Part-time, half-time job. Transition to part-time work

Part-time work is established by agreement of the parties or as mandatory for individual employees listed in the Labor Code of the Russian Federation, and also, if necessary, caused by certain changes in the enterprise. In this article, we will reveal the reasons for the introduction of this regime.

The procedure for registration of part-time work at the initiative of the employee

Part-time work is set as a result of an agreement between the employee and the employer. The initiator of such a regime can be both the employee and the employer.

With an already concluded employment contract, the part-time work regime (NRW) is introduced by concluding an additional agreement. It must be preceded by an employer's order to establish an NRV, which the employee gets acquainted with on receipt. The agreement is drawn up in writing.

The NRT can be established through the introduction of part-time work, a week, or a mixture of both.

The period for which such an agreement is concluded is not determined by law, therefore, an agreement can be concluded both with or without a specified period.

The unilateral procedure for terminating the NRT agreement is not established by the current legislation, and therefore, when changing the terms of the NRT, the consent of both parties is required.

Thus, the Meshchansky District Court of Moscow dismissed the employee's claim for the restoration of full working time (decision dated December 22, 2014 in case No. 2-18992/2014).

Part-time work for some persons under the Labor Code of the Russian Federation

By virtue of h. 1 Article. 92 of the Labor Code of the Russian Federation, the NRT regime is mandatory for the following persons:

• minors;
• disabled people of I and II groups;
• workers in harmful conditions of 3-4 degrees;
• pregnant women;
• persons who have minor children under 14 years of age or a minor child with a disability;
• caregivers of family members.

Also part-time work is set for medical, pedagogical workers, for work with chemical weapons, for women working in settlements and in the regions of the Far North and territories equivalent to them.

At the request of a woman on parental leave, and with the consent of the employer, she may be assigned an NRV; at the same time, she has the right to perform labor duties both in the office and at home.

Part-time work at the initiative of the employer

Part-time work may be established by order of the employer in the cases provided for in Art. 74 of the Labor Code of the Russian Federation: in connection with a change in the organizational structure or technological processes at the enterprise. The introduction of NRV is allowed only with the approval of the trade union for a period not exceeding 6 months in a row. And such a regime cannot worsen the position of workers. At the same time, the legislator does not limit the number of such introductions of NRV and their frequency in production.

The employer is obliged to notify the employee in writing about the introduction of NRV 2 months in advance. Also, the organization must report the changing work regime to the employment service and statistical authorities. Failure to comply with this requirement of the law provides for liability under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation.

The procedure for setting partial time

1. The employer notifies employees in writing of the establishment of part-time work in the organization.
   The notice is given to the employee against receipt. An act is drawn up on the refusal to receive it.
2. Further, an order is issued on the forthcoming introduction of the NRT regime, which indicates the grounds and the need for such an establishment.
3. Employees get acquainted with the order against receipt.
4. Refused employees are offered other positions in writing. Such notice must contain:
   • Job title;
   • working conditions;
   • description of the labor function;
   • the amount of payment and other essential conditions.

   At the same time, it is advisable in the notification to offer several positions at once to choose from. Notify the employee, in accordance with Art. 74 of the Labor Code of the Russian Federation, possibly within 2 months both several times and once.

5. If the employee agrees to transfer to another position, an appropriate additional agreement is concluded.
6. If the employee disagrees, he leaves after 2 months.

Grounds for switching to part-time work

A change in organizational or technological working conditions should be understood as any modifications in production activities that change the production cycle from the technological side or rebuild the structure of the organization, in particular, this is a structural transformation of work units, reorganization, as well as other circumstances related to the technology or organization of the production process .

An unconditional reduction in wages will not be taken into account by the courts as a change in working conditions within the meaning of Art. 74 of the Labor Code of the Russian Federation. This conclusion was reached by the court in the appeal ruling of the Krasnoyarsk Regional Court dated February 2, 2015 in case No. 33-797, A-9.

That is, the introduction of NRT from the point of view of the Labor Code is a forced measure that cannot be arbitrarily introduced without the grounds expressly specified in the law. For example, it is impossible to introduce NRT due to the global crisis, without reasons related to technology or the organization of the production cycle. Such a regime may be challenged in court.

In disputes about the legitimacy of establishing part-time work, the burden of proof is as follows.

The employer proves:

• changes in working conditions as a basis for the introduction of NRT;
• the fact that NRV does not violate the rights of the employee (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004, the decision of the Leningrad Regional Court dated February 3, 2010 in case No. 33-511 / 2010);
• an investigative link between changes in pay and changes in production in order to establish an NRV (appellate ruling of the Arkhangelsk Regional Court dated 04.02.2013 in case No. 33-0671 / 2013);
• the need to introduce technological and organizational changes is not included in the subject of proof in such disputes (appellate ruling of the Yaroslavl Regional Court dated July 19, 2012 in case No. 33-3711 / 2012).

