Transition to part-time work. Part-time work week

The transfer of employees to a part-time work week is a measure necessary to save the enterprise's funds. As a rule, it is relevant in times of financial crisis. With a lack of economic resources, the employer has two options for solving the problem: either a reduction in staff, or a reduction in the working week and a commensurate reduction in spending on salaries. The latter measure is the preferred one.

According to Convention No. 175 and Regulations of the State Labor Committee No. 111 / 8-51, a week is considered incomplete if the duration is less than 40 hours. Part-time transfer at the initiative of the employee and at the initiative of the employer are procedures that differ significantly from each other.

The transition to a new regime at the initiative of the workers

The employee has the right to ask the employer to reduce the working hours. To do this, you need to send an appropriate application to the director. The transition to a partial week can be done in three ways:

1. Reducing the length of each working day.
2. Reducing the number of shifts per week while maintaining the length of the working day.
3. A combination of these options.

In the application, the employee must indicate which particular mode reduction scheme is preferable for him. You also need to enter the following information:

• Preferred shift duration.
• The duration of the new regime.
• The date the schedule was introduced.

Article 93 of the Labor Code of the Russian Federation contains a list of employees to whom the employer cannot refuse to transfer for an incomplete week:

• Pregnant.
• Parents of a child under 14 years of age or under 18 years of age if he has a disability.
• A person who takes care of a relative who is seriously ill.
• Parents of a baby up to 1.5 years old.

If the employer refused to reduce the work of these categories of employees, they can challenge this decision in the judicial authority. After the manager has received the application, he must discuss the future work schedule with the employee. As a result of the agreement, an agreement is drawn up, which is attached to the employment contract. The agreement must be drawn up in two copies. Each of them is signed by the employee and the employer.

NOTE! There are no restrictions in the legislation regarding the reduction of the working week.

Part-time transfer at the initiative of the employer

An incomplete week can be introduced either when an employee is hired, or if there is already a specialist in the state. The introduction of the schedule in question is quite convenient for the employer. This is the preferred option for downsizing. When carrying out the procedure, it is required to be based on current regulations.

Part-time working week makes sense to enter in the following cases:

• New equipment was put into operation at the enterprise.
• Various developments, including those obtained as a result of scientific research, have been introduced.
• Reorganization carried out.
• The company has changed its profile.
• New methods of control and planning were introduced.
• Production management has changed.
• Jobs have been improved after certification.

IMPORTANT! Do not confuse the concepts of "reduced" and "Incomplete" weeks. Reduced working hours - 36 hours a week instead of 40 (24 for underage employees) - are provided for special working conditions or special categories of workers. And incomplete can be arbitrary and is established by agreement, both during employment and later.

When introducing a new schedule, the employer must coordinate his initiative with the trade union. To do this, it is necessary to draw up an appropriate draft order. The document contains the following information:

• Date of introduction of the new schedule.
• Mode form (reduction of hours or days).
• Employees for whom the schedule is entered.
• Reasons for innovation.

Within five days, the trade union is obliged to prepare a response in writing. The employer must listen to the opinion of the institution. However, he has the right to go against the trade union. But it must be provided that the employees of the trade union have the right to apply to the labor inspectorate or the judicial authority.

IMPORTANT! The part-time work week is introduced for a limited period. The maximum period is six months, which is established by part 5 of article 74 of the Labor Code of the Russian Federation.

When approving a new schedule, keep in mind the following rules:

• 2 months before the introduction of the new schedule, employees must receive appropriate notifications.
• Payment is made in proportion to working hours. That is, the company reduces the cost of paying salaries.
• Work on a reduced schedule is included in the length of service.
• Such work does not affect the duration of the vacation and the provision of other guarantees.

The transition to a part-time week - this, as a rule, means the appearance of another day off. These days will not be paid.

• The schedule of reduced working hours is not displayed in any way in the work book.
• Such employees receive sick leave, maternity, vacation and other payments in full, without reductions.
• It is not necessary to issue an order to change the staffing table.
• It is allowed to hire another employee on a part-time basis with the same part-time work schedule, or you can apply for a combination with another employee.

In addition, with a part-time work week, employees lose the right to a “short” day before a holiday or weekend.

What if employees don't want to?

Hired personnel have the right to disagree with the requirements of the employer. No one can force a person to work according to a different schedule if he does not want to. However, the legislation does not require the authorities to take into account the will and seek the consent of employees for the introduction of a part-time working week, but only to notify in advance. What response options does an employee have who is categorically not satisfied with such a schedule?

