Quite often, students, while still studying at the university, are already getting a job.
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For an experienced personnel officer, this moment is not in doubt. But many do not know that there are certain features when hiring students.
What does the law say?
Registration of labor relations with full-time students is regulated by labor legislation.
The main labor law is the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ.
Normative base
The conclusion of an employment contract with students is governed by the general rules for drawing up this document.
The rules for drawing up and concluding an employment contract are specified in chapters 10 and 11 of the Labor Code of the Russian Federation.
According to Art. 59 of the Labor Code of the Russian Federation, with full-time students, the employer can conclude that this is due to the fact that most often the student simply looks for a part-time job for the summer.
It should be borne in mind that a minor student combining work and study should be given a reduced working week. This is stated in Art. 92 of the Labor Code of the Russian Federation.
Such a condition must be necessarily spelled out in the training worker.
An adult full-time student has the right to ask the employer to establish a “preferential” work schedule for him - part-time work, for example.
To do this, he must write an application addressed to the employer or discuss this point before signing the contract. This is stated in Art. 93 of the Labor Code of the Russian Federation.
According to Art. 173 of the Labor Code of the Russian Federation and Art. 17 federal law dated August 22, 1996 No. 125-ФЗ “On higher and postgraduate professional education”, the employer is obliged to provide working students with paid education for the preparation and passing of intermediate and final exams.
The duration of such leave depends on the course of the trainee and on the basis of the leave.
The shortest vacation for students initial courses, and the longest - for graduate students. It can reach 4 months.
Pros and cons
When hiring a student, the employer pursues main goal- upon graduation from a university employee, he will most likely remain working for this particular employer.
Thus, the employer will receive a “ready-made” employee with a higher education.
In addition, a student can be paid a salary much lower than a full-time employee in this position and with a higher education.
But there are also some downsides:
- A student worker may demand that part-time work be established for him.
- A student employee will "leave in session". Study leave is not combined with the main one, so the student will be absent from work longer than other employees. All students are paid exactly the same as full-time employees.
Guarantees and compensation for workers
The guarantees and compensations that the employer must provide to the working student are listed in Art. 173 of the Labor Code of the Russian Federation.
The main guarantee is the provision of leave to continue studies, and the main compensation is paid leave.
In Art. 173 of the Labor Code of the Russian Federation states that the employer is obliged to provide and pay for a student working at his place of leave of duration:
- 40 days a year for passing a session for working undergraduate students at a university in a bachelor's, specialist's or master's program, regardless of the form of education;
- 50 days for passing tests and exams in senior courses, up to graduation;
- up to 4 months for writing a thesis and its defense, as well as for preparation and delivery state exams.
These guarantees apply both to full-time students of the university, and to students - part-time students.
For secondary students vocational education, Art. 174 of the Labor Code of the Russian Federation establishes the following vacation duration:
- 30 calendar days for passing the session for 1st and 2nd year students receiving secondary vocational education;
- 40 days to pass the session on the remaining courses before the end of the training program;
- 2 months to prepare a student for the defense of a thesis and passing state exams.
If a educational institution, where the student is studying, is located in another city, then the employer is obliged to fully pay for travel for university students, and in the amount of 50% for students of technical schools and colleges.
Risks for the employer
When hiring a student, the employer faces certain risks:
- The student will leave for the session - he will be absent from the workplace. To perform his duties, you will need to find another employee who will have to pay extra for a temporary combination. In addition, students need to pay for vacation. The employer "loses" in finance.
- The student has no work experience - he will study theory and gain practice "on the spot" - right at the workplace. The speed and quality of the work performed by such an employee is rather doubtful.
- A student is not the most reliable worker, as he is young and enthusiastic. It may turn out that he quits the job without finishing it.
Design features
When applying for a job, there are some peculiarities.
The documents
To apply for a job, a student must submit the following documents to the employer:
- your passport;
- certificate of study;
- compulsory medical insurance policy;
- work book, if any;
- TIN and SNILS, if any.
