, to whom the product of labor remains. For the employee, hired labor serves as a source of livelihood, for the employer - as a source of obtaining the product of labor and making a profit, as a source of wealth.

Working conditions

Like any other activity, labor activity is fraught with dangers, including to the life and health of a person engaged in the simple process of labor, his ability to work and the ability to find a job. To eliminate or reduce hazards at work, favorable working conditions must be created and reliable safety ensured. Working conditions are understood as a set of factors in the labor process and production environment that influence the performance and health of the employee (Article 209 of the Labor Code of the Russian Federation). The main characteristics of the labor process are the severity and intensity of labor.

Difficulty of work load primarily on the musculoskeletal system and functional systems of the body(cardiovascular, respiratory, etc.), which ensure its activity. The severity of labor is determined by a number of indicators and labor factors during dynamic and static work:

the size of the load lifted and moved manually;
the number of stereotypically repeated movements;
the nature of the working posture;
the number of deep body bends;
the magnitude of the static load.

Labor intensity- one of the main factors of the labor process, reflecting the load is predominantly on the central nervous system, sensory organs, and emotional sphere employee. Factors that determine labor intensity include intellectual, sensory, emotional stress, the degree of their monotony, and work mode.

Under factors of the production environment, in which human activity is carried out, understand the most varied conditions of this environment: from physical to socio-psychological. All hazards associated with labor protection are classified as hazardous and harmful production factors of physical, chemical, biological and psychophysiological types.

Safety- the state of working conditions in which the impact of hazardous and harmful production factors on workers is excluded. Security State- this is a state where there is no danger of an accident that could cause harm. The degree of safety may change over time, since the degree of risk may change depending on objective circumstances and the actions of people. Therefore, the degree of safety should be periodically checked by visual or instrumental control. After an appropriate check, preventive and protective measures are developed, the implementation of which improves working conditions and safety.

Safe working conditions- these are working conditions under which the impact on workers of harmful and (or) hazardous production factors is excluded or the levels of their impact do not exceed established standards (Article 209 of the Labor Code of the Russian Federation). Safe working conditions are an essential element of the organization of labor and production, a prerequisite for its effectiveness. A direct indicator of safe working conditions has not yet been invented, but as a an indirect indicator of safe working conditions is the health of workers and their highly productive work without injuries and occupational diseases. In practice, indicators characterizing the danger of work are used: the number of injuries, their frequency and severity. Responsibilities to ensure safe working conditions in accordance with Art. 212 of the Labor Code of the Russian Federation are assigned to the employer. Trade unions and other representative bodies of workers exercise public control over the provision of safe working conditions.

As is known, under certain circumstances, the impact of working conditions on a working person can lead to adverse events, such as fatigue, fatigue (illness).

Fatigue is a physiological state of the body that occurs as a result of excessively intense or prolonged activity and is manifested by a temporary decrease in the functional capabilities of the human body. There are physical, mental and emotional fatigue.

Insufficient rest or excessive workload over a long period of time often leads to chronic fatigue, or overwork. A distinction is made between mental and mental (spiritual) fatigue. In young people and people with a certain type of nervous system, intense mental work can lead to the development of neuroses, which occur more often when mental fatigue is combined with constant mental stress, a great sense of responsibility, physical exhaustion, etc. Mental fatigue is observed in people overly burdened with “mental” worries and various kinds of responsibilities.

Fatigue is a subjective experience, a feeling that usually reflects fatigue, although sometimes it can occur without actual fatigue.

The causal relationship of the disease with working conditions is very complex and ambiguous. The complex of factors in the production environment that shapes working conditions, the severity and intensity of the labor process, affects workers as specific (i.e. straight and clearly directed), and nonspecific ( general unfavorable) impact.

More common nonspecific effect reduces the overall protective functions of the body, which leads to the development of common diseases. Since these diseases are caused by working conditions, they are often called occupational diseases. In practice, it is quite difficult (and sometimes impossible) to separate them from ordinary diseases.