1. Leave work of your own free will or by agreement of the parties.
2. Be fired due to a reduction in the number or staff (at the initiative of the employer).

The procedure for transferring to an incomplete week

Consider the procedure for establishing innovations at the initiative of an employee:

1. Receiving a statement from an employee.
2. Drawing up an order for an incomplete schedule.
3. Drawing up a supporting agreement with relevant information, which is attached to the employment contract.

The procedure for approving the schedule at the will of the employer:

1. Drafting an order.
2. Referral of the project to the union.
3. Employees are notified of schedule changes.
4. Issuance of the corresponding order.
5. Sending notice of schedule changes to the employment center.

Notification to the employment center must be sent within three days from the date of approval of the decision. If the employer does not do this, he is liable in the form of a fine. The manager will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. Changed data must also be sent to the statistical authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics authority by the 8th day of the month following the reporting quarter.

Features of drawing up an order for the approval of an incomplete week

When introducing an incomplete week, an order must be issued. It is compiled in free form, but it must necessarily reflect the following information:

• Reasons for innovation.
• Graph form.
• The length of the working day.
• Length of lunch break.
• Schedule expiration date.
• The composition of employees or departments for which a partial week is introduced.
• Features of the calculation of earnings.
• Forms of payment of funds.

The order must be signed by all key persons of the company: the head, the chief accountant, the manager of the personnel department, the employee in respect of whom the schedule is being introduced.

IMPORTANT! If the schedule is introduced in relation to a specialist who gets a job in a company, this must be recorded in the order for hiring an employee.

What can not be done with the introduction of a part-time work week?

The new schedule must comply with the law. The employer must keep in mind the following prohibitions:

• The introduction of an incomplete week for a period exceeding 6 months.
• Application of the schedule: rest for a week, work for a week.
• The introduction of a "floating" chart. A “floating” schedule means an unequal number of hours per week.

The employer is not recommended to contradict the opinion of the trade union. This can be done, but disagreements are fraught with a court or an audit by the labor inspectorate. The manager must keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.

Legislative innovations regarding part-time work

In 2017-2018, some changes were made to the laws regulating working hours, including part-time.

1. From June 26, 2017, it is possible to establish not only an incomplete shift or a part-time working week, but also to reduce the daily length of the working day (Article 93 of the Labor Code of the Russian Federation).
2. The law allowed the employer not to arrange lunch breaks if his staff works on a reduced schedule with working hours of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).

Commentary on Article 1. The term "part-time work" covers both part-time work and part-time work.
With part-time work, the number of hours of work per day is reduced compared to what is established in the organization by the schedule or schedule for this category of workers (for example, instead of 8 hours - 4).
Part-time working week means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish an employee with a part-time working week with part-time work (for example, 3 working days a week for 4 hours each).
Unlike reduced working time, which is a full measure of the duration of work established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time work is only part of this measure. Therefore, with part-time work, remuneration is made in proportion to the hours worked, and with piecework pay, depending on the output.
Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both when applying for a job, and during the period of work. The condition of part-time work must be reflected in the employment contract or drawn up as an addition to it.
2. The law does not limit the circle of persons for whom part-time work is allowed. It can be established by any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish for the employee, at his request, a part-time working day or a part-time working week. Thus, part-time work is mandatory at the request of: a pregnant woman; one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal and other regulatory legal acts of the Russian Federation.
Consolidation of the right to mandatory establishment of a part-time regime of only one of the parents who has a child under the age of 14 (a disabled child under 18) means that if the need for such a regime arises with the second parent, he must resolve this issue in in general order, i.e. by agreement with the employer.
In addition to the above categories of persons, the employer is obliged to establish part-time work at the request of the disabled person, if such a regime is necessary for him in accordance with the individual rehabilitation program, which is mandatory for organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Disabled Persons ).
The refusal of the employer to satisfy such a request may be appealed to the labor dispute resolution bodies.
3. Part-time work is established for a fixed period or without specifying a period. At the same time, work on a part-time or part-time working week is indicated in the content of the employment contract (see article 57 and comments to it).
Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and study leave; the time of work is counted in the length of service as full-time work; weekends and holidays are provided in accordance with labor legislation.
In work books, a mark on work with part-time work is not made.
On part-time work for women and other persons on leave to care for a child under the age of 3, see Part 3 of Art. 256 and comment. To her.
Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible in connection with changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of this organization for up to 6 months.
For the transfer to this mode, see comments. to Art. 74.
Persons hired on a part-time or part-time working week, as well as those employed at half the rate (salary) in accordance with an employment contract, are included in the list of employees of the organization. In the headcount, the specified employees are taken into account for each calendar day as whole units, including non-working days of the week, due to employment.
Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to part-time work, when determining the average number of employees, are taken into account in proportion to the hours worked (see Instructions for filling out the form of federal statistical observation N 1-T "Information on the number and wages of employees", approved by the Decree of the Federal State Statistics Service of October 13, 2008 N 258 // Questions of Statistics. 2009. N 1).