When employed for the first time, the employer draws up a work book for the employee, and the employee must receive the TIN and SNILS on their own.
Registration of the contract
When drawing up a contract with a student, it is necessary to take into account:
- the contract must be drawn up in writing- Art. 67 of the Labor Code of the Russian Federation;
- the content of the contract must be drawn up in accordance with Art. 57 of the Labor Code of the Russian Federation, the working hours and the rest regime must be discussed with the student in advance;
- students are entitled to part-time work, in accordance with Art. 93 of the Labor Code of the Russian Federation; if the student asks, then this must be reflected;
- if an employee - student is not yet 18 years old, then he can work no more than 35 hours a week - Art. 92 of the Labor Code of the Russian Federation;
- persons under the age of 18 cannot be appointed - Art. 70 of the Labor Code of the Russian Federation.
The employment contract is signed by both parties.
Entry in the workbook
If the student's work is the main one, and he has been working for more than 5 days, the employer is obliged to make an entry in the work book. This is stated in Art. 65 of the Labor Code of the Russian Federation.
Records in the labor will look like this (as in the standard case):
Experience
To calculate a pension, an insurance period is required, that is, the period during which contributions to the Pension Fund were deducted for the employee.
This has nothing to do with working hours and the basis for calculating contributions.
Working hours
In accordance with Art. 93 of the Labor Code of the Russian Federation, the employee has the right to ask the employer in writing to set him a part-time working week.
The parties can reach an agreement, so the duration of the student's work week will be any.
If the student is a minor, then according to Art. 92 of the Labor Code of the Russian Federation, he must work no more than 35 hours a week.
Personnel nuances
There are some personnel nuances when applying for students to work. They must be taken into account.
Otherwise, problems with the labor inspection cannot be avoided during the next scheduled or unscheduled inspection.
Hiring a full-time student
Full-time students have the same rights and responsibilities at work as "essential" workers.
A full-time employee has the right to demand part-time work. Employment of a full-time student takes place in accordance with the norms of the Labor Code of the Russian Federation.
If a student is registered for practice, this happens on the basis of an agreement concluded between the employer and the educational institution.
An employment contract with such a student is concluded if the practice is industrial.
Correspondence students
students absentee form studies are issued for work exactly on the same conditions as full-time students.
If a part-time student receives an education of this level for the first time, then he is entitled to all compensation and guarantees specified in Art. 173 and 174 of the Labor Code of the Russian Federation.
When receiving education of the same level for the 2nd time, the employer is not obliged to provide the employee with paid leave for taking sessions, as well as pay for travel.
Foreigners
A foreign student receiving a higher or secondary vocational education in our country, upon employment, must present to the employer:
- your passport;
- certificate of education.
The rest of the procedure is exactly the same as when registering a student - a citizen of our country.
Probation
The organization is going to accept at the main place of work a student who is studying at the full-time department of a higher educational institution and gets a job for the first time. What features established by law will need to be taken into account by the employer when hiring such an employee? Will the fact that the employee will work no more than four hours a day affect the procedure for calculating the length of service when calculating a pension in any way?
Article 93 of the Labor Code of the Russian Federation allows you to establish, when hiring, a part-time (shift) or part-time working week by agreement between the employee and the employer.
Labor legislation does not contain requirements on the minimum length of a working day or week when establishing a part-time working regime (see also letter of Rostrud dated 06/24/2009 N 1819-6-1). So, for example, the duration of incomplete working week may be 4, 3, 2 days, etc., while part-time work may be 4, 3, 2 hours, etc. A combination of a part-time work week and a part-time work day is allowed.
Thus, labor legislation provides the parties to the employment contract with the opportunity to independently determine the duration of the employee’s labor activity that suits them during the working day and (or) working week. In this regard, when concluding with a new employee, the parties have the right to establish in it the duration of working hours, corresponding, for example, to 0.5 rates for the chosen position.