Less common specific effect associated with specific production factors and leads to the development of certain diseases caused by these factors. Since these types of diseases are caused by unfavorable working conditions in specific workplaces of specific professions, they are called occupational diseases, which can be both acute and chronic.

Acute occupational disease This is a disease that occurs suddenly, after a single (within one working day, one work shift) exposure to harmful production factors, resulting in temporary or permanent loss of professional ability to work. As a rule, these are inhalation poisonings.

Chronic occupational disease This is a disease that occurs as a result of prolonged exposure to harmful production factors, resulting in temporary or permanent loss of professional ability to work. The vast majority (about 95%) of occupational diseases are chronic.

Practice shows that painful changes in the body can accumulate unnoticed for years and suddenly appear as serious occupational disease. Therefore, occupational diseases often lead to professional disability workers. For example, almost all patients with pneumoconiosis 1 Pneumoconiosis is an occupational lung disease caused by prolonged inhalation of dust. Pneumoconiosis can occur in workers in mining, coal, asbestos, engineering and some other industries. receive professional disability and are forced to change their profession. In addition, the mortality rate of people with occupational diseases from ordinary diseases that develop and develop under the influence of harmful production factors is tens of times higher than among the population as a whole.

Another very common adverse consequence of exposure to unfavorable working conditions, in addition to diseases, is injury, i.e. disruption of the anatomical integrity or physiological functions of human tissues or organs caused by a sudden external influence. Minor cuts, sprains and other relatively minor injuries that do not lead to disability are often called microtraumas. The injury that causes death is called fatal injury. The totality of all injuries, the very phenomenon of their receipt is called injuries.

Assessing injury requires knowing the frequency of injury, its severity (from a medical perspective), and its long-term social consequences (social severity).

The possibility of getting illness and (or) injury, including death, in the process of work, adds to the medical and biological consequences (trauma, disease, injury, disability, death) negative social consequences. These consequences are inherently the dangers of work as a social relationship. These include partial or complete loss of working capacity, professional working capacity, and general working capacity.

It should be emphasized that even a slight loss of the ability to work effectively can become an insurmountable obstacle to maintaining and (or) obtaining a job, especially when there is a surplus of labor in the labor market.

Labor is a fundamental form of human activity, in the process of which the entire set of objects necessary for him to satisfy his needs is created.

Labor activity is one of the forms of human activity aimed at transforming the natural world and creating material wealth.

The structure of work activity includes:

production of certain products;
materials the activity is aimed at transforming;
devices with the help of which objects of labor are transformed;
techniques and methods used in the production process.

The following parameters are used for characterization:

Labor productivity;
Labor efficiency;
Level of division of labor.

General requirements for a participant in labor activity:

professionalism (the employee must master all techniques and methods of production);
qualifications (High requirements for the preparation of a participant in the labor process);
discipline (the employee is required to comply with labor laws and internal labor regulations).

Labor relations and their legal regulation

Labor is a purposeful process of creating material and spiritual values in society. By engaging in labor activity, receiving for it part of the social product in the form of profit, salary, a person creates conditions for satisfying his material and spiritual needs.

The right to work is one of the fundamental human rights and freedoms and is enshrined in the Constitution of the Russian Federation.

The main work activity of most people is work in enterprises, which can be based on private, state, municipal and other forms of ownership. Labor relations between an employee and an enterprise are regulated by labor legislation.

If a person is suitable for the company, then an employment agreement (contract) is concluded between them. It defines mutual rights and obligations.

An employment contract is a voluntary agreement, meaning that both parties have made their choice, that the qualifications of the employee are suitable for the company, and the conditions offered by the company are suitable for the employee.

An employee, together with other employees, can participate in concluding a collective agreement with the administration of the enterprise, which regulates socio-economic, professional relations, issues of labor protection, health, and social development of the team.

Labor law

Labor law is an independent branch of Russian law that regulates relations between workers and enterprises, as well as derivative, but closely related, other relations.

Labor law occupies a special place in the Russian legal system. It determines the procedure for hiring, transferring, dismissing workers, systems and standards of remuneration, establishes incentive measures for success in work, penalties for violation of labor discipline, labor protection rules, and the procedure for considering labor disputes (both individual and collective).