Getting a job between the parties: the employer and the employee draw up an employment contract. Thanks to the document, at the initiative of the head or employee, on a legal basis, it is possible to establish a certain labor regime. If for some reason an employee needs a part-time job, the employer does not have the right to refuse him. To the question: how the process of changing the work schedule takes place correctly and what is the difference between a shortened and part-time working day, you can get an answer in the material.

Part-time mode - article 93 of the Labor Code of the Russian Federation

Not everyone is suited to a full-time work schedule. By agreement of the parties, on the basis of the provisions, some employees may apply for a reduced amount of time.

You can draw up an agreement to reduce working days for the following categories of people:

• a pregnant woman;
• A citizen who cares for a child under 14 and up to 18 if the smaller family member is disabled;
• An employee who, according to the indications of a medical specialist, is contraindicated in difficult working conditions.

In such cases, the employer must establish a reduced time regime for the specialist. The amount of wages depends on the hours worked at work. As for annual leave and accrual of seniority, the conditions for a shortened working day do not differ from a full-fledged schedule, based on the provisions of the Labor Code of the Russian Federation.

Who can set up part-time work?

The employer will establish and, as a result, regulate the temporary regime of the employee. The part-time work regime at the initiative of the employer includes the following procedure:

• The employer issues an order based on .
• Notifies employees of the decision.

If the employee agrees with the changed working conditions - a reduced number of days, the manager, together with the employee, must change the rules of the contract. If the employee does not agree to a reduced schedule at the initiative of the head, the official issues an order for his dismissal.

Before notifying the wards of a change in working hours, there must be good reasons for this and a salary corresponding to the changed schedule.

The reasons that may influence the decision to change working conditions for employees from full time to reduced work include: mass layoffs. The manager changes the workflow for a reduced number of days only for a good reason.

The process of establishing part-time work at the initiative of the employer

The employer can change the time schedule for employees to part-time work only on good grounds for no more than half a year. The boss must make a decision together with the trade union body.

The process of changing the operating time mode includes:

• Execution of an order as a result of a mass layoff. According to the provisions, the employer sets a reduced day if employees want to quit en masse due to poor production and technological working conditions;
• The head can draw up an order only taking into account the opinion of the trade union organization that operates within the company;
• If the boss and the trade union body have come to the conclusion that a schedule with a decrease in working hours is the only solution to eliminate the mass resignation from their posts, the bosses must notify the changed conditions of workers in advance;
• In case of consent, an agreement is drawn up and those chapters that include information on the production schedule of the wards are edited.

If the worker does not agree with the reduced regime that the manager wants to establish, there is a break in labor relations, based on paragraph 2 of part 1 . Even if the employer's initiative to change working conditions was not liked by the employee, all payments - salaries, compensations, benefits and additional bonuses must be implemented on the last day of care.

Change of working mode at the initiative of the employee

The part-time regime at the initiative of the employee is the same legal procedure as changing working conditions at the request of the authorities.

In order to issue a reduced day for an employee:

• Writes an application with a request to change the working hours. In order for the employer to agree, it is necessary to describe in detail the reason and grounds for which the employee wants to issue a reduced amount of working time in the document. The reason, as a rule, is of the following nature - caring for a sick family member, doctor's testimony about deteriorating health, pregnancy;
• In addition to the reason, you need to indicate the duration of such a schedule, the number of hours by which the workflow is reduced and the form of work - part-time or shortened week;
• It is better to attach a document to the application that will testify to the fact that it is necessary to make changes in working conditions.

With the consent of the employer, an additional agreement is drawn up as the basis for issuing an order on the decision to change the rules of the contract.

How to issue an order for the establishment of part-time work - sample

The application of the order guarantees a change in the working regime on a legal basis. In order for the procedure for the changed schedule to go quickly, you need to be able to correctly draw up an order.

Its layout includes:

• Information about the compiler;
• Full name of the organization;
• Reason for schedule change;
• The total number of days of work;
• Duration and form of the regime;
• Number of hours for rest;
• Method and amount of payments;
• Date of compilation and signature of the head.