In addition to part-time work, an employee can also have flexible working hours. Then start, end or total duration working day (shift) is determined each time by agreement of the parties (part one, article 102 of the Labor Code of the Russian Federation).
By virtue of the second part of Art. 57 of the Labor Code of the Russian Federation, the mode of working time and rest time is reflected in the employment contract in without fail, if for a given employee it differs from the general rules applicable to the employer. Working hours, according to Art. 100 of the Labor Code of the Russian Federation, should provide for the duration of the working week (five-day with two days off, six days with one day off, working week with days off on a rotating schedule, part-time work), work with irregular working hours for certain categories of workers, duration daily work(shifts), including part-time (shifts), start and end time of work, time of work breaks, number of shifts per day, alternation of working and non-working days.
In the case under consideration, by agreement of the parties, when hiring, the employee will be established incomplete working time(part one of article 93 of the Labor Code of the Russian Federation), therefore, it is necessary to include the corresponding condition in the employment contract. If this is not done, then the employee will be subject to the usual regime of working hours and rest time adopted by the employer.
When working on a part-time basis, the employee's remuneration should be made in proportion to the time worked by him or depending on the amount of work he performed (part two of article 93 of the Labor Code of the Russian Federation, see also letter from Rostrud dated 08.06.2007 N 1619-6).
According to the second part of Art. 57 of the Labor Code of the Russian Federation, the labor contract must include a condition on remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Salary is a fixed amount of remuneration for the performance of labor duties of a certain complexity for a calendar month, excluding compensatory, incentive and social payments (part three of article 129 of the Labor Code of the Russian Federation). If, in the case under consideration, the employee is, for example, set a 20-hour working week, which is 1/2 of the normal working time (part two of Article 91 of the Labor Code of the Russian Federation), his salary should be equal to 1/2 of the salary for the corresponding position received by employees with normal working hours.
Employment is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract; the content of the order must comply with the terms of the employment contract (part one, article 68 of the Labor Code of the Russian Federation). Therefore, in the order for employment, compiled according to the unified forms N T-1 or N T-1a, approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1, in the column "with a tariff rate (salary)" to an employee who is accepted at 0, 5 rates, you should indicate an amount equal to 1/2 of the salary for the corresponding position for employees with normal working hours.
Part of the third art. 93 of the Labor Code of the Russian Federation establishes a rule according to which 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.
According to the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in Russian Federation"The right to receive a pension does not depend on the work, but on the insurance period of a citizen.
Under the insurance experience in accordance with Art. 2 of this law is understood as taken into account when determining the right to a labor pension, the total duration of periods of work and (or) other activities during which they were paid in the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period.
Thus, the period during which the employer paid pension contributions for the employee is included in the insurance record of the latter, regardless of the size of the base for calculating contributions to the Pension Fund of the Russian Federation (i.e., the employee’s salary (0.5 rates)) and, accordingly, the amount of these contributions.
The obligation of the employer-organization to keep work books for each employee who has worked for him for more than five days, if the work in this organization is the main one for the employee, is established by Art. 65 of the Labor Code of the Russian Federation and clause 3 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225.
When concluding an employment contract for the first time, an insurance certificate of state pension insurance is issued by the employer (Article 65 of the Labor Code of the Russian Federation).
When hiring a student who is studying at the full-time department of the university, the employer must also take into account that Art. 173 of the Labor Code of the Russian Federation provides for a number of guarantees and compensations for employees who combine work with education in educational institutions of higher professional education. Moreover, part of the first Art. 287 of the Labor Code of the Russian Federation, it is established that such guarantees and compensations are provided by the employer precisely at the main place of work.
The procedure for providing guarantees and compensations to employees who combine work with training is determined by the provisions of Art. 177 of the Labor Code of the Russian Federation.
Prepared answer:
Legal Consulting Service Expert GARANT
Anosova Julia
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Zolotykh Maxim
The material was prepared on the basis of an individual written consultation provided as part of the service
What do you need to know about hiring a student? What list of documents will be required when hiring a student? Pros and cons of hiring a student.