The sources of labor law are understood as regulatory legal acts, i.e. acts that establish the norms of labor law of the Russian Federation. The most important source of labor law is the Constitution (Basic Law) of the Russian Federation. It contains the fundamental principles of legal regulation of labor (Articles 2, 7, 8, 19, 30, 32, 37, 41, 43, 46, 53, etc.).

In the system of sources of labor law, after the Constitution of the Russian Federation, the Labor Code (LC) occupies an important place. The Labor Code regulates the legal relations of all workers, promoting the growth of labor productivity, improving the quality of work, increasing the efficiency of social production and raising on this basis the material and cultural standard of living of workers, strengthening labor discipline and the gradual transformation of work for the benefit of society into the first vital need of everyone able-bodied person. The Labor Code establishes a high level of working conditions and full protection of the labor rights of workers.

Employment contract

Of the various forms of realizing the right of citizens to work, the main one is the employment agreement (contract).

In accordance with Article 15 of the Labor Code of the Russian Federation, an employment agreement (contract) is an agreement between workers and an enterprise, institution, organization, according to which the worker undertakes to perform work in a certain specialty, qualification or position, subject to internal labor regulations, and the enterprise, institution, organization undertakes pay the worker wages and ensure working conditions provided for by labor legislation, collective agreement and agreement of the parties.

The definition of the concept of an employment contract allows us to highlight the following distinctive features:

an employment agreement (contract) provides for the performance of a certain type of work (in a certain specialty, qualification or position);
presupposes the employee’s subordination to the internal labor regulations established at the enterprise, institution, or organization;
It is the employer’s responsibility to organize the employee’s work and create normal working conditions that meet safety and hygiene requirements.

As can be seen from the definition of an employment agreement (contract), one of the parties is a citizen who has entered into an agreement to work as a specific employee. As a general rule, a citizen can enter into an employment agreement (contract) from the age of 15.

To prepare young people for productive work, it is allowed to employ students of secondary schools, vocational and secondary specialized educational institutions to perform light labor that does not cause harm to health and does not disrupt the learning process, in their free time from school, after they reach 14 years of age with consent of one of the parents or a person replacing him.

The second party to the employment agreement (contract) is the employer - an enterprise, institution, organization, regardless of the form of ownership on which it is based. In some cases, the second party to the employment agreement (contract) may be a citizen, when, for example, a personal driver, a domestic worker, a personal secretary, etc. are hired.

The content of any contract refers to its terms, which determine the rights and obligations of the parties. The content of an employment agreement (contract) is the mutual rights, obligations and responsibilities of its parties. Both parties to the employment agreement (contract) have subjective rights and obligations determined by the employment agreement (contract) and labor legislation. Depending on the procedure for establishing, there are two types of terms of the employment agreement (contract):

derivatives established by current legislation;
direct, established by agreement of the parties when concluding an employment contract.

Derivative terms are established by applicable labor laws. These include conditions: on labor protection, on establishing a minimum wage, on disciplinary and financial liability, etc. These conditions cannot be changed by agreement of the parties (unless otherwise provided by law). The parties do not agree on derivative terms, knowing that with the conclusion of the contract these terms are obligatory by law.

The immediate conditions, which are determined by agreement of the parties, are in turn divided into:

necessary;
additional.

Necessary conditions are those in the absence of which an employment contract does not arise. These include the following conditions:

about the place of work (enterprise, its structural unit, their location);
about the employee’s labor function that he will perform. The labor function (type of work) is determined by the parties to the contract establishing the profession, specialty, qualification in which a specific employee will work;
terms of remuneration;
duration and type of employment agreement (contract).

In addition to the necessary conditions, the parties may establish additional conditions when concluding an employment agreement (contract). From the name itself it is clear that they may or may not exist. Without them, an employment agreement (contract) can be concluded. Additional conditions include: establishing a probationary period when hiring, providing a place in a preschool institution out of turn, providing living space, etc. This group of conditions may concern any other labor issues, as well as social and welfare services for the employee. If the parties have agreed on specific additional conditions, they automatically become binding for their implementation.