You can see below how to fill out the order correctly. The order must be submitted to the employee for consideration. In case of violation of this rule, the order to change the schedule will not be considered valid.

Is there a difference between reduced and part-time work?

At the legal level, there is a difference between reduced and part-time work. Reduction of working days valid for certain categories of people - disabled people, minors, based on the provisions .

Part time can be established in accordance with the employment agreement, which is drawn up by the employee and superiors when hiring and subsequently, according to . With a reduced schedule, payment is made in full. With a reduced time schedule, the monthly capital depends on the number of hours worked.

Sometimes the employer, taking into account the specifics of the activity, does not require employees for the whole day. And he takes employees with their consent for part time. It can be both main workers and part-time workers. Yes, and the employee may have circumstances in the presence of which he is required to establish part-time.

Drawing up a time sheet for part-time work requires compliance with certain rules. Such a day is marked in the report card under the code "NS" or "25", the choice of the code is at the choice of the employee.

Who is legally entitled to part-time

There are a number of cases that allow the transition to a part-time job, when the employer cannot refuse:

The mother of a sick child is entitled to part-time work

Payment Features

Salary for part-time is accrued: either for the time actually worked, or for the volume of products produced (Article 93 of the Labor Code of the Russian Federation).

The method of payment is reflected in the employment contract. Based on the main provisions, the calculation of the wages due to an employee working in this mode is carried out.

An example of calculating the salary of a part-time worker

Loader A.N. Seregin, an employee of Alma LLC, was transferred to part-time work. Seregin's monthly salary is 35,000 rubles. Let's calculate how much he will receive with a part-time work week and a day.

1 calculation option. From October 1 to November 30, 2016, the working week is 4 days.

October calculation:

In October - 18 working days instead of 22.

Salary for October: 35,000: 22 x 18 = 28,636 rubles.

November calculation:

In November - 17 working days instead of 21

Salary for November: 35,000: 21 x 17 \u003d 28,333 rubles.

Option 2 calculation. From October 1 to October 30, 2016, Seregin works part-time for 6 hours a day, instead of 8.

October calculation:

In October - 22 work. day. For a full-fledged shift, this is 176 slaves. hour. (22 x 8 = 176 hours).

For part-time - 132 slaves. hour. (22 x 6 = 132 hours)

Salary for 1 working hour: 35,000: 176 = 198.86 rubles.

Seregin's salary for October:

198.86 x 132 = 26,250 rubles.

Salary is calculated in proportion to hours worked

Reduced Mode

The reduced regime is established on the basis of mutual consent of the subjects of labor relations, its main aspects are reflected in the document (agreement, contract, agreement) (Article 320 of the Labor Code of the Russian Federation).

Provisions of the Labor Code of the Russian Federation on a reduced working day (week)

The following articles of the Labor Code of the Russian Federation regulate the relationship between the employer and the employee in terms of reduced time:

In what cases can a shortened day be set at full employment

The eve of the holiday is a preparatory day, so its shortened version is an opportunity to prepare for the celebration. This norm is established at the state level and is mandatory.

If the company has specifics, in which it is not possible to reduce the pre-holiday day by at least 1 hour, this time is compensated by additional days off or monetary compensation.

When the air temperature is above normal, the working day is shortened or stopped

With a 6-day working week, the day before the holiday lasts 5 hours.

There are situations when the duration of working hours is influenced by factors that go beyond the limits of sanitary requirements. At various enterprises there are specific conditions, for example, increased temperature conditions. If the norm from +21 to +28 degrees is exceeded, for every half degree of excess, a reduction of 1 hour is required. For example, an atmosphere with a temperature of +30 degrees provides for a reduction to 5 hours of the working day. The maximum norm is +32.5 degrees Celsius. At temperatures above this limit, work is prohibited.

Who is eligible for a reduced day

Not every enterprise provides a reduced weekly rate within 36 hours. Sometimes the specifics of work require other approaches, for example, in shift mode, summarized accounting is used. Every second week is reduced by one paid day.

Reduction of working hours is provided for certain categories, the list is presented in the Labor Code of the Russian Federation:

In addition to these, there are several more categories, the reduced operating time of which is legalized by separate Federal Laws. This refers to workers employed at enterprises for the production of chemical weapons, physicians associated with servicing HIV-infected people with tuberculosis, etc.

Video: working conditions and rights of people with disabilities

Remuneration and social guarantees

For workers in a reduced regime, there is a guarantee in the form of legislation (for example, Article 320 of the Labor Code of the Russian Federation), which provides one hundred percent wages. In many of the cases described above related to the reduced regime, the full amount of the salary and all types of additional payments provided for by the Labor Code of the Russian Federation and the labor agreement are retained, as in the case of a full working regime. The work experience is maintained.

