The employee is assigned a part-time job. Introduction of a shortened working day. The procedure for introducing a shortened working day or week

04.10.2021

Part-time work at the initiative of the employee and the employer is introduced in a certain sequence. Read what actions to take in each case.

The current labor legislation allows you to reduce the length of the working day at the initiative of the employee and the employer. The registration procedure depends on who initiates such a mode of operation. It is important to adhere to it so as not to break the law.

Features of part-time work

A part-time (shift) or part-time working week is established by agreement between the employee and the employer both when hiring and subsequently (Article 93 of the Labor Code of the Russian Federation).

Important!
Part-time and reduced work - different concepts

There is no definition of "part-time work" in the Labor Code of the Russian Federation. In practice, part-time work is considered less than normal, that is, less than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). in proportion to the hours worked or depending on the amount of work.

Reduced working hours for certain categories of workers is the norm of labor (Article 92 of the Labor Code of the Russian Federation). They are paid the same salary as employees who work 40 hours a week.

There are the following types of part-time work:

part-time working week - the number of working days per week is reduced while maintaining the established length of the working day (shift);
part-time work - the number of working hours of a working day (shift) is reduced while the number of working days remains unchanged;
part-time work week and part-time work at the same time - both the number of hours of the working day (shift) and the number of working days themselves are reduced.

Both the employer and the employee can initiate part-time work.

Transfer to part-time work at the initiative of the employee

By agreement of the parties, it can be installed by any category of workers both indefinitely and for any period (part 1 of article 93, part 2 of article 203 of the Labor Code of the Russian Federation).

If part-time work is set upon hiring, then the following condition is fixed in the employment contract, for example: “The employee is set part-time work of 30 hours a week.” This is necessary, since the employee's work regime differs from the general rules in force for the employer (part 2 of article 57 of the Labor Code of the Russian Federation).

Part-time work may also be introduced during the term of an already concluded employment contract. The new conditions and the date from which they come into force are fixed in the supplementary agreement. If part-time work is set for a specific period, which is determined by agreement of the parties, then the wording of the additional agreement may be, for example, as follows: “The employee from 12/23/2017 to 02/10/2018 is set to part-time work lasting 25 hours a week.” Here, in the additional agreement, they indicate the specific mode of working hours: the duration of the working week, the beginning and end of the working day, the time of breaks.

The agreement is drawn up in two copies, it is signed by the employee and the employer. One copy is handed over to the employee, about which a mark is put on the copy of the employer, certified by the signature of the employee (Articles 67 and 72 of the Labor Code of the Russian Federation).

When concluding an additional agreement, an order is issued to establish part-time work. There is no unified form of such an order; the organization develops it independently. The order specifies:

dates when part-time work is established;
a specific mode of operation that is different from the generally established one,
the period for which part-time work is established, determined by agreement of the parties.

The employee is introduced to the document against signature, and if he refuses to sign, an act is drawn up.

Advice
Do not report to the employment service that you have introduced part-time work by agreement of the parties. The employer does not have such an obligation (letter of Rostrud dated May 17, 2011 No. 1329-6-1).

In the time sheet, opposite the name of the employee who initiated part-time work, an alphabetic (Y) or numeric (01) code is affixed. The bottom lines indicate the duration of the work. If a person has a part-time work week, additional non-working days in the report card are marked as days off.

If the employer is required to introduce part-time work

one of the parents (guardians, trustees) who has a child under the age of 14 (a disabled child under the age of 18);
persons who care for a sick family member in accordance with a medical report.

It is enough for employees to write a corresponding application. And the part-time regime will be introduced for a period convenient for them, until special circumstances have changed (part 2 of article 93 of the Labor Code of the Russian Federation).

When determining working time and rest time, both the wishes of the employee and the conditions of production (work) for a particular employer are taken into account (part 2 of article 93 of the Labor Code of the Russian Federation). The algorithm of actions in a situation where the employer is obliged to establish part-time work is as follows.

Step 1. The employee writes a statement. The statement states:

desired working hours;
type of part-time work;
the date from which he asks to establish part-time work.