The procedure for concluding an employment agreement (contract)

Labor legislation establishes a certain procedure for admission and legal guarantees of the right to work upon admission. Recruitment in our country is carried out on the principle of selecting personnel based on business qualities. Unreasonable refusal to hire is prohibited.

An employment agreement (contract) is concluded in writing. It is drawn up in two copies and kept by each party. Hiring is formalized by order (instruction) of the administration of the organization. The order is announced to the employee against signature. Current legislation prohibits requiring documents other than those required by law when hiring.

Employment agreements (contracts), according to the time for which they are concluded, are:

perpetual - for an indefinite period,
urgent - for a certain period of time,
for the duration of a specific job.

A fixed-term employment agreement (contract) is concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done, subject to its completion, or the interests of the employee, as well as in cases directly provided for by law.

When hiring, by agreement of the parties, a probationary period may be established in order to verify the employee’s suitability for the work assigned to him.

During the probationary period, the employee is fully covered by labor laws. The trial is established for a period of up to three months, and in some cases, in agreement with the relevant elected trade union bodies, for a period of up to six months. If the employee fails to pass the test, he is dismissed before the end of the specified period.

The work book is the main document about the employee’s work activity. Work books are kept for all employees who have worked for more than five days, including seasonal and temporary workers, as well as non-staff workers, provided that they are subject to state social insurance. The work book is filled out for the first time by the administration of the enterprise.

Salary

Issues of remuneration are currently resolved directly at the enterprise. Their regulation, as a rule, is carried out in a collective agreement or other local regulatory act. The tariff rates (salaries), forms and systems of remuneration established at the enterprise may be periodically revised depending on the achieved production and economic results and the financial position of the enterprise, but cannot be lower than the established state minimum.

Regulation of wages for public sector employees and employees employed in representative and executive authorities is carried out centrally on the basis of a Unified Tariff Schedule.

In the employment agreement (contract), it is advisable to indicate the size of the tariff rate (official salary) of the employee by profession (position), qualified category and qualification category provided for in the collective agreement or other local regulatory act.

The salary of each employee should depend on the complexity of the work performed and personal labor contribution.

By agreement of the parties, a higher wage may be established than in the corresponding act (agreement), if this does not contradict local regulations in force at the enterprise.

The establishment of higher wages on an individual basis should be associated with the high qualifications of the employee, the implementation of more complex tasks, programs and ensure equal pay for equal quantity and quality of work.

In addition to the size of the tariff rate (official salary), the employment contract may provide for various additional payments and bonuses of an incentive and compensatory nature: for professional skill and high qualifications, for class, for an academic degree, for deviation from normal working conditions, etc.

By agreement of the parties in the employment agreement (contract), these allowances are specified and, in some cases, can be increased compared to the general norm provided for at the enterprise, if this does not contradict local regulations in force at the enterprise.

The employment agreement (contract) specifies the amount of additional payments for combining professions or positions. The specific amount of additional payments is determined by agreement of the parties based on the complexity of the work performed, its volume, the employee’s employment in the main and combined work, etc. Along with additional payments, the parties can agree on other compensation for combining professions (positions), for example, additional leave, increased remuneration at the end of the year, etc.

Various types of employee incentives operating in the organization can also be reflected in an individual employment agreement (contract), for example, bonuses, year-end remuneration, long service payment, payment in kind.

Types of working time

Working time is a period of time established by law or on its basis during which an employee must perform work duties, while submitting to internal labor regulations.

The legislator establishes three types of working hours.

The normal working hours at enterprises, organizations and institutions do not exceed 40 hours per week.
Reduced working hours. The legislator establishes such a duration, taking into account the conditions and nature of work, and in some cases, the physiological characteristics of the body of certain categories of workers. A reduction in working hours does not entail a reduction in wages.
Part-time work.