Many students get their first job while studying at the university. Those who have already encountered the employment of students have no problems with registration, but it will be useful for a person who does this for the first time to learn all the features of the procedure, as well as the pros and cons of using students as a workforce.
The procedure for hiring a student
The formalization of working relations with full-time students is regulated by the Labor Code. Therefore, the conclusion of an employment contract must strictly comply with the laws of the code. Absolutely all the features of the execution and conclusion of the contract are described in detail in chapters 10 and 11 of the Labor Code of the Russian Federation.
When drawing up a contract with a student, you need to remember that, according to Article 93 of the Labor Code of the Russian Federation, he has the right to a part-time work week. And if he has not yet turned eighteen, then, according to Article 92, he cannot work more than 35 hours a week. In this case, the working hours with the student must be agreed in advance. No less important is the fact that a person who is not yet eighteen is forbidden to appoint a probationary period in accordance with Article 70 of the Labor Code of the Russian Federation.
According to Article 67 of the Labor Code of the Russian Federation, the contract is drawn up in writing, and its content must be drawn up in accordance with Article 57 of the Labor Code of the Russian Federation.
There are also personnel nuances that should be taken into account in order not to run into problems from the labor inspectorate when carrying out a scheduled or unscheduled inspection.
Full-time students have the same rights and obligations as regular employees. At the same time, a full-time employee has the right to work part-time. Such a student is hired in accordance with the norms of the Labor Code of the Russian Federation. In the event that a student is registered for practice, then the basis for employment is an agreement between the employer and the educational institution. But an employment contract must be concluded only when the practice is production.
Part-time students are issued on the same terms as full-time students. In the event that a part-time student receives education for the first time, he is entitled to all compensation and guarantees, which are listed in Articles 173 and 174 of the Labor Code of the Russian Federation. And if we are talking about obtaining education of the same level for the second time, then the employer may refuse to provide paid leave for sessions and travel expenses.
List of documents when hiring a student
In order for the employer to correctly register the student, the latter must provide documents such as:
- the passport;
- a document confirming the completion of training;
- compulsory medical insurance policy;
- work book, TIN and SNILS if any.
According to the current legislation, at the first employment, the employer draws up a work book for the employee, but he receives the TIN and SNILS himself.
If you need to hire a foreign student receiving education in our country, then for employment you will need a passport and a certificate of education. At the same time, the registration procedure is exactly the same as in the case of your students.
Pros and cons
Despite the fact that the registration of students is more complicated, if only because it is not so common and requires studying all the nuances, by accepting such an employee, the employer receives some advantages.
First of all, it is worth saying that after graduation, most likely, former student will remain in place to work. In this case, the employer will receive an employee with a higher education.
No less advantage, in which employers are very interested, is that a student can be paid less than an employee occupying the same position, but having higher education.
The disadvantages include the fact that the student may be required to work part-time. In addition, he must be released at the session, while study leave cannot be combined with the main one. Consequently, the student will work less than everyone else, but his vacation according to the law must be paid in the same way as the rest of the employees. At the same time, the duration of the vacation directly depends on which course the employee is studying. The smallest vacation is required for first-year students, and the longest is needed for graduate students - it can be four months.
The disadvantage of using students as workers is that they have no experience. And this means that they will study and work right at their workplace. Therefore, at first, it is naive to expect a quick and high-quality performance of duties. In addition, since we are talking about young people, there is a high risk that the student will quit work even before they learn how to do it well.
Attached files
- Regulations on industrial practice (form).doc
- Characteristics of the student passing industrial practice in the organization (form).doc
Available only to subscribers
- Regulations on industrial practice (sample).doc
- Characteristics of a student undergoing an internship in an organization (sample).doc
- Order on granting additional leave while maintaining average earnings (study leave) (sample).doc
How to arrange a full-time student of a higher educational institution for a job? What are the main features of the legal status of a full-time student who combines study with work during the academic year?
