Working hours at 0 85 rates. When hiring (0.85 rate), the order indicates the salary for the full rate and it is written that the payment is made in proportion to the working time? Actual personnel changes
The issue of applying or not applying reduction factors to HP and SP
Another "masterpiece". Starring: Ministry of Construction and Ministry of Justice. The first nodded at the second, having laid out to all the document that canceled the reduction coefficients for HP and SP. And what about us, the estimator, what to do about it? "Live as you want" ... does it work with your HPs and JVs? Let's understand in detail.
A very interesting letter on invoices and estimated profit (Letter of the Ministry of Justice of Russia dated April 27, 2018 No. 01/57049-YL). After conducting a legal examination of the letter of the State Construction Committee (Rosstroy) No. 2536-IP / 12 / GS dated November 27, 2012. on the application to the norms of overhead costs at the current price level of a reduction coefficient - 0.85, to the norms of estimated profit at the current price level - a coefficient of 0.80 and additionally (for organizations operating under the simplified taxation system), a coefficient of 0.94 to the norms of invoices expenses of the Ministry of Justice BELIEVES the letter of the State Construction Committee (Rosstroy) No. 2536-IP / 12 / GS of 27.11.2012. admit not applicable.
From the very beginning of this whole story, the legal "purity" of the letters on the introduction of decreasing coefficients to HP and the joint venture, and the letter canceling them, is very doubtful! At one time, the MDS was introduced by resolutions of the Gosstroy of Russia, respectively, the introduction of changes and (or) additions to them should be drawn up with a document of no less status - at present, this type of document is an order of the Ministry of Construction of Russia.
With extra-budgetary financing of construction objects the issue of applying or not applying reduction factors to the standards for overhead costs and estimated profit is considered within the framework of the contractual relationship.
Can an organization hire a person at 0.8 rates, if 1 rate is assigned to this position in the staffing table? In fact, the volume of work is estimated at 0.8 rates. The management of the organization is not going to make changes to the staffing table regarding this rate, since the volume of work will be increased in the future.
According to the Instructions on the Application and Completion of Forms of Primary Accounting Documentation (approved by Resolution of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1 "On Approval of Unified Forms of Primary Accounting Documents for Labor Accounting and Payment") the staffing table (unified form N T-3) is structure, staffing and staffing of the organization in accordance with its Charter (Regulation). The staffing table contains a list of structural divisions, the names of positions, specialties, professions with an indication of qualifications, information on the number of staff units.
Thus, it seems that the staff unit (rate) is an official or work unit provided for by the staffing table of the enterprise.
The number of staff units of an enterprise is determined by its needs for certain types of work, the degree of urgency of their implementation and economic feasibility.
In practice, such a concept as "rate" is used mainly by personnel workers, but labor legislation does not contain it. If we proceed from the meaning that is embedded in this term, then the rate can be defined as the ratio of the amount of time worked to the norm of working time that an employee must work in order to receive a full salary.
According to Art. 91 of the Labor Code of the Russian Federation, normal working hours cannot exceed 40 hours per week. For some categories of workers, reduced working hours have been established. If an employee fulfills the established norm of working hours, then he is considered to be working full time.
At the same time, the indication in the staffing table of information about a whole staff unit does not deprive the employer of the right, by concluding an employment contract with a new employee, to establish in it the duration of working hours corresponding to the part-time rate. So, for example, according to the first part of Art. 93 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, can be established both upon hiring and subsequently, part-time (shift) or part-time work week.
Since labor relations arise between an employee and an employer on the basis of an employment contract (Article 16 of the Labor Code of the Russian Federation), it is this document, and not the staffing table, that, in accordance with labor legislation, establishes the working hours of the employee employed.
According to Art. 56 of the Labor Code of the Russian Federation, an employment contract is an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and this agreement, timely and in full pay wages to the employee, and the employee undertakes to personally perform the job function defined by this agreement, to comply with the internal labor regulations in force for this employer.
Accordingly, by virtue of Art. 56 and part one of Art. 93 of the Labor Code of the Russian Federation, the parties to the employment contract (employer and employee), when concluding it, have the right to provide that the work will be carried out on a part-time basis.