Shortened working hours apply to:

for workers under 18 years of age:

age from 16 to 18 years means working no more than 36 hours per week;
age from 15 to 16 years, as well as from 14 to 15 years, students (working during the holidays) - no more than 24 hours a week;

for workers in production with hazardous working conditions - no more than 36 hours per week;
a shortened week is established for certain categories of workers (teachers, doctors, women, as well as those employed in the agricultural sector, etc.).

Part-time work

By agreement between the employee and the administration, a part-time or part-time work week may be established (both upon hiring and subsequently). At the request of a woman, women with children under 14 years of age, a disabled child under 16 years of age; at the request of a person caring for a sick family member (in accordance with the available medical document), the administration is obliged to establish for them a part-time working day or a part-time working week.

Payment in these cases is made in proportion to the time worked or depending on output.

Working part-time does not entail for employees any restrictions on the duration of annual leave, calculation of length of service and other labor rights.

Overtime work

By establishing a specific measure of labor in the form of working time norms, labor legislation at the same time allows for some exceptions when it is possible to attract an employee to work outside of this norm.

Overtime work is work beyond the established working hours. As a rule, overtime work is not allowed.

The administration of an enterprise can apply overtime work only in exceptional cases provided for by law. Overtime work requires permission from the relevant trade union body of the enterprise, institution, or organization.

Certain categories of workers cannot be involved in overtime work. Each employee's overtime hours must not exceed four hours on two consecutive days and 120 hours per year.

Typically, part-time work refers to part-time work. This issue is regulated by the Labor Code, which stipulates which categories of workers can apply for a transition to new working conditions if they were previously “fully employed.” These are pregnant women, mothers of children under 14 years of age (or disabled children under 18 years of age), citizens caring for sick relatives, regardless of their age. The employer will not be able to refuse to switch to a reduced rate. The wishes of all others are fulfilled by special arrangement.

When applying for a job, it also happens that you apply for a part-time position by mutual agreement. This is most often used by full-time students.

Pros of part-time work

The salary, naturally, will be proportional to the time worked, but the duration of the vacation remains the same, and the length of service is calculated in the same way as for full-time employment. Mothers can easily take care of their children in the afternoon, pick them up from school, take them to clubs, and at the same time earn something. Students not only provide for themselves, but also, if they choose the right organization, get good practice.

Disadvantages of part-time work

If you work every day, then the travel costs (time and financial) will be the same as with a full day. No one will divide nice phrases in the contract like “carry out all the director’s orders” in half either: additional responsibilities are distributed between employees approximately equally, and the “redundant” may also get extra extra as the most free one.

The new conditions for pension payment, when it depends on both length of service and salary, treat low incomes as if the person had not worked at all. There is an opinion that this scheme will be revised again in a couple of years, but it certainly won’t get any better.

How to overcome the disadvantages of part-time work

The favorite pastime of all pregnant women and young mothers is searching for income that does not involve leaving home. This could be remote work with actual registration under the Labor Code and performing duties at home. Typically this includes the activities of an accountant, proofreader, seamstress and other traditionally female occupations.

The Internet significantly expands the opportunities for those forced to stay at home. There are many options: handicrafts with sending products throughout the country, selling photographs or vector images on microstock, creating websites, etc. True, freelancing has two significant disadvantages. The first is that you need to be able to do something or, at worst, be trainable. The second is the absence of contributions to the Pension Fund, paid sick leave, taxes and other usual attributes of a permanent job. There is a solution to the second problem: when income increases so much that those who are especially sensitive will feel ashamed of deceiving the state by evading taxes, you can register as an individual entrepreneur - and your conscience will be clear. You may have to share your income with dubious government organizations, but consider it a necessary sacrifice for the success of your business.

Alternative understanding of the term

Sometimes the question of , is viewed from a different angle, from a negative point of view. Partially employed is not the one who wanted it, but the one who did not have enough work. This category includes employees who were laid off, but not fired completely. In general, this is a subtle hint at hidden unemployment.

In the articles in this section we will try to analyze all the nuances associated with employment for a full-time and 0.5-time job. We will also figure out how hiring is formalized if the employee plans to engage in work on a part-time basis.

