Labor Code Article 93 of the Labor Code of the Russian Federation. New rules for establishing a part-time work regime for an employee. Is it possible to transfer to another job

25.03.2021

By agreement between the employee and the employer, part-time (shift) or part-time work can be established both at the time of employment and subsequently. work week. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member medical opinion issued in the manner prescribed federal laws and other regulatory legal acts Russian Federation.
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.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation

1. Incomplete working time- this is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established by the given employer.

2. Part-time work can act as a part-time work week or part-time work (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration work shift. It is possible to simultaneously reduce the working day (shift) and the working week. Moreover, working hours can be reduced by any number of hours or working days without restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

3. Part 1 of the commented article defines the circle of persons whose requirement to establish part-time work is mandatory for the employer. The employer is also obliged to satisfy the request of the disabled person for part-time work, if the individual program of the disabled person recommends working hours less than those established by law (Article 224 of the Labor Code).

The rest of the employees require the consent of the employer to establish part-time work.

4. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see Art. 74 of the Labor Code and commentary to it.

Another commentary on Article 93 of the Labor Code of the Russian Federation

In contrast to the reduced working time, fixed by Art. 92 of the Labor Code, part-time work (part-time work or part-time work week), provided for in the commented article, is established by agreement between the employee and the employer both upon employment and subsequently. At the same time, this article contains an exception, which consists in the fact that the employer is obliged to establish the specified part-time working day or working week when a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of 14 applies to him with a request. years (a disabled child - up to 18 years), as well as a person caring for a sick family member in accordance with a medical report. Another difference is that with a reduced working time, the employee is paid in full, and when working on a part-time basis - in proportion to the time worked by the employee or depending on the volume of work (production) performed by him.

Part-time work does not entail for employees, as established by Art. 93 of the Labor Code, any restrictions on the duration of annual paid leave and other labor rights. Part-time work is included in the content of the employee's employment contract as one of the mandatory conditions and is reflected in the order (instruction) on employment, but is not indicated in work book. However, the introduction of part-time work at the initiative of the employer changes the mandatory terms of the employment contract and must be carried out in compliance with the labor rights and guarantees of the employee, provided for in Art. 74 TK.

On June 29, 2017, Federal Law No. 125-FZ of June 18, 2017 “On Amendments to the Labor Code of the Russian Federation” came into force, which amends the Labor Code regarding:

establishment by the employer of part-time work (Articles 93, 101 of the Labor Code of the Russian Federation);

establishing time for rest and meals (Article 108 of the Labor Code of the Russian Federation);

payment for overtime work (Article 152 of the Labor Code of the Russian Federation);

wages on weekends and non-working days holidays(Article 153 of the Labor Code of the Russian Federation).

Conditions for establishing part-time work

The provisions of Art. 93 of the Labor Code of the Russian Federation, as amended by this law, provides for the possibility of reducing the duration of daily work (shift) by a certain number of working hours. The version of this article that was in force until June 26, 2017 provided for the establishment of either a part-time working day (shift) or a part-time working week.

Part-time work (part-time work, shift and (or) part-time work week) is established:

by agreement of the parties to the employment contract (both when hiring and subsequently);

both without limitation of term, and for any term agreed by the parties;

for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time work.

When establishing part-time working hours, the mode of working time and rest time, including the duration of daily work (shift), the time of the beginning and end of work, the time of breaks in work, is established in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.

Employer must set part-time work at the request of:

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);

a person caring for a sick family member in accordance with a medical report issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation.

Workers in certain cases are established. By virtue of With v. 101 of the Labor Code of the Russian Federation irregular working hours - a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is determined collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

For an employee working on a part-time basis, an irregular working day can be established only if, by agreement of the parties to the employment contract, a part-time working week is provided, but with a full working day (shift).

Breaks for rest and meals

According to Art. 108 of the Labor Code of the Russian Federation during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes, which is not included in working time. Federal Law No. 125-FZ supplemented para. 1 of this article with the following sentence: “The internal labor regulations or the employment contract may provide that the specified break may not be provided to the employee if the duration of daily work (shift) established for him does not exceed four hours.” That is, if the duration of the daily work shift of an employee does not exceed four hours, he may not be given time to lunch break, if it is provided for by the internal labor regulations or the employment contract.