Registration of labor relations with full-time students is carried out in accordance with the general standards established by chapters 10 and 11 of the Labor Code of the Russian Federation.
With persons studying full-time education, it is possible to conclude an employment contract, both for an indefinite period, and with an indication of the period of its validity (Article 59 of the Labor Code of the Russian Federation).
When establishing the length of working time, it is necessary to take into account the restrictions established by Article 92 of the Labor Code of the Russian Federation for students of educational institutions under the age of eighteen who combine work with study during the academic year. For this category of student workers, a reduced working time is set - no more than 18 hours per week.
At the request of a student employee and with the consent of the employer (Article 93 of the Labor Code of the Russian Federation), a student employee may be assigned part-time work, namely: part-time work (in case of a decrease in the number of hours of work per day compared to what is established in an organization by a routine or schedule, for example, instead of 8 hours - 3), or a part-time working week (in case of a decrease in the number of working days). It is also possible to establish a part-time working week with part-time work (for example, 3 working days a week for 3 hours). The condition of part-time work must be reflected in the employment contract or drawn up as an addition to it.
According to Article 173 of the Labor Code of the Russian Federation and Article 17 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Vocational Education”, the employer is obliged to provide unpaid leave to employees - students of full-time institutions of higher professional education, combining study with work , for passing intermediate certification (passing tests and exams) - 15 calendar days in academic year; preparation and defense of the final qualifying work (thesis project) and passing the final state exams - 4 months; passing the final state exams - one month.
These benefits are provided to persons receiving higher education for the first time (Article 177 of the Labor Code of the Russian Federation) in educational institutions with state accreditation (Article 173 of the Labor Code of the Russian Federation). In the event that a higher education institution does not have state accreditation, benefits may be established in a collective agreement or included as an additional condition in an employment contract.
How many hours can an adult full-time student work?
Answer
An adult full-time student can be hired full-time. If the student is not a disabled person of the 1st or 2nd group, the work does not belong to the category of harmful, then he can work 40 hours a week.
A student can be hired under an employment contract or under a civil law contract (contract, paid services, etc.).
The legislation does not establish restrictions on the ability of a student to work during study hours.
At the request of an adult student and with the consent of the employer, the employee may be assigned part-time or flexible working hours (Article 93, Part 1, Article 102 of the Labor Code of the Russian Federation).
In order for the student to have time to study and work, he can be given part-time work or a flexible work schedule (you can do both at the same time). This is determined by the agreement of the parties, the student does not have the right to demand the establishment of part-time work after the conclusion of the employment contract (with the exception of the last 10 months of study, when, at the request of a student of an evening student or part-time student, the work week can be reduced by 7 hours, but the employer must pay for the indicated 7 hours employee 50% of average earnings (full-time students do not have this benefit.)
It is possible to conclude a fixed-term employment contract with a full-time student.
The student does not have special guarantees when establishing a probationary period, if the special provisions of Art. 70 of the Labor Code (minor, pregnancy, etc.).
Registration of labor or civil law relations is carried out as with all other employees.
More details in the materials of the System:
1. Answer: Is it possible to hire a full-time student who is a full-time student. Work and study hours are the same during the day
The legislation does not establish restrictions on the ability of a student to work during study hours.*
At the request of an adult student and with the consent of the employer, an employee or (, Labor Code of the Russian Federation).
When hiring a minor student, the employer is obliged - no more than half of the norm established for employees of the appropriate age ().
Thus, an employer can accept a full-time student who combines work with study.
2. Answer: Is it possible to set a trial period for a student
The condition for testing an employee is established at the conclusion of an employment contract and only by agreement of the parties. For certain categories of employees, the legislation contains. Students themselves do not fall into these categories. However, the ban applies, in particular, to minors. Therefore, if a student is under 18 years old, the employer is not entitled to establish a probationary period for him when applying for a job. This follows from the provisions of Article 70 of the Labor Code of the Russian Federation.