The calculation of wages and deduction of taxes for this category is carried out in the same way as in the full mode.

Registration of reception and transfer of employees to a reduced regime

During the operation of the enterprise, situations may arise when it is necessary to introduce an abbreviated regime:

Reflection of the reduced regime in the employment contract

If the majority of persons in the privileged category work in the state of the enterprise, the reduced working hours should be reflected in the labor contract or the Internal Labor Regulations. The document provides a list of positions subject to a reduced regime and the amount of reduced time.

All terms and conditions of the employment contract are individual

How to transfer a full-time employee to reduced work

If it is necessary to transfer an employee from a full-time to a shortened working day, it is necessary to act in the following sequence:

Sample order for the transfer of an employee to a reduced working day

The order is issued in a standard form, it must indicate the personal data of the employee and the features of the mode of operation.

The standard form of the order is drawn up when hiring or transferring an employee to a shortened working day

Pregnant women: part-time or shortened day

With pregnant women, mistakes in interpretation are often made when they consider that such women are entitled to a shortened day. There is a fundamental difference here: pregnant women are allowed only part-time on their own initiative. In this case, the salary will be reduced on a proportional basis in relation to the hours worked and the average hourly earnings.

For this reason, pregnant women rarely use this opportunity, and when the doctor strongly advises, and if the underpayment for unworked hours for a woman is not too big a loss. This mode allows you to reduce unwanted loads.

Sample application for transfer to part-time due to pregnancy

Chief Editor

regional newspaper "Novosti Plus"

Melnikov R.P.

from correspondent

Aleshina I.P.

Statement

I am asking from 06/01/2015 to 09/30/2015 to transfer me to a part-time job (seven-hour working day) due to pregnancy.

I am enclosing a medical certificate.

May 28, 2017 Signature

Women with small children - features of the work schedule

A shortened working week is used for working mothers of children up to 1.5 or 3 years old. Their total working time per calendar week cannot exceed 36 hours. It is worth noting that the shortened working week under Art. 260 of the Labor Code of the Russian Federation is equivalent to full, which means that a young mother will not be paid a monthly allowance for caring for a child.

The most acceptable option would be to go part-time (up to 30 hours a week). The payment of the child care allowance continues and wages will be paid in proportion to the hours worked or depending on the amount of work performed. At the same time, the remaining time of parental leave remains in the asset of the young mother, and she can continue it at any time. To do this, a simple application addressed to the director of the enterprise will suffice.

Establishment of a part-time job

Part-time work can be introduced at the initiative of an employee or employer, on a temporary or permanent basis, on an individual basis or in relation to a team.

Introduction of an incomplete rate by the employee and at the initiative of the employer (director)

Changes to the working hours can be made by all subjects of the labor agreement. The introduction of part-time work, as a rule, is initiated by the employee if he needs a lighter load. He needs to write an application with a request to change the duration of work. Having approved such a decision, the management issues an order.

The order to establish part-time work may be individual

However, there are times when the initiative comes from the employer. This happens, for example, in connection with a decline in production at the enterprise. In order to prevent mass layoffs, the management comes out of the situation and offers its employees to switch to part-time work, and be sure to give 2 months' notice of this (Article 74 of the Labor Code of the Russian Federation).

In this case, a single order is issued. Here, the opinion of employees is no longer taken into account. If someone disagrees, he is subject to dismissal automatically (clause 2, part 1, article 81).

In connection with the production need, part-time work can be introduced for the entire team. agreements may vary Cancellation of operating mode changes

The process of terminating the part-time work regime occurs according to the reverse algorithm of introduction. If, for example, the order was the basis, then an order is issued to cancel it and return the full regime. If an addendum to the employment contract was signed, then a new addendum must be accepted.

As a result of the discussion of issues on changing the working regime, it should be noted that for almost each of them there is an article of the labor code or another act. However, in practice, not everything and not always happens within the legal framework, which can eventually lead to labor disputes. An employer who does not comply with legal regulations runs the risk of being sued in court. It should be noted that the legal literacy of modern citizens has grown significantly, most of them know their rights and know how to protect them.

The reduced working regime differs from the incomplete one and is established for the purpose of social protection of certain categories that need it. Part-time work is a convenient tool for managing production processes in order to stabilize work and get out of a difficult economic situation. In the future, this will help to establish production and achieve better results.