Overtime pay

Article 152 of the Labor Code of the Russian Federation provides: overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. The specific amounts of overtime pay may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

According to Federal Law No. 125-FZ this article supplemented by a rule establishing that when calculating overtime hours payable at an increased rate, work on weekends and non-working holidays that is carried out in excess of the working time norm is not taken into account, since it has already been paid at an increased rate or compensated for by another day of rest.

Salary on weekends and non-working holidays

Based on Art. 153 of the Labor Code of the Russian Federation, work on a weekend or a non-working holiday is paid at least twice:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double daily or hourly tariff rate;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Specific amounts of payment for work on a day off or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, an employment contract.

The current economic situation has forced many organizations to reconsider the way they work. One way to overcome the difficulties associated with a decrease in production volumes was the transition to part-time work. That's what we'll talk about.

Deciding on terms

Part-time work is a form of employment in which the duration of the employee's working hours is less than that established by law. By agreement between the applicant and the employer when applying for a job, and also subsequently, a reduced day can be established (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not provide a definition of the concept of "part-time work". Here is the Convention international organization on labor (24.06.1994) No. 175 defines this term as working time which is shorter than the normal working day. It should be noted that the mentioned document has not been ratified by Russia. But commitments were made to consider its provisions for approval by Russian trade unions and employers' associations.

Part time

The Labor Code states that there are several options for organizing work in this mode:

Reduce the duration of the working day or shift by certain hours (all working days of the week are reduced).
Reduce the number of working days per week, but at the same time maintain the usual length of the working day or shift.
Reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in a week.

However, do not confuse part-time work with a reduced one, which is mentioned in Article 93 of the Labor Code of the Russian Federation and which is established for certain categories of citizens. For example, for persons under the age of sixteen, disabled people, students, workers employed in hazardous areas of production, etc. For such employees, reduced working hours are the full norm. If you are interested in any information regarding your rights or working conditions, you can always read the Labor Code with comments. The explanations are given in detail and in an accessible form.

Part time sheet

Everyone knows that at the enterprise, personnel officers keep a time sheet. It is on it that the accounting department is then guided when accruing wages. Therefore, the time sheet is one of the main documents for the personnel department.

So, it takes into account work in conditions part-time at the request of the employee, it is marked with the code "NS" or "25" (according to the resolution of the State Statistics Committee of 01/05/2004 No. 1). In this case, we are talking about part-time work, because non-working days with a shortened week, they will be celebrated as holidays.

Wages and holidays

Part-time pay will be different than normal. The fact is that in the conditions of carrying out activities in this mode, there is a clear decrease in wages. And this is logical. The accrual will be carried out in proportion to the time that the employee worked, or for the amount of work performed by him (Article 93 of the Labor Code of the Russian Federation).

But the part-time vacation is exactly the same as with the usual schedule. When calculating vacation pay, other factors are also taken into account. labor rights. In fact, the shortened working day does not affect the duration annual leave. The calculation of the average daily earnings for the calculation of travel, sick leave and vacation pay occurs in the usual manner, in accordance with the regulatory documentation. The change in the employee's work mode in the billing period does not play a role.

However, if they want to involve a person in performing a task outside the schedule that is set for him, then this type of activity will already be considered overtime work(Article 99, 152 of the Labor Code of the Russian Federation), and therefore be paid accordingly.

Work on your days off with a shortened working week is also paid in an increased amount (Articles 153, 113 of the Labor Code of the Russian Federation).

We have introduced you to the main points regarding wages if you are employed part-time. The Labor Code stands guard over the interests of citizens. However, it should be remembered that in practice those norms that are clearly indicated in the legal documents are not always followed. Therefore, we need to know our rights in order to monitor their observance.

Part-time arrangement

Sometimes it happens that people need to reduce the time spent at work for some objective reasons. And they wonder: "How to get a part-time job?" It's not difficult at all.

Earlier, we have already said that initially, by agreement of the parties, an appropriate labor contract. Part-time work is specified in it as the mode of work of a certain employee.

In what other cases is an employer obliged to transfer an employee to a reduced work schedule?

Article 93 of the Labor Code of the Russian Federation specifies the following categories of citizens:

Pregnant women.
Parent of a child under the age of fourteen. It can be either a mother or a father, or a guardian.
Persons who care for a sick relative (with a medical certificate).