Thus, the employer can establish a probationary period for a student if generally established restrictions on the appointment of a probationary period do not apply to him.
3. Answer: In what cases is the organization obliged to pay the employee study leave
Paid study leave must be provided:
Employees who study at universities in part-time, part-time (evening) form of education ();
Employees who study in institutions of secondary vocational education (technical school, college, etc.) in part-time, part-time (evening) form of education ();
Employees who study in educational institutions of primary vocational education (college, training course, etc.) ();
Employees who study in the evening (shift) educational institutions(schools, gymnasiums, etc.) ().
The employer is obliged to provide study leave to the specified employees, regardless of how long the employee has worked in the organization. Restrictions on the length of service giving the right to study leave are not established in the legislation.
Study leave is payable only if the following conditions are met simultaneously:
An employee receives an education of this level for the first time (or the organization has sent an employee who already has an education of this level to training on the basis of an agreement concluded by it with an employee) ();
Vacation is associated with passing exams or defending a diploma ();
The educational institution has state accreditation (, Labor Code of the Russian Federation).
The organization can provide educational leave to employees who study at institutions that do not have state accreditation. To do this, such a condition must be prescribed in the labor (collective) agreement (, Labor Code of the Russian Federation).
The success of training is determined by the educational institution where the employee is studying, in accordance with internal documents, in particular, the charter. Confirmation successful learning an employee for an employer is a certificate-call issued to an employee who combines work with education, and testifies to his admission to the next certification: intermediate or final (, orders of the Ministry of Education of Russia and). The employer does not need to require any other documents to confirm the success of the training (for example, a certificate of no debt), as well as wait for the end of the current session to pay for the study leave.
The organization is not obliged to provide part-time employees with study leave. The right to study leave arises for employees only at their main place of work. This is stated in Article 287 of the Labor Code of the Russian Federation.
If an employee studies simultaneously in two educational institutions, paid leave is granted only in connection with studying in one of them at the employee's choice ().
The duration of the study leave must be indicated in the certificate-call from educational institution(). Standard forms of certificates are established by orders of the Ministry of Education of Russia and. The first of these forms is established for employees receiving higher education, the second - for those receiving secondary vocational education.
However, there are restrictions on the duration of paid study holidays. The maximum length of paid study leave that an organization is required to provide to employees is given in.
Study holidays are paid in the same way as annual ones, based on average earnings (). Average earnings are determined based on the employee's salary for the last 12 months (). In this case, all calendar days of study holidays, including holidays, are subject to payment (Regulations, approved).
Vacation pay for an employee going on study leave must be paid three days before it starts. It does not, however, affect the duration of vacation pay. This conclusion follows from Article 136 of the Labor Code of the Russian Federation.
Nina Kovyazina
4. Answer: How to set the part-time mode
The normal working week should not exceed 40 hours (). During the week, working time must be distributed so that its total duration does not exceed this limit. The most common option is an eight-hour working day with a five-day working week (weekends are Saturday and Sunday).
The current working hours in the organization should be fixed in and () contracts ().
In addition to the normal working hours, labor legislation provides for a regime. 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.
Part-time work should be distinguished from. The latter is established for certain categories of employees and is counted as a full labor rate (). If we are talking about the part-time work week, all non-working days in this case, they are reflected as days off ().
The organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.
At the same time, in some cases, the administration is obliged to establish such a regime for an employee. This must be done as requested:
pregnant woman;
One of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
An employee who cares for a sick family member in accordance with a medical report.
This procedure is provided for by the Labor Code of the Russian Federation.
In addition, an organization can enter part-time and.
The establishment of a part-time regime at the initiative of the employer is allowed (- if it is available in the organization) during the period of organizational and technical measures that entail significant changes in working conditions. If such changes may lead to mass layoffs, the administration has the right to establish a part-time regime for up to six months. Such a restriction is provided for in Article 74 of the Labor Code of the Russian Federation.