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Part-time work is considered a special mode of work, in which the working time is less than normal, that is, less than 40 hours a week (Article 91 of the Labor Code of the Russian Federation). Even if each working day is 12 minutes less than for other workers (Decree of the Federal Antimonopoly Service of the Urals District of December 10, 2008 No. F09-9217 / 08-C2 in case No. A71-2756 / 08).

When paying in such conditions, the employer often has questions. They are connected with the fact that many confuse part-time and reduced working hours (table below). How to calculate the temporary disability benefit for an employee who has a part-time job? Is it necessary to reduce the average daily earnings in proportion to working hours when calculating vacation pay? How is overtime paid for a part-time worker?

Comparative characteristics of part-time and reduced working time

Part-time work for a new mom

It is not uncommon for an employee who is on parental leave, without interrupting it, with the consent of the employer, to work on a part-time basis. At the same time, she retains the right to receive benefits for caring for a child up to one and a half years (part 2 of article 11.1 of Law No. 255-FZ). The law does not set limits on the reduction of working hours under which a young mother is entitled to such a payment (Article 93 of the Labor Code of the Russian Federation).

However, the territorial branches of the FSS of Russia may not accept the childcare allowance for offset if the working day is reduced by only a few minutes. Because, according to the Foundation's specialists, such time cannot be considered incomplete. Although the courts are of the opposite opinion (decree of the FAS of the Far Eastern District of September 19, 2012 No. F03-3632 / 2012 in case No. A51-3233 / 2012, decision of the FAS of the Urals District of December 10, 2008 No. F09-9217 / 08-C2 on case No. A71-2756/08).

When setting part-time work for a woman who is on parental leave, it is safer to listen to the recommendations of the FSS of Russia. In case of part-time work, the working day (shift) must be shorter than the usual duration 1 . And the duration of the working week is more than 20-24 hours with a five- and six-day week, respectively.

For an employee who works part-time, the employer has the right to establish an irregular working day (Rostrud letter dated April 19, 2010 No. 1073-6-1)

Part-time work for part-time workers

The employer has the right to apply the part-time regime not only for the main employees, but also for part-time workers who work part-time. This means that part-time work for a part-time worker can be two or three hours a day. The total number of working hours worked per month cannot exceed half of the monthly norm of working hours established for key employees (Article 284 of the Labor Code of the Russian Federation). The Labor Code does not establish a minimum number of working hours per week (part two of article 91 of the Labor Code of the Russian Federation). Consequently, part-time workers can be set for an incomplete day or week with payment in proportion to the time worked (Article 285 of the Labor Code of the Russian Federation).

Imagine that a woman, while on parental leave for up to a year and a half, works part-time at her main job and takes a part-time job in another organization (Article 282 of the Labor Code of the Russian Federation). Together, she will work more than 40 hours a week at two jobs. In this case, she also retains the right to receive state social insurance benefits (Article 13 of the Federal Law of May 19, 1995 No. 81-FZ). This is allowed, since the law does not require taking into account the total working time of the employee at the main place and part-time. This does not affect the right to receive child care allowance up to one and a half years. Moreover, the employee can choose at which place of work to receive such a payment (parts 2–2.2 of article 13 of the Law of December 29, 2006 No. 255-FZ).

Does the work schedule affect the procedure for calculating vacation and sick pay?

When calculating vacation pay, it is not necessary to reduce the average daily earnings in proportion to working hours. To pay for vacation, the employee’s earnings for the last 12 calendar months and the time actually worked by him are fully taken into account (clauses 4, 12 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

The allowance for temporary disability in part-time mode is accrued for all calendar days for which a certificate of incapacity for work is issued. The amount of the benefit is affected by the length of service of the employee and his average daily earnings (Articles 7, 8, 14 of the Federal Law of December 29, 2006 No. 255-FZ, clause 16 of the Regulation approved by the Government of the Russian Federation of June 15, 2007 No. 375).

How many days an employee works during a week only matters in one case. When, according to the results of the calculation, the average earnings for a full calendar month are below the minimum wage (minimum wage) established on the day the illness began. Then it is calculated based on the minimum wage. At the same time, the value of the minimum wage is reduced in proportion to the length of working time. For example, if an employee works for four hours, then you need to take 0.5 minimum wage (part 1.1 of article 14 of the Federal Law of December 29, 2006 No. 255-FZ).