It should be borne in mind that according to Art. 57 and Art. 100 of the Labor Code of the Russian Federation, if a specific employee is set for a working time and rest time that differs from the general rules in force for this employer, such a condition must be included in the text of the employment contract.
In other words, the condition for the establishment of a part-time working day or working week for an employee must be necessarily fixed in an employment contract. In addition, in the employment contract, when establishing a part-time working day for an employee, it is necessary to indicate its specific duration, and when establishing a part-time working week - specific working days.
In conclusion, we note that when working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Part-time work does not entail any restrictions for employees on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
Thank you for your cooperation. Question: At the initiative of the employer, we transfer the employee to 0.85 rates, the employee does not object to this. Yes, we are obliged to make an additional agreement. Is it necessary from the employee a personal statement to transfer it to 0.85 rates. His total salary (after all, there are still allowances) remains the same, that is, it does not decrease. Thanks.
Answer
Answer to the question:
It should be noted that 0.85 rate work means part-time work.
According to Part 1 of Art. 93 of the Labor Code of the Russian Federation by agreement between the employee and the employer can be established as when hiring, and subsequently part-time (shift) or part-time work week.
By virtue of Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to amend the terms and conditions of an employment contract determined by the parties shall be concluded in writing. In this case, prior notification of the employee is not required. Actually, like a personal statement from an employee.
Thus, if the employee agrees to the establishment of part-time working hours, then it is necessary to conclude an additional agreement to the employment contract, which should indicate the new conditions and the date from which they come into force.
If part-time work is established for a specific period determined by the agreement of the parties, then the wording of the additional agreement may be as follows: "An employee from __________2014 to __________2014 is assigned part-time work with a duration of _______ hours per week." The specific working hours are also indicated, i.e. the duration of the working week, the time of the beginning and end of the working day, breaks, etc. A sample is given in paragraph 2 of the Appendix to this answer.
On the basis of an additional agreement, an order is issued on the establishment of part-time working hours, indicating the date of its establishment, the duration of working hours and the specific working mode of the employee, which differs from the generally established one. This order must contain a period for establishing part-time working hours, if it is established for a period determined by agreement of the parties.
There is no unified form for the order on the establishment of part-time work, so the organization develops it independently. The order must indicate the surname, first name, patronymic of the employee, the reason for which part-time working time is established for him (by agreement of the parties), and the date of introduction of part-time work (if necessary, the date of its termination or the expiration of the period for which it installed). At the basis of the order, the details of the additional agreement to the employment contract should be indicated (in some cases, the documents submitted by the employee, which served as the reason for the establishment of part-time work). The employee must be familiarized with the order against signature. A sample is given in paragraph 3 of the Appendix to this answer.
Note:
In this case, the transfer does not take place. We are talking about changing the working hours.
If such a change was made by agreement of the parties (an additional agreement was signed), then an additional statement from the employee is not required.
On practice:
If the initiative came initially from the employer, then he could send the employee a proposal to change the work schedule (if other conditions change. Then also reflect these changes). On the proposal itself, you can provide a place for the employee's consent to such changes: "I agree with the change in the regime (transition to 0.85 rate) from 01.02.2015." If the employer sets an incomplete time according to the rules of Art. 74 of the Labor Code of the Russian Federation, the employer notifies the employee of the upcoming changes 2 months before their entry into force.
If the initiative comes from the employee, then, as a rule, he writes a statement, the employer imposes a resolution “Agreed, OK for registration”.
If add. the agreement is executed, then the absence of an employee's statement cannot be considered as any violation.
Details in the materials of the System:
1. Answer: How to set part-time mode
Working time modes
A normal working week should not exceed 40 hours (). During the week, working hours 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 (weekend - Saturday, Sunday).
The working hours operating in the organization must be fixed in and () contracts ().
In addition to normal working hours, labor legislation provides for a regime. Part-time work means a part-time 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 standard (). If we are talking about a part-time work week, all non-working days in this case are reflected as holidays ().
The organization can transfer any employee to work with an incomplete schedule at his request (application) or by agreement of the parties to the employment contract.
Moreover, in some cases, the administration is obliged to establish such a regime for an employee. This must be done at the request:
a pregnant woman;
one of the parents (guardian, trustee) with a child under the age of 14 (a disabled child under the age of 18);
an employee who takes care of 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, the organization can enter part-time work and.