Step 2. The employee submits a document supporting the part-time work. This may be a certificate from the antenatal clinic about pregnancy, about dependents, the disability of the child, or a document on the appointment of a guardian.

If there is no such document, then the employer has the right to refuse the employee, because the law requires confirmation of special circumstances.

Part-time work initiated by the company

The employer has the right to introduce a part-time or part-time working week (subject to the opinion of the trade union). However, he must be prepared to document the need for such a regime. This will be needed in the event of a dispute (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

Part-time work is set for up to six months if there is a risk of mass dismissal of workers due to organizational or technological changes in working conditions. If a person refuses to continue working in the new mode, the employment contract with him is terminated (parts 5, 6 of article 74, paragraph 2 of part 1 of article 81 of the Labor Code of the Russian Federation).

The actions of the employer when introducing part-time work on their own initiative will be described below.

Step 1. The manager makes a decision, taking into account the opinion of the trade union body(if there is a union).

Step 2. An order is issued. There is no unified form of the document, so the organization develops it independently. The order must specify:

reasons for the change;
names of structural subdivisions or places of work for which changes are supposed to be introduced, a specific mode of work (part-time, part-time work week);
the period of validity of the introduced regime;
the date when the part-time working regime is introduced - not earlier than two months after the order is issued.

Step 3. Notify the employment service about the part-time mode. The notice must be in writing. The term is three working days after the order on the part-time working regime is issued (clause 2, article 25 of the Federal Law of the Russian Federation of April 19, 1991 No. 1032-1, letter of Rostrud of May 17, 2011 No. 1329-6- one). It is better to check the notification form at your employment center.

If information is not provided, administrative liability is threatened under Article 19.7 of the Code of Administrative Offenses of the Russian Federation.

Step 4. Notify workers. The notice should indicate that the employee must inform the employer in writing of disagreement with the changes, and also determine a specific period for this. It is recommended to reflect in the notification that if the employee disagrees, the employee will be dismissed on the basis of part 1 of clause 2 of article 81 of the Labor Code of the Russian Federation.

Step 5. Draw up an additional agreement to employment contracts if the employee agrees to work in the new conditions. If he refuses, publish on the basis of part 1 of paragraph 2 of article 81 of the Labor Code of the Russian Federation.

The introduction of part-time work ends with its abolition. If the order on the establishment of part-time work does not indicate a specific date for the end of work in this mode, or the mode is canceled ahead of schedule, then the manager issues an order to cancel the mode and concludes a new additional agreement with employees.

Ambiguous practical situation: double change of working regime

Suppose an employee has entered into an employment contract on a part-time basis. In connection with the temporary increase in the volume of work, the parties agreed to transfer the person to full-time work for a period of three months. Consider whether it is possible to draw up an additional agreement to an employment contract for only three months and not draw up a new agreement when this period ends.

Let's analyze the situation. An agreement to change the terms of an employment contract determined by the parties is concluded in writing. Therefore, it is recommended to issue a temporary transfer of an employee from part-time to full-time. To do this, it is enough to draw up an additional agreement to the employment contract, indicate the term and reason for the transfer - an increase in the volume of work.

The condition of the employment contract is part-time work, and the full-time work regime is introduced temporarily. This means that it is permissible to transfer an employee to part-time work unilaterally. In this case, the consent of the employee is not required, and an additional agreement is not drawn up.

In the time sheet, in the upper lines of column 4, opposite the name of the employee for whom the part-time work regime is established at the initiative of the employer, an alphabetic code (HC) or a digital code (25) is entered. The bottom rows indicate the duration of part-time work. If a person has a part-time work week, additional non-working days in the report card are marked as days off.

Elena GALICHEVSKAYA,
expert of Kontur.School, training center of SKB Kontur

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

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.

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, an employer (including an individual) is obliged to establish part-time work or a 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 a sick 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 in connection with changes in the organizational or technical conditions of work, 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 provided in accordance with labor legislation. 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.

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". But the Convention of the International Labor Organization (24.06.1994) No. 175 defines this term as working time, the duration of which is less than the normal length of the 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 then focuses on the calculation of wages. Therefore, the time sheet is one of the main documents for the personnel department.