At the same time, employees must be notified in writing of upcoming changes two months before they are carried out (with mandatory familiarization under the signature) (). The consent or disagreement of an employee to work part-time can, for example, be registered in the .
If an employee in these circumstances refuses to work part-time, he can be fired only in the manner prescribed by part 1 of article 81 of the Labor Code of the Russian Federation () (). In this case, he needs to pay severance pay and the average monthly earnings for the period of employment ().
The part-time work regime may 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 (). To do this, conclude an additional agreement with the employee to the employment contract on changing the working hours (). 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.
An employee who is set to work part-time 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 the Labor Code of the Russian Federation.
Employment Service Notice
The employment service must be notified about the introduction of part-time work in the organization. This must be done within three business days of the decision being made. Such requirements are established in paragraph 2 of Article 25 of the Law of April 19, 1991 No. 1032-1 and are explained in.
There is no unified notification form, so compose it in .
The cancellation of the part-time regime earlier than the period for which it was established must be done - if it is available in the organization ().
Nina Kovyazina
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
5. Answer: How to organize flexible working hours
Applying flexible working hours
The procedure for applying the flexible working time regime is given in approved. The norms of this resolution are subject to application insofar as they do not contradict the Labor Code of the Russian Federation ().
Flexible working hours are introduced to achieve certain goals, for example, to:
Improving labor discipline;
The performance of the employee;
Ensuring a combination of the interests of the employee with the interests of the organization.
In continuous production;
In conditions of three-shift work in discontinuous production;
When working in two shifts, if there are no free jobs at the junctions of shifts;
In the presence of other specifics of production.
Establishment of flexible working hours in the department
To introduce such a regime for certain categories of employees, for example, an entire division of an organization, prescribe the application of the flexible working hours regime in (, Labor Code of the Russian Federation).
Set the summarized accounting of working hours for employees working in the flexible working hours mode, if the daily or weekly working hours provided for this category of employees () cannot be observed. Specify the procedure for applying summarized accounting in the Labor Regulations ().
Establishing flexible working hours for individual employees
It is not required to enter information on the application of the flexible working time regime into the Labor Regulations if the regime is established by agreement with an individual employee, for example:
To a new employee when hiring him;
Already working employee.
Since the flexible working time regime applied to the employee will differ from the generally established work regime in the organization, then:
For a new employee, include a flexible working time clause in the employment contract;
For an already working employee, draw up to his employment contract.
Such rules are established in and Article 100 of the Labor Code of the Russian Federation.). article 102, Recommendations approved .
Employees are paid extra for overtime. Any additional payments can be established in collective or labor agreements with employees. The main thing is that they should not be less than the compensation guaranteed by law (one and a half times for the first two hours of overtime and double for the next). This is stated in the Labor Code of the Russian Federation.
Can an employee combine flexible working hours and part-time working hours?
An employee can work in flexible working hours with a part-time (shift) and (or) part-time work week. The norm of the employee's working hours for the accounting period will decrease accordingly, taking into account the duration of his working week (
There have been important changes in the work of personnel officers that should be taken into account in 2019. Check in the game format whether you have taken into account all the innovations. Solve all the tasks and get a useful gift from the editors of the Kadrovoe Delo magazine.
Read the article: Why should a personnel officer check accounting, is it necessary to submit new reports in January and what code to approve for a time sheet in 2019
The editors of the Kadrovoe Delo magazine found out which habits of personnel officers take a lot of time, but are almost useless. And some of them may even cause bewilderment in the GIT inspector.
Inspectors of the GIT and Roskomnadzor told us what documents should never be required from newcomers when applying for a job. You probably have some papers from this list. We have compiled full list and selected a safe substitute for each forbidden document.
If you pay vacation pay a day later than the deadline, the company will be fined 50,000 rubles. Reduce the notice period for the reduction by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.