To switch to a new one, you just need to write an application for a part-time job.

In addition, people, while on parental leave, have the right to work on a special, reduced schedule. However, they retain the right to receive social security benefits. Moreover, both the mother and the father of the child, grandmother, grandfather, guardian, who actually care for the baby (Article 256 of the Labor Code of the Russian Federation), have such an opportunity.

As we said above, the transfer to a part-time job occurs at the request of the employee if there is an application.

Here is an example of such a document.

From 10/01/2012 to 12/31/2012 I am asking you to transfer me to a part-time job (seven working hours a day) due to pregnancy.

A certificate of pregnancy is attached.

Based on the application, the personnel officer writes an order for part-time work. See sample below.

About part-time transfer

Based on the application of the accountant Ivanova A.A. dated September 29, 2012 and in accordance with the Labor Code of the Russian Federation, Art. No. 93

I order:

1. To provide the accountant Ivanova A.A. with a part-time job from 01.10.2012.

2. To establish the following work schedule for the accountant Ivanova A.A.:

Five day work week with two days off.
Reducing the duration of daily work by one hour.
The working week is thirty-five hours.
Working hours: Monday - Friday: from 9:00 to 17:00, lunch break: from 13:00 to 14:00.

3. Accountants to pay the salary of A. A. Ivanova in proportion to the time she has worked.

4. To impose control over the execution of the order on the deputy Khorkina V.V.

Director Vasechkin I.V.

Familiarized with the order:

Changing the employment contract

If one of the employees at the enterprise has a work schedule different from the generally accepted one, this must be reflected in the employment contract (Article 57 of the Labor Code of the Russian Federation). If the changes have occurred recently, then it makes sense to make some amendments. It is not necessary to completely change it, it is enough to issue supplementary contract, which will reflect innovations.

All agreements or additions to them are made only in writing (Article 72 of the Labor Code of the Russian Federation).

Up to this point, we have considered only those cases when the employee himself initiates a change in the work schedule. But it often happens that for a number of reasons the previous provisions of the employment contract cannot be preserved. Then they can be changed at the discretion of the employer. In this case, the company is obliged to inform its employees in advance about the upcoming changes and the reasons that led to this. The employer notifies employees that they will be transferred to part-time 74) at least two months in advance.

Such changes are possible when an enterprise is faced with a choice: either carry out a mass dismissal of employees, or, in order to maintain a certain number of jobs, go for the introduction of a part-time work regime (see the code with comments). The law provides for such a procedure for up to six months.

We emphasize that the indicators of mass layoffs are defined in intersectoral and territorial agreements (Article 82 of the Labor Code of the Russian Federation). The most striking example of such a situation can be a large reduction in the number of employees in connection with the liquidation of the organization or with the reduction of entire divisions of the enterprise.

Part-time work (the Labor Code of the Russian Federation contains such information) is then established by a single order for the enterprise. Employees are notified in writing against signature. Moreover, consent or disagreement to work in the changed conditions is prescribed right there, in the order, or in a separate document. According to the Labor Code, if a person does not want to work according to a new schedule, the employment contract is terminated with him automatically (clause 2, part 1, article 81). The employee is then compensated.

Of course, all changes in the employment contract should not worsen the situation of employees, in comparison with the clauses. Cancellation of the part-time regime earlier than the period for which it was introduced is carried out by the enterprise with the participation of the trade union organization.

Part time for moms

Let's now take a closer look at the issue of part-time work for women. We have already mentioned that, while on maternity leave, a woman has every right to go to work part-time. Thus, the young mother will be able to re-enter the course of affairs and not lose her qualifications. How to get such an employee to work?

We remind readers that parental leave is issued by mothers until their son / daughter reaches the age of three (Article 256 of the Labor Code of the Russian Federation). For this period, they retain workplace. Article 256 of the Labor Code of the Russian Federation, part 3, states that a woman can go to work at this time on a part-time basis. It turns out that until the baby is three years old, his mother can be on vacation and work at the same time.

Features of reduced working hours for women

Part-time work can be set for a woman for any period of time (if we are talking about a mother of small children). There are no restrictions on this in the labor code. That is, there are two options. First: the event is indicated before which adjustments are made to the employee's work schedule. And the second option does not provide for any dates.