So, in it, accounting for work in part-time conditions, at the request of the employee, is marked with the code “NS” or “25” (according to the resolution of the State Statistics Committee of 05.01.2004 No. 1). In this case, we are talking about part-time work, since non-working days with a shortened week will be marked as days off.

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 labor rights are also taken into account. In fact, the shortened working day does not affect the duration of the 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.

At the same time, 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 (Articles 99, 152 of the Labor Code of the Russian Federation), and therefore 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 employment contract can be drawn up. 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 draw up an additional contract, which will reflect the 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). During this period, they retain their jobs. 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.

part-time work- part-time mode, in which the employee works part-time (shift) or part-time ().

Partial schedule at the request of the employee

For part-time work organization can transfer any employee at his request (application) or by agreement of the parties to the employment contract. When establishing a part-time work regime it is necessary to conclude with an employee, an additional agreement to the employment contract (Article 57.72 of the Labor Code of the Russian Federation)

In some cases, the organization is obliged to establish such a regime for an employee. This must be done as requested:

pregnant woman;
one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
an employee who cares for a sick family member in accordance with a medical report.

Employees for whom the employer is required to establish part time schedule, can express their wishes on the schedule of work. For example, a pregnant employee has the right to ask that her working day starts two hours later than other employees. The employer, in turn, is obliged to take into account the wishes of such an employee. At the same time, the decision on the work schedule is made by the employer, taking into account the characteristics of production.

The employer is obliged to establish an incomplete schedule for any period convenient for the employee. But no more than for the period of circumstances due to which the employee was introduced part-time. For example, if an employee asked for an incomplete work schedule due to caring for a sick family member, the maximum period for which the employer is required to establish such a schedule is the period of illness of the family member whom the employee is caring for (Article 93 of the Labor Code of the Russian Federation).

The specific duration of working hours with a part-time schedule is not provided for by the current legislation. Set a work schedule as agreed with the employee. In this case, the working day can be divided into parts. For example, an employee works three hours in the morning and one hour in the evening. This follows from Article 93 of the Labor Code of the Russian Federation.

Partial schedule initiated by the organization

The organization may introduce part-time work on its own initiative (taking into account the opinion of the trade union - if it exists in the organization). This is allowed during the period of organizational and technical measures that entail significant changes in working conditions. If such changes may lead to mass layoffs, the administration has the right to establish a part-time regime for up to six months. Such a restriction is provided for by Part 5 of the Labor Code of the Russian Federation.

An employee's application for the establishment of a part-time work regime

Director
Gasprom LLC
A.V. Ivanov

from chief accountant
A.S. Petrova

STATEMENT

on the establishment of part-time work

On the basis of Article 93 of the Labor Code of the Russian Federation, in connection with the prevailing family circumstances (prolonged illness of the child), I ask you to allow part-time work from February 17, 2018 (with the establishment of a working week from Monday to Thursday) until the reasons that caused such a need are eliminated.

16.01.2019 . . . Petrova. . . . . A.S. Petrova

How to apply for a part-time worker

Part-time work is a special mode of work. You will learn how to properly issue it and in what order it is paid, in the article.

Does part-time work limit an employee's labor rights?

No, it doesn't.

Are part-time and reduced hours the same thing?
No, these are different working hours.

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Is an extra day of rest for a part-time work week considered a day off?

Yes, it counts. Did you need to establish part-time work for any of your employees? Then it must be remembered that such a mode of operation determines a special procedure for remuneration. Therefore, it is very important to complete all personnel documents without errors. But do all of you remember in which case and which employees have the right to work this way? And do you know what difficulties you can face in doing so?

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Who is eligible for part-time work?

Pregnant women have the right to work part-time. They set the following working conditions:

reduced duration of daily work (shift) by a certain number of hours on each day of the working week;
a reduced number of working days per week with the normal duration of daily work (shift);
reduced duration of daily work (shift) by a certain number of hours with a reduced number of working days per week.

The daily work of women in certain types of work can be divided into parts. At the same time, the recommended minimum duration of work is at least four hours a day and at least 20-24 hours a week (with a five and six-day week). Also, depending on the specific working conditions, women can be assigned a different working time. Other categories of employees may also work part-time. At the same time, it is important not to confuse this mode of work with reduced working hours.