When calculating sick days, on which the employee did not work on a part-time schedule, consider them as ordinary days off (clause 5 of the Regulation approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922)

Example

Watchman Mikhail V. works at Garage LLC on a part-time basis 6 hours a day, 5 days a week, which is 0.75 of the official salary. In accordance with the staffing table, the full-time salary is 28,000 rubles, and for 0.75 rates - 21,000 rubles. (28,000 rubles x 0.75). Mikhail has been working in the organization for four years, his insurance experience is 9 years. Temporary disability of Mikhail V. occurred in 2013. Number of days of disability 7. The average earnings for 2011 and 2012 will be: 690.41 rubles. (21,000 rubles x 12 months x 2 years) / 730 days). Mikhail has more than 8 years of insurance experience, so disability benefits are due in the amount of 100 percent of average earnings.

Thus, the amount of temporary disability benefits will be: 4832.87 rubles. (690.41 rubles x 7 days).

How to pay for a business trip

When sending an employee on a business trip with part-time work, the proportional payment rule established by Article 93 of the Labor Code does not apply. For the days of being on a business trip, an employee is credited with an average salary, which is calculated according to the general rule (clause 4 of Decree of the Government of the Russian Federation of December 24, 2007 No. 922). At the same time, the size of the per diem allowance issued to an employee also does not depend on the mode of his work. After all, per diems are not wages, they are paid in full (Articles 167, 168 of the Labor Code of the Russian Federation, clause 11 of the Regulations approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).

For a part-time worker, calculate the salary in proportion to the time worked in a particular month (Article 93 of the Labor Code of the Russian Federation)

Example

Viktor M. works at Volga LLC. Since January 9, 2013, he has been given a part-time working week from Monday to Thursday. From December 2 to December 5, 2013, he was sent on a business trip for four working days. The billing period is the last 12 months (from December 1, 2012 to November 30, 2013). There are no excluded periods (vacation, business trip, sick leave, idle time, etc.). Victor's salary - 30,000 rubles. per month. In December 2012, he was credited with 30,000 rubles. for 21 business days. From January 1, 2013 to November 30, 2013 - 265,468.30 rubles. for 181 working days. Thus, in total for the billing period, Victor's earnings amounted to 295,468.30 rubles. (265,468.30 rubles + 30,000 rubles).

The amount of the average daily salary for the billing period is 1462.71 rubles. (295,468.30 rubles : 202 days). Thus, for four days of Viktor M.'s business trip, the payment will be 5850.84 rubles. (1462.71 rubles x 4 days).

If the business trip falls on a day off of a part-time working week, then it should be paid in the amount of a double salary (Article 153 of the Labor Code of the Russian Federation, clause 5 of the Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, when an employee who has a working week from Monday to Thursday goes on a business trip on Friday (his day off).

Benefits and guarantees for part-time employees

Employees with part-time work enjoy the same labor rights as those who have normal working hours (part three of article 93 of the Labor Code of the Russian Federation). So, regardless of the mode of operation and the length of the working day, employees work one hour less on the pre-holiday working day (Article 95 of the Labor Code of the Russian Federation, clause 1 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n). In this case, such a day is paid in full. If it is impossible to shorten the pre-holiday day (for example, in a continuously operating organization), then processing is compensated by additional rest time or paid as overtime work (part two of article 95 of the Labor Code of the Russian Federation).

In the case when a part-time employee actually works all day, the hours worked at the initiative of the employer in excess of the established regime are overtime work. They are paid at an increased rate (Article 152 of the Labor Code of the Russian Federation, letter from Rostrud dated March 1, 2007 No. 474-6-0).

Is part-time work included in the special length of service for early retirement

Part-time working hours are counted in the length of service as full-time working hours. An exception is employees who are entitled to an early old-age pension (clause 2 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (hereinafter referred to as Rules No. 516)). The length of service that gives the right to an early appointment of an old-age pension includes periods of work performed constantly for a full working day, provided that insurance premiums are paid to the Pension Fund for these periods. A part-time employee will not lose in special seniority, provided that he worked part-time, but full-time due to a reduction in production volumes (clause 6 of Regulation No. 516).

There are several working regimes enshrined in labor legislation. Among them, a part-time work regime is established. This article describes in detail the issues related to the features and types of the regime, its establishment in relation to all employees, a group or one, etc.

Working hours and types of part-time work

According to Art. 91 of the Labor Code of the Russian Federation, working time is the period during which the employee is obliged to carry out his labor activity in accordance with the general rules of the daily routine established by the relevant organization or enterprise and the norms of the signed employment contract. The time allotted for work may include other intervals established by the legislative acts of the Russian Federation. In any case, the length of time for work is limited to 40 hours per week.