The law does not specify what exactly the duration of the working week should be in this case. In fact, a woman can work a couple of hours a week, and thirty-nine ... This issue is not regulated by law.

If an employee works more than the established norm, then these are overtime hours, which must be paid separately.

Note that breaks for feeding an infant are included in working hours (Article 258 of the Labor Code of the Russian Federation). According to the statement of the worker herself, who has a baby under the age of one and a half years, she is provided with hours for feeding, in addition to a break for rest, food.

Also, part-time women are entitled to a shortened pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm for a young mother are either compensated financially, like overtime hours, or she is given an additional day off.

In the report card, the hours worked by a woman are put down under the code "25" or "NS".

In case of a part-time working week, the number of days worked is indicated, and in case of a part-time working day, the hours actually worked. Weekends are put down under the code "26".

Filling out the time sheet for a young mother has its own characteristics. After all, she is actually at work and on maternity leave at the same time, which frees her from the obligation to work. Therefore, as a rule, two corresponding codes are entered into the document. To do this, add an additional line to the table.

How to reflect breaks for feeding a child? There is no single answer. Two options are offered. In the first case, you can simply mark this time as working, because, in fact, it is so. And the salary will be accrued according to the order according to the average earnings, because the breaks are paid according to the average.

And in the second case, they offer to show the time of feeding in the report card, which, according to many experts, is not very convenient and even pointless.

Paperwork for a new mother

If a woman who is on parental leave is initially hired on a part-time basis, this is specified in the employment contract. The order for employment must contain a schedule of its activities, indicating a lunch break and days off. Salary is calculated in proportion to hours worked.

But if you need to transfer an already working employee to a part-time job, then for this she writes a statement. In it, she indicates the reason for her request (the presence of a child under three years old) and the period for which she plans such changes. The transfer of a woman to will be issued by order. And it is also desirable to make an addition to the employment contract, where the changes will be indicated - it is more correct to do so.

Is it possible to transfer to another job?

When a woman switches to part-time work, she can be transferred to another section. Of course, a similar position should be provided. At the same time, such a translation is not even entered in the work book.

In order not to engage in bureaucracy and not to hire an employee for a permanent job, you can go the other way. As you know, there are civil law contracts that are drawn up for the performance of a certain type of work. With their help, you can attract a woman to regular or occasional cooperation with the enterprise. The work performed by her will be accepted with the help of acceptance certificates. Payment will be made in accordance with the contract. This option is beneficial for both the enterprise and the woman.

Summing up the topic, I would like to emphasize that an employee at any time has the right to switch back to full-time work. For this, only her desire and a written statement are enough. There are no legal restrictions on this matter. The personnel officer, on the basis of the application, prints the order.

Instead of an afterword

In our article, we tried to understand the nuances of part-time work as much as possible. Summing up, I would like to advise if you have any questions regarding labor legislation, refer to such a document as the Labor Code with comments. And don't let the harsh name scare you. In it you can find answers to many topics that interest you. We hope that our article will be useful for you.

Labor Code, N 197-FZ | Art. 93 of the Labor Code of the Russian Federation

Article 93 of the Labor Code of the Russian Federation. Part-time work (current edition)

By agreement of the parties to the employment contract, the employee, both at the time of hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.

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.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

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Commentary on Art. 93 of the Labor Code of the Russian Federation

Judicial practice under article 93 of the Labor Code of the Russian Federation:

Decision of the Supreme Court: Determination N APL12-646, Board of Appeal, appeal
Work from September 1, 2000 to October 1, 2004, when she did not fulfill the pedagogical load rate established for the wage rate. In substantiation of the stated claim, the Applicant pointed out that the contested norm in part does not comply with Articles 93, 423 Labor Code of the Russian Federation, paragraphs 1, 12, 15 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by a resolution of the USSR State Labor Committee ...
Decision of the Supreme Court: Determination N VAC-4041/13, Supreme Arbitration Court, supervision
When adopting judicial acts, the courts were guided by the provisions of Articles 91, 93 of the Labor Code of the Russian Federation, Federal Law No. 165-FZ dated 16.07. social insurance”, Article 13 of the Federal Law of May 19, 1995 No. 81-FZ “On State Benefits for Citizens with Children”. At the same time, the courts proceeded from the fact ...
Decision of the Supreme Court: Ruling N 301-KG15-5751, Judicial Collegium for Economic Disputes, cassation
Regular annual paid holidays were granted until the end of parental leave, during this period they were paid childcare allowances and vacation pay for the next vacation. Under these circumstances, the courts, guided by the provisions of Articles 93, 106, 107, 114, 122, 123, 124, 125, 136, 260 of the Labor Code of the Russian Federation ...