Main features

What is the hiring process like?

The fundamentals governing legal relations are specified in the Labor Code of the Russian Federation. In this matter, it is necessary to focus your attention on Article 93.

What information does a future employee need to know when applying for a job for 0.5 rate and full time?

A part-time working day can be regulated both through a shortened shift and through an incomplete weekly period;
The period of incomplete type can be established after an agreement formed between the employee and the employer, both upon hiring and after a certain period of time.

The employer is obliged to provide a partial day of work or a partial weekly working period in the following scenario:

If the application is submitted on behalf of a female representative at the time when she is carrying a baby;
If the guardian or parent has children under 14 years of age, or a disabled child (under 18);
Application from a person caring for a relative. In this case, medical certificates must be provided.

Rules for getting a job

In case of employment, it is necessary to take into account a large number of factors. There are no time limits on paid leave. This means that an employee must be given leave on an annual basis, regardless of whether the person works more or less time.

It is prohibited to set restrictions for a hirer at a specific rate using labor rights; this also applies to the procedure for calculating seniority.

When a citizen of the Russian Federation is accepted at half the rate, he receives the right to receive a shortened day, which is determined by the production calendar.

During the reception, a standard working regime is established, due to which all time that was worked in excess of what was prescribed in the official document will be regarded as overtime.

List of required documents

A certain package of documents is required.

An employment contract is responsible for establishing work responsibilities between the employer and employee.

When drawing up an employment contract for a shortened day, the documentary form must comply with certain sections. Main sections of the employment contract:

General provisions;
Responsibilities and legal features;
Subject of the employment contract;
Period of rest and work activity;
Payroll terms;
The nature of the terms of the employment contract;
Basic details.

During the preparation of the main document, the parties have the opportunity to add auxiliary clauses determined by the specifics of the work.

Order for employment

Management must issue an order.

This order is characterized by the same structure and characteristic documentary features inherent in other personnel-type orders. However, you should take into account the fact that there are certain design aspects:

the section in which acceptance conditions are noted is characterized by the presence of a notice reflecting the basic conditions for providing work on a reduced schedule;
in the section where the salary part is present, the size of the working rate is determined based on the staff schedule.

The order itself must be signed within a 3-day period.

The period begins to count from the moment a person starts working.

How to fill out a personal card type T2

Certain documents to fill out the card.

A card of this type must be filled out for labor participants classified in different categories who were allowed to work in accordance with the official employment order.

In order to issue a personal card, you will need the following documents:

passport (or other personal identification documents);
work book;
military ticket;
documentary data informing about the completion of the educational program;
GSS insurance type certificate;
a certificate providing information regarding registration with a tax authority;
order on admission to work activities.

Further information must be entered in accordance with the information provided by the employee. When encoding the basic information that is in the personal card, you need to take into account the filling rules that are defined by state standards:

If you enter incorrect data, the documentary form will be damaged and will have to be rewritten;
If there are no entries or negative answers are present, then the encoded section of the details will be considered blank;
Dates and months must be written in full, the year must be indicated in 4 digits;
Dates are encoded according to the scheme: day, month and year.

In case of filling out other points of the card, you must use instructions that are approved by the relevant resolution.

An employee of our organization received disability group I, degree III labor restriction. That is, he became completely disabled. However, the employee feels well and would like to continue working. The employer also does not want to fire the employee.

In this case, wouldn’t it be a violation of the law for the employee to remain in the same position, but on a part-time basis, that is, three to four hours a day?

Individual rehabilitation program (IRP) for a disabled person- developed on the basis of a decision of the authorized body that manages the federal institutions of medical and social expertise, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, timing and procedure for the implementation of medical, professional and other rehabilitation measures aimed at restoration, compensation for impaired or lost body functions, restoration, compensation of a disabled person’s abilities to perform certain types of activities (Part 1, Article 11 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”).

Recently, more and more employers do not want to leave or hire workers who are disabled, even disabled people of group I, if these workers show a high level of professionalism and are able to actually perform the assigned work.