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Who is eligible for part-time work?	Conditions for granting part-time work	Legislative act
pregnant woman		Part one
One of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18)	The employer is obliged to establish at the request of the employee	Part one Art. 93 of the Labor Code of the Russian Federation
An employee caring for a sick family member	The employer is obliged to establish, at the request of the employee and in accordance with the medical certificate issued in accordance with the established procedure	Part one Art. 93 of the Labor Code of the Russian Federation
An employee undergoing training in an organization and performing work under an employment contract	The employer may establish, by agreement with the employee
Postgraduate student studying in postgraduate study by correspondence	The employer is obliged to establish one free day from work per week with payment in the amount of 50 percent of the salary received, but not less than 100 rubles.	Paragraph 7 of Art. 19 of the Federal Law of August 22, 1996 No. 125-FZ "On Higher and Postgraduate Vocational Education" Note : Canceled. See 273-FZ "On Education in the Russian Federation"
An employee who is on parental leave	The employer is obliged to establish at the request of the employee	Part three; Federal Law of December 29, 2006 No. 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood"
All employees, if a change in organizational or technological working conditions may lead to their mass dismissal	The employer has the right to establish such a regime, taking into account the opinion of the trade union for a period of up to six months	,

When establishing part-time work for an employee with a child under 14, is the employer entitled to demand a certificate or other document on the working hours of the second parent?

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What to do if the day off due to a holiday falls on a part-time worker's day off

In this case, the day off is transferred to the working day of this employee, the closest after the day off moved due to the holiday.

The fact is that a day off can only be transferred to a working day (a day off is not transferred to a weekend). In addition, part-time workers, like ordinary workers, annually, in addition to days off, have the right to 14 days of rest in connection with national holidays (part 4 of article 93, part 1, 2 of article 112 of the Labor Code of the Russian Federation). And also for additional rest days due to regional non-working holidays, if they are established.

An example of transferring a day off for an employee with a part-time working week, if this day coincided with a non-working holiday

An employee works part-time from Tuesday to Friday and has a day off from Saturday to Monday.
In 2020, the day off from Saturday, January 4, was moved to Monday, May 4 (Government of the Russian Federation dated July 10, 2019 N 875). Therefore, for this employee, the specified day off is transferred to Wednesday, May 6 - his first working day this week.

How is part-time work different from reduced

Criterion	Short working hours	Part-time mode
Salary	In the amount provided for normal working hours	In proportion to the hours worked or depending on the amount of work performed
Establishment procedure	Mandatory for the employer. Established by the Labor Code and other laws	Established by agreement between the employee and the employer, the initiative may belong to either party
Working hours	Established by federal law	Installed by agreement of the parties
For whom it applies	For certain categories of workers in need of increased labor protection measures (minors, disabled people, pedagogical and medical workers, etc.) ()	There are no legal restrictions

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How to pay for the work of an employee in part-time, part-time work

If the employee works part-time, then you need to pay for it as follows. Calculate wages in proportion to the time worked or depending on the amount of work performed (part two of article 93 of the Labor Code of the Russian Federation). Similarly, the average earnings of an employee for benefits for temporary disability, for pregnancy and childbirth and a monthly allowance for child care are determined.

Irina M. works part-time and receives a salary depending on the amount of work performed (50 rubles per item). In March, an employee produced 350 parts on the machine. Thus, her salary this month will be 17,500 rubles. (350 x 50).

If an employee has worked more hours, this will be considered overtime work. Therefore, the first two hours must be paid at least one and a half times, and the next hours - at least twice the size ().

You can ask the employee for a document confirming the reason for part-time work (for example, a certificate from the antenatal clinic about pregnancy)

Senior economist Galina S. with part-time work (36 hours per month) receives 30,000 rubles. per month. On March 12, she was called to work overtime for three hours. We calculate the amount of the surcharge using the following formula:
E \u003d (S: V x 1.5 x 2) + (S: V x 2 x (P - 2)), where
S - monthly salary;
V - the number of working hours in March with a 36-hour working week;
P is the duration of overtime work.
Thus, the surcharge amounted to 1000 rubles. = (30,000: 150.2 x 1.5 x 2) + (30,000: 150.2 x 2 x 1).