New edition Art. 93 of the Labor Code of the Russian Federation

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.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation

Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, the employer (including individual) is obliged to establish part-time work or part-time work week 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 the age of 18), as well as a person caring for the sick a family member in accordance with a medical report (clause 1, article 93 of the Labor Code of the Russian Federation).

In many respects, the mode of work on a part-time basis is still regulated by union acts of law (to the extent that it does not contradict the Labor Code of the Russian Federation) and, in particular, the Regulations on the procedure and conditions for the employment of women with children and working part-time "from 29 April 1980 N 111 / 8-51. It was established that when hiring with a part-time job, this is not recorded in the work book (paragraph 3 of the Regulations).

Both the working day and the working week can be part-time. Moreover, neither a minimum nor a maximum is established in the current legislation. According to the Regulations on the procedure and conditions for the employment of women with children and working part-time, part-time work was established, as a rule, not less than 4 hours and not more than 20.24 hours with a five-, six-day working week.

With a part-time working day, an employee works fewer hours than established by the routine or schedule at a given enterprise for a given category of workers, for example, instead of eight hours, four.

With a part-time working week, the number of working days is reduced against a five-day or six-day week.

Part-time work may consist simultaneously in the reduction of the working day and the working week.

Such a part-time mode can also be applied, when daily work is divided into parts (for example, morning and evening mail delivery to the office of the enterprise, etc.).

Part-time work can be established by agreement of the parties both without a time limit, and for any period convenient for the employee mentioned in Article 93 of the Labor Code of the Russian Federation, for example, for the period of the child's school year, for the period until he reaches 10 years of age, etc. . (clause 4 of the Regulations).

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. Thus, the transition to the condition of part-time work is possible due to changes in organizational or specifications labor, taking into account the opinion of the elected trade union body of this organization for a period of not more than six months. In cases where the part-time work regime is introduced at the enterprise for all or individual employees at the initiative of the administration, the following rules must be observed:

Since the legislation does not establish the form of notification, therefore, it can be arbitrary. The main thing is that the text allows you to establish what the employee was notified about and when. The notice must bear the personal signature of the employee;

3) if the employee does not agree to work in the new conditions, the employer is obliged to offer him another job available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower position or a lower-paid job (also suitable for the employee's qualifications and state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment contract (contract) on the grounds provided for (refusal of the employee to continue work due to changes in essential working conditions), the employment contract with him is terminated with the provision of appropriate guarantees and compensations to the employee. Moreover, the employee has the right to declare his disagreement and quit on this basis only until the moment the part-time working regime is introduced (this is why the rule of a 2-month warning period has been established). If the employee changed his mind after the introduction of this regime, then he can quit only at his own request.

The cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions for employees on the duration of annual leave, the calculation of seniority and other labor rights.

Working on a part-time basis does not entail a reduction in the duration of annual and study leave, the time of work is counted in the length of service as full-time work; bonuses for work performed are accrued on a general basis; weekends and holidays are subject to labor law. However, payment for part-time work is made in proportion to the hours worked or depending on the output. Part-time work is one of the essential conditions of the employment contract.

Another commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time working time is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal working time established by the given employer. In the event that an employee, in accordance with the law (), has the right to reduced working hours, part-time work will be considered shorter than the corresponding norm of reduced working hours.

2. Part-time work can act as a part-time work week or part-time work (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. Part-time working week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

3. Part 1 of Art. 93 of the Labor Code of the Russian Federation defines the circle of persons whose requirement to establish part-time work is mandatory for the employer (pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen years (a disabled child under the age of eighteen years), 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 laws and other regulatory legal acts of the Russian Federation).

4. The use of part-time work leads, as a rule, to an increase in production efficiency and makes it possible to increase the employment of the population through the use of one workplace by two part-time workers, the formation of second shifts with part-time workers, etc.

5. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see her.