This is because “non-working” groups were canceled as such, disability is now determined and recorded for each specific person in an individual rehabilitation program for a disabled person (hereinafter referred to as IPR).

The fact of complete loss of professional ability to work must be confirmed in the IPR. It should state that the employee completely incapable of working(indication in the IPR of the third degree of limitation of the ability to work is not enough to consider the employee completely incapable of work, since we will not find such a correlation in any regulatory document).

According to Part 7 of Art. 11 of Federal Law No. 181-FZ of November 24, 1995 “On social protection of disabled people in the Russian Federation” (as amended on November 6, 2011; hereinafter referred to as Federal Law No. 181-FZ), the employer is exempt from liability for failure to fulfill the IPR if:

a) the IPR does not contain a phrase about total disability;

b) the employee refused in writing to submit the IPR to the employer;

c) the employee in writing refused one or another type, form and volume of rehabilitation measures, as well as the implementation of the program in general or in part relating to restrictions on work activity.

The employee can work full-time or part-time - it all depends on the agreements between the employee and the employer.

Reference. In accordance with Decree of the Government of the Russian Federation of December 30, 2009 No. 1121, from January 1, 2010, the concept of the degree of limitation of the ability to work was excluded from the text of the Rules for recognizing a person as disabled (approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95). Complete or partial loss of ability to engage in work activity is one of the elements disability.

In Part 2 of Art. 1 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of people with disabilities in the Russian Federation” provides a definition of the concept of “limitation of life activity” - this is the complete or partial loss of a person’s ability or ability to carry out self-care, move independently, navigate, communicate, control one’s behavior , study and work.

According to Part 3 of Art. 1 of the said Federal Law, depending on the degree of disorder of body functions and limitations of life activity for persons recognized as disabled, it is established disability group.

Salary

Note! The full working time of an ordinary employee is 40 hours per week. The full reduced working time of a disabled employee is no more than 35 hours per week.

Partial reduced working hours of a disabled employee, for example, 20 hours per week, are paid in proportion to the reduced working hours paid in full.

It must be taken into account that in accordance with Part 1 of Art. 92 of the Labor Code of the Russian Federation, disabled people of group I or II should be provided with a reduced working time (no more than 35 hours per week), which is normal (full) for them. At the same time, according to Part 3 of Art. 23 of Federal Law No. 181-FZ, it must be preserved full salary. Consequently, the cost of a working hour for a disabled person of group I or II turns out to be higher than that of other workers.

If a disabled person of group I or II works in the mode part-time or part-time work week(for example, 20 hours per week), when calculating wages, it should be assumed that full working time (100%) for this category of workers is 35 hours per week. The calculation is made based on the proportion (we give an example for a working week lasting 20 hours):

where X is the amount of remuneration for part-time working hours (20 hours) assigned to a disabled employee, as a percentage of the full remuneration of the disabled employee for the reduced working time assigned to him (35 hours), which is full working time for the disabled employee.

X = 20 H 100 / 35 = 57.14.

Thus, for part-time work, which is 50% of the full working time of a regular employee, a disabled employee should be accrued 57.14% of the full salary.

EXPERT OPINION. Tax Bulletin No. 8 (2003) published the answer of N. Z. Kovyazina, Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia, to the question about calculating wages for a disabled person who has a part-time working week.

Here is the text of the response:

“In accordance with the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation,” disabled people of groups I and II are entitled to a reduced working time of no more than 35 hours per week while maintaining full wages, that is, as employees of the corresponding categories with a full working week. If a disabled person is assigned part-time work, payment for his work is made in proportion to the time worked based on full payment.

But if a disabled person works less than 35 hours a week in accordance with an individual rehabilitation program, he remains fully paid.

Example. The monthly salary of an employee for a certain position is 2,000 rubles. A disabled person of group II was hired to work in this position on a part-time basis at his request - 20 hours a week. His monthly earnings in this case will be 1,142 rubles. (2,000 rub. H (20 hours / 35 hours)).

If this disabled person works 20 hours a week in accordance with an individual rehabilitation program, he will receive full payment - 2,000 rubles. per month".