Employer's initiative
The establishment of a part-time regime at the initiative of the employer is allowed (if available in the organization) during the period of organizational and technical measures that entail significant changes in working conditions. If such changes can lead to mass layoffs, the administration has the right to establish a part-time regime for up to six months. Such a limitation 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 the upcoming changes two months before their implementation (with mandatory familiarization with signature) (). The consent or disagreement of an employee to work part-time can, for example, be registered in the employee itself.
If an employee, in these circumstances, refuses to work part-time, he can be dismissed 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 average monthly earnings for the period of employment ().
Attention: if the employees prove that the part-time regime was introduced in the absence of significant changes in the organizational and technological working conditions in the organization, such actions of the administration may be recognized by the court as illegal. In this case, the organization may be obliged to restore the employee to the previous working conditions. This conclusion follows from the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.
Documenting
Part-time work can be provided for in an employment contract or established by order of the head. In the latter case, if for an employee this regime differs from the general one operating 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 have a list of employees who are subject to part-time work.
Salary
A part-time employee 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 employee rights are not limited. This procedure is established by the Labor Code of the Russian Federation.
Whether the employee needs to set a break for rest and meals. An employee works part-time
Yes need.
Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights (). One of these rights is the employee's right to rest and meal breaks.
The time for granting a break for rest and meals and its specific duration are established by the Labor Regulations or by agreement between the employee and the employer. Moreover, the duration of such a break (which is not included in working hours) should be no more than two hours and at least 30 minutes. This is stated in the Labor Code of the Russian Federation.
Thus, the employer is obliged to provide the employee with a break for rest and meals, regardless of the working hours and the length of the working day.
The lawfulness of this approach was also confirmed by the court (see, for example,).
Employment Service Notice
The introduction of part-time work in the organization must be notified to the employment service. This must be done within three working days after making a decision on this. Such requirements are established in paragraph 2 of Article 25 of the Law of April 19, 1991 No. 1032-1 and explained in Art.
There is no unified notification form, so write it in.
The cancellation of the part-time mode earlier than the period for which it was established must be made - if it is available in the organization ().
Whether it is necessary to notify the employment service about the establishment of a part-time mode for only one employee
The answer to this question depends on the order in which part-time is introduced.
At the same time, part-time work can be established by agreement between the employee and the employer (). In such a situation, it is not required to send a corresponding notification to the employment service.
Similar clarifications are contained in.
Thus, if a part-time regime is introduced at the initiative of the employer, then he is obliged to notify the employment service, even if such a regime is introduced in relation to one employee. If a special regime is introduced by agreement between the employee and the employer, then there is no need to notify the employment service.
Is it possible to set a part-time employee for a part-time work week
Yes, you can.
The Labor Code of the Russian Federation does not contain a prohibition on establishing part-time and part-time work at the same time. Such an establishment of part-time work is fully consistent with the freedom of an employment contract (Art., Labor Code of the Russian Federation). In this regard, in case of a part-time work week, with the consent of both parties, an employee can be assigned a part-time work. This conclusion is confirmed by judicial practice (see, for example,).
Nina Kovyazina
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
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2. Forms:Supplementary agreement to the employment contract SUPPLEMENTARY AGREEMENT No. 1 to the employment contract from 15.05.2007 № 475 Moscow 03/31/2010 "Alpha", we call and I hereinafter "Employer", represented by Director A.V. Lviv, acting on the basis Of the Charter, on the one hand, and chief accountant A.S. Glebova, we call and I hereinafter, the "Employee", on the other hand, entered into an agreement to amend the terms of the employment contract from 15.05.2007 № 475 . 1. Item 3
of the contract shall be stated in the following wording: “The employee is established part-time work week with three days off: Friday, Saturday, Sunday. 2. Item 4
of the contract shall be stated in the following edition: “The employee is 3. The rest of the contract from 15.05.2007 № 475 leave unchanged. 4. This agreement enters into force on 01.04.2010 . Signatures of the parties: A copy of the agreement received A.S. Glebova |
3. Forms: Order on the establishment of a part-time working week
ORDER No. 256
on the establishment of a part-time work week
Moscow 03/31/2010
In accordance with article 93 of the Labor Code of the Russian Federation
I ORDER:
1. To establish the chief accountant A.S. Glib mode of part-time work from 01.04.2010:
- the beginning of the working week is Monday;
- the end of the working week is Thursday.