At the same time, Art. 93 of the Labor Code of the Russian Federation regulates the possibility of setting a part-time working period by mutual agreement between the employee and the employer. The law distinguishes several types of such temporary regime. They are:

• a shift that reduces the number of hours by one day. For example, instead of 8 hours, an employee works only 6 hours;
• shortened week. In this case, the 8-hour working day is maintained, but the number of working days per week becomes less;
• mixed type. With this schedule, both the number of hours per day and the number of working days per week are reduced.

Working in conditions of limited working hours, the employee will receive wages in accordance with the amount of time spent and the amount of work performed. The employee should be aware that the reduced time for work will not affect the amount of vacation, the procedure for calculating the accumulated length of service and other similar rights.

There are several cases in which the regime of part-time work is established. The labor code specifies persons entitled to reduced hours of work. The employer must provide them with such a labor procedure only after submitting a written application. Such persons are:

• pregnant women;
• a person who is a parent, guardian or guardian of a child under the age of 14, and if the child is disabled, then up to 18 years;
• a person caring for a sick family member whose condition is confirmed by an appropriate medical document;
• women who are on maternity leave.

The last category of persons causes disagreement of some employers. They do not consider themselves obliged to provide part-time work. And they consider the provision of the law as the right to perform or not to perform such actions. This is completely inconsistent with the norms of the law and is explained as follows.

According to Art. 256 of the Labor Code of the Russian Federation for the period of leave due to the need to care for a child, the employee continues to maintain his position, place of work. During a vacation, a woman has the right to leave it and get her previous job. The employer is not entitled to oblige a woman to work full time, who interrupted her vacation and expressed a desire to work on a reduced basis. If the employer violates his obligation, the employee will lose the right to social security benefits. This will put the woman in a worse position than the one established by law. In this case, the woman must apply to the labor inspectorate, which will ensure the full restoration of her rights.

Also Art. 256 of the Labor Code of the Russian Federation provides the right to part-time work to the child's father, grandmother, grandfather or other person caring for him.

For additional confirmation of the rights of women for limited working time, there is a Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 N 111 / 8-51. The regulation regulates the employment of women who work part-time and have children. The regulation provides for a more favorable working regime for such women. They should be given the opportunity to work in a profession, to fulfill the role of a mother and to participate in public life.

In addition, the employer is allowed to independently introduce a time limit for work. Article 74 of the Labor Code of the Russian Federation provides for such a right in connection with changes in the conditions for the work of employees. These include technological and technical changes in production, reorganization of the production process. This is due to the fact that such changes can cause the dismissal of a large number of employees.

To prevent dismissal, the employer establishes a shift or a shortened working week. Such a decision is made by the head on the basis of the opinion of the trade union. At the same time, Art. 74 of the Labor Code of the Russian Federation, if dismissal is possible, establishes a maximum period for such changes in work. In this case, the part-time work regime is valid for no more than 6 months.

Before the introduction of part-time work, the employer must submit to the trade union body the relevant act, which indicates the terms and types of shortened working hours, as well as categories of persons. All decisions of the employer must be justified and confirmed.

Having received a local act from the head, the trade union body sends its opinion to him in writing. Such an opinion is sent within 5 days with the obligatory motivation of the decision. If the written response of the trade union contains proposals for improving the act of the employer or completely disagrees with it, then the manager can make a decision of the trade union, or hold consultations on this issue. Consultations are appointed and held between the employer and the trade union body within 3 days after receiving the opinion of the trade union organization of workers. The aim of the consultation is to reach mutual agreement. If agreement is not reached, a protocol is drawn up.

In any case, the employer can establish a reduced time regime for work, but this decision can be appealed either to the court or to the labor inspectorate. In addition, the trade union can start a collective dispute on this issue. The regime of a limited working day or work week may be canceled before the expiration of the period for which it was established, also after agreeing this issue with the trade union body.

In the event that the employee does not agree to work in the reduced time mode for labor activity, then the employment contract with him will be terminated on the basis of paragraphs. 2 part 1 article 81 of the Labor Code of the Russian Federation. But the employee in any case has the right to compensation and guarantees established by law.

Below, the process of introducing a limited labor regime by the independent decision of the employer will be considered.

The introduction of part-time work at the initiative of the employer.

In the presence of circumstances specified in the legislation, the employer has the right to introduce a regime of reduced time for labor activity. Showing such an initiative, the leader is obliged to follow the established procedure and fulfill a number of requirements.

After that, an order is issued to establish a part-time regime. The order must contain the last name, first name and patronymic of the employee, the reason for establishing a reduced regime, the start date of the regime being introduced. The order also reflects other information listed above.