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How to issue a transition to part-time work, an order, an additional agreement

The mode of part-time work (part-time working week, part-time working day (shift)) is established in the employment contract. Therefore, to begin with, on the basis of the employee’s application, it is necessary to draw up an additional agreement to the contract.

Note: Download the employment contract. The employee is set to work part-time

Be sure to reflect in it (part one):

days of the working week;
duration of daily work (shift);
start and end time of work;
break time.

If, according to the working conditions, it is impossible to observe the daily or weekly working hours (for example, the employee works on a rotating schedule), set the summarized accounting of working hours and determine the appropriate accounting period (month, quarter, etc.) (part one).

Elena P. works part-time. In the first and third weeks of the month, she works 20 hours, and in the second and third - 28 hours. Thus, she works 96 hours a month. Elena has a summarized accounting of working hours with a accounting period of one month. The salary of an employee for one hour of work is 150 rubles. Consequently, its size per month will be equal to 14,400 rubles. (96 x 150).

Then, on the basis of the additional agreement concluded, issue an order for the establishment of part-time work. Since there is no unified form of this document, you can compile it in free form. It is not necessary to make any entries in the employee's work book.

Limited Liability Company "Gasprom"
TIN 7708123456, KPP 770801001
full name of the organization, identification codes (TIN, KPP)

ORDER No. 256
on the establishment of a part-time work regime

Moscow 30.01.2017

In accordance with articles 93 and 173 of the Labor Code of the Russian Federation, I ORDER:
1. Set from February 2 to March 31, 2017 for manager A.S. Kondratiev, part-time work for the period before the start of the graduation project and the passing of state exams.
A.S. Kondratiev is set the following working day:
– beginning – 8.30;
– end – 15.50;
- lunch break - 12.00-13.00.
2. Accountants wages A.S. Kondratiev to produce in proportion to the actual hours worked.

Reason: statement by A.S. Kondratiev.

General Director ______________ A.V. Ivanov

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How to set part time mode

Expert opinions

- Work on a part-time basis does not entail any restrictions on her labor rights. The duration of the annual basic paid leave, seniority, the right to child care allowance and sick leave payment are preserved.

- In case of a part-time working week, an additional day of rest is a day off for the employee. You can attract an employee to work on this day only with her written consent (). It is forbidden to involve pregnant women in these days (part one).

- Part-time mode set in an additional agreement to the employment contract employee on the basis of his written application. Then, in accordance with this agreement, the employer needs to issue an order to establish an individual regime for the employee. Just remember that none work book entries there is no need to do so.

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Calculation of BENEFITS for BiR, child care, sick leave

How to determine the average daily earnings for calculating hospital benefits based on the minimum wage for a part-time employee

When calculating the hospital benefit from the minimum wage for an employee who, at the time of the insured event, has a part-time work regime, determine the average daily earnings in proportion to the employee's working hours (Law of December 29, 2006 No. 255-FZ). To calculate, use the formula:

Average daily earnings if the employee is set to work part-time

less than the Minimum ROT on the start date of maternity leave, then consider the allowance based on the minimum wage, taking into account the length of working time.

To calculate the maternity benefit, you need to calculate the average daily earnings. As a general rule, it is determined as follows: the total amount of earnings accrued for the billing period and subject to social insurance contributions is divided by the amount of calendar days in the billing period. This rule also applies to the calculation of the average daily earnings for employees who have part-time work (part 3.1 of article 14 of the Law of December 29, 2006 No. 255-FZ, clauses 15, 15.2, 16 of the Regulation, approved by the Decree of the Government of the Russian Federation of June 15, 2007 No. 375).

If a woman worked part-time, her average monthly earnings may be less than the minimum wage set at the start date of maternity leave. In this case, to calculate the average daily wage, you need to use the minimum wage. The value of the minimum wage itself is reduced in proportion to the length of the employee's working time. This procedure is provided for by part 1.1 of article 14 of the Law of December 29, 2006 No. 255-FZ, clause 15.3 of the Regulations approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375.