Working hours:
- start of work - 9.00;
- end of work - 18.00;
- break for meals and rest - 13.00–14.00.
2. Bookkeeping wages A.S. Glebova to produce proportionally
time worked.
Reason: statement by A.S. Glebova dated 03/31/2010.
Director A.V. Lviv
4. Forms:Part-time Notice
NOTIFICATION
on the establishment of a part-time work week
Moscow 19.01.2010
In accordance with part 5 of article 74 of the Labor Code of the Russian Federation, we inform you about upcoming changes from 01.04.2010 to the conditions of the employment contract dated 15.05.2007 No. 475, related to changes in technological working conditions and the threat of mass layoffs.
In this regard, from 04/01/2010 to 08/31/2010, the following working mode will be introduced on a part-time basis:
- working week - four days with three days off: working days - Monday, Tuesday, Wednesday, Thursday; days off - Friday, Saturday, Sunday;
- working hours - 32 hours a week;
- working hours: from 9.00 to 18.00;
- break for rest and meals from 13.00 to 14.00.
Salaries will be paid in proportion to the hours worked.
We inform you that in case of refusal to continue working in a part-time working mode, the employment contract with you will be terminated in accordance with paragraph 2 of part 1 of article 81 of the Labor Code of the Russian Federation. In this case, you will be provided with appropriate guarantees and compensation.
If you agree or disagree to continue working part-time, please inform the HR department by January 31, 2010.
Director A.V. Lviv
The notification was received by:
19.01.2010 A.S. Glebova
I agree with the transition to part-time work in accordance with this notice.
26.01.2010 A.S. Glebova
Best regards and wishes for a comfortable work, Ekaterina Zaitseva,
Expert Systems Personnel
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Leading questions in 1 day
- Dear Colleagues! For the first time I am trying to fill in the PFR program "List of preferential professions", version 3.6.5. I broke my whole head: the instruction seems to be like 2016, while the interface described in it looks completely different from the real window of the program. Tell me, filling out the item "Positions and the list by name": 1) whether it is necessary to put the employee's date of birth (there is no such column in the instructions at all); 2) how to set the end date of the period for employees who quit: 12/31/2017 or the date of resignation? And the same question about those who are not accepted from the beginning of the year - the beginning of the period 01/01/17 or their admission date? 3) in general, what periods should be reflected for the employee: one from 01/01/2017 to 12/31/2017 or, as in the SZM experience - periods of work, maternity leave, vacations and other things? 4) how to set a share of the bet, for example, 0.5 - the program swears, writes that "The value of the" Rate "field (0.5) is incorrect. The rate must be a number from 1 to 2." And if my employee worked like that on a half-time? 5) How to count the maternity girls? 6) A column with a tick "Dismissal in the next period" - what is this for? 7) and lastly, how to determine when an employee will go to a preferential pension? There are many questions, but I do not understand the instructions of the Pension Fund of the Russian Federation, well, no way! Maybe you have a clearer option? Thank you!
- Good afternoon, dear colleagues! The new accounting department decided to introduce a summarized accounting of working hours for some employees. These workers have irregular working hours and weekends are not Saturdays and Sundays, but who have what ... I have never encountered this. Please tell me how to draw up an additional agreement on summarized accounting.
- Colleagues, good afternoon! Does anyone have new people with disabilities in their practice? Please help me figure out the new IPRA form! Either skis do not go, or I don’t understand anything: what kind of work to offer a newly-made disabled person, what working conditions to create for him? Previously, in the IPR, everything was clearly described - what is possible for a disabled person, which is categorically impossible. Now nothing is clear ... I phoned the ITU bureau (with great difficulty); What, I say, to do with a disabled person, can you tell me? Not prompted. They told the Ministry of Defense to send and determine the suitability for work. If suddenly an employee is not suitable for his main profession, then for all the vacancies he should be driven to the Ministry of Defense or something, until he is good for something ?! Or am I dull and everything is much easier? The only benchmark that I see is the degree of ability to work. But the benchmark is so-so, too vague. Studied 181-ФЗ dated November 24, 1995, MZSR Order No. 486n dated June 13, 2017, MZSR Order No. 1024n dated December 17, 2015
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