An example of calculating the maternity benefit for an employee who has a part-time job

E.I. Ivanova works at 1/2 rate. In July 2018, Ivanova goes on maternity leave. The settlement period is 2016–2017. By the time the maternity leave began, the total insurance experience of the employee exceeded six months, so the allowance is calculated based on the earnings she actually received. The billing period has been fully completed. There were no days excluded from the billing period.

Ivanova's actual earnings were:

for 2016 - 80,000 rubles;
for 2017 - 90,000 rubles.

We check whether Ivanova's average earnings for a full calendar month exceed the minimum wage.

The average monthly salary of an employee for the billing period was:

(80,000 rubles + 90,000 rubles): 24 months = 7083.33 rubles / month

The value of the minimum wage at the start date of maternity leave is 9489 rubles. But since Ivanova at that moment worked at 1/2 rate, this value must be reduced.

The amount of the minimum wage accrued on the basis of the employee's work schedule is: 9489 rubles. : 2 = 4744.50 rubles.

Thus, the average monthly salary of an employee in the billing period in terms of a full month (7083.33 rubles) is more than the minimum wage at the start date of maternity leave (4744.50 rubles). Therefore, when calculating benefits, we determine the average daily earnings based on the actual earnings received:

RUB 170,000: 731 days = 232.56 rubles / day

The total amount of benefits for pregnancy and childbirth was: 232.56 rubles. × 140 days = 32,558.40 rubles.

Whether the Child Care Benefit needs to be reduced if the employee worked part-time during the billing period.

Usually, the length of the working day does not affect the amount of the allowance for caring for a child up to 1.5 years. The payment depends only on the average daily earnings for the last two calendar years that precede the start of parental leave. This follows from the provisions of the Law of December 29, 2006 No. 255-FZ.

And only if the average monthly salary in the billing period is below the minimum wage, the allowance is calculated based on the minimum wage. Whether to apply part-time ratio, depends on what working conditions the employee had at the time the vacation began. If he worked full time, the coefficient does not apply. Adjust the minimum wage in proportion to the working time only if there was a part-time work regime before the vacation.

In any case, the monthly benefit for caring for a child up to 1.5 years old should not be less than the minimum amount. Take these restrictions into account when calculating benefits based on the minimum wage (part 1.1 of article 14 of the Law of December 29, 2006 No. 255-FZ, letter of the FSS of Russia of November 16, 2015 No. 02-09-14 / 15-19990).

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Who is required to go to work on weekends or holidays? The administration provides for work on weekends and holidays ONLY time off for hours worked - this is a violation of the Labor Code of the Russian Federation.

An internal part-time worker can work in his organization in the same position as in the main job, the features of part-time work.

Part time mode can be set:

employee upon hiring. Then the condition for this must necessarily be spelled out in the employment contract with him (Article 57 of the Labor Code of the Russian Federation). In addition, the duration of part-time work must also be indicated in the order for hiring an employee;
a long-time employee through the execution of an additional agreement to his employment contract.

An employment contract for part-time work can be concluded:

both with an employee accepted for the main place of work, and with a part-time job;
both indefinitely and for a specific period.

Employment contract on a part-time basis

In case of part-time work, the employee is set a part-time work day and / or part-time work week (Article 93 of the Labor Code of the Russian Federation). That is, in the employment contract, you can specify, for example, that "the employee works part-time 5 days a week from Monday to Friday from 9.00 to 13.00."

And you can only determine the total duration of working hours that an employee must work per week, say, 20 hours. At the same time, the specific days when the employee is obliged to come to work and perform his labor duties, with a certain frequency (monthly, weekly, etc.), are established by the immediate supervisor of the employee.

By the way, if during the working day the employee must work no more than 4 hours a day, then he can not be provided with a lunch break. But this should be indicated in the internal labor regulations of the organization or in the labor contract itself with the employee (Article 108 of the Labor Code of the Russian Federation).

The wage clause in the employment contract

The work of an employee who works part-time or part-time is paid in proportion to the working time worked by him (Article 93 of the Labor Code of the Russian Federation). But in the employment contract, his salary or tariff rate is indicated on the basis of the full rate.