When the reasons that served as the basis for the introduction of NRT are eliminated, the employer can cancel the introduced regime in the organization at any time. To do this, it is enough to issue an appropriate order and familiarize employees with it.

Contents of the notice on the introduction of part-time work

The notice must be in writing and delivered to the employee no later than 2 months before the date of the forthcoming introduction of the NRV. For individuals, the period for sending a notice is at least 14 days.

There are no clear requirements for the form of notification in the law. However, it does say what information it is appropriate to include in a notice of an upcoming reduction in hours of operation. This is including:

• motives and reasons for the need to make such a decision;
• NRV term;
• workers' rights;
• deadline for accepting an offer to transfer to another position.

Based on the ruling of the Moscow City Court dated July 1, 2010 in case No. 33-19700, the dismissal was declared illegal, because the notice did not contain reasons for reducing working hours.

If there is no motivation for the reduction in the notice, the employee may also be reinstated by the court (ruling of the Supreme Court of the Udmurt Republic dated 05/30/2011 in case No. 33-1880/11).

Part-time worker rights

The employee has the right to agree or disagree to work in the NRT regime. In case of disagreement, he must be offered another position in writing. At the same time, the employer has the right to offer any vacancy: both with the appropriate qualifications and with less pay for work. When transferring to another position, the medical indications of the employee must be taken into account.

The refusal of the employee from the proposed options must be formalized in writing. In this case, and also if there is no objective possibility to transfer the employee to another position, the employment contract with him is terminated on the basis of paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Upon dismissal on this basis, in addition to the payments due, another 2-week severance pay is issued on the basis of Art. 178 of the Labor Code of the Russian Federation.

In accordance with Art. 93 of the Labor Code of the Russian Federation, when working part-time, annual paid leave is granted in the usual manner and in full. At the same time, when calculating vacation pay, an incomplete month is considered as fully worked. Thus, with such a calculation, the amount of vacation pay may decrease, since the average monthly salary is calculated on the basis of a full month, and payment is made for the time actually worked.

Thus, the Labor Code of the Russian Federation contains an exhaustive list of grounds for introducing a reduction in working hours. In case of non-compliance with the legal requirements for part-time work, the employee has the right to challenge such a reduction in working time through the court, and adverse consequences may occur for the employer in the form of bringing to responsibility established by law.

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

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

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

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

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

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

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

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

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

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

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

Part-time transfer at the initiative of the employer

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

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

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

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

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

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

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

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

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

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

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

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

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

What if employees don't want to?

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

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

The procedure for transferring to an incomplete week

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Legislative innovations regarding part-time work

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

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

The decision to switch to a work schedule with a reduced working day arises quite often, either due to production needs, or at the request of the employee due to existing family or other circumstances.

This is the time of work of the performance of their duties by hired personnel established by the employment contract.

A sample part-time employment contract should be kept by the HR department of the company. The work schedule with reduced time has several types:

• part-time work - the time of a full shift is shortened in agreement with the manager (the working number of hours is not 8, but 6 or 4);
• part-time work week - daily labor time is 8 hours, but not on all days of the week (not 5, but for example - only 3 days);
• mixed - implies the presence of various options with part-time (an example of such a schedule: an employee works 3 days for 4 hours per shift and one day a week - full time, 8 hours).

Reduced time is always determined by the employment contract by agreement of the two parties (between employees and the employer). By mutual agreement, the terms for which a new shortened one is introduced are also established. The duration of such a schedule may be indefinite.

You should be aware that these life circumstances do not affect the other rights of the employee.

In what cases is it necessary to enter part-time work?

The application of the reduced working day regime can be introduced in two cases: at the initiative of employees or employers.

At the initiative of the worker. A person working at an enterprise may ask, and the manager must give such an opportunity to the following categories of citizens:

• one of the guardians or a parent whose child is under 14 years of age;
• to care for a person under the age of 18 and with a disability;
• a person who looks after a sick relative, if this is confirmed by the relevant documents;
• statement of the employee (of his own free will) indicating the reasons for switching to a preferential schedule.

At the initiative of the employer. In rare cases, the employer himself introduces a part-time work regime. This happens if the technological conditions in the workplace can lead to mass layoffs of employees.

This can happen when changing the technological processes in production, in cases where the organization is reorganized. If during these processes there are changes in the employment contract, then the introduction of such a regime is carried out at the initiative of the heads of the enterprise.

In all these cases, the employer must take into account the wishes of his subordinate and try to establish terms of the new schedule acceptable to both parties and convenient work and rest times for the employee.

Features of concluding an employment contract

This is an agreement that one person (the employer) will pay remuneration for a certain type of activity, and the other (in the person of the employee) agrees to carry out activities under the contract and in accordance with the internal labor schedule (the contract form is filled in by the employee himself).

Attention! The provision of work with a reduced day is possible only if there are documents confirming the need for this. All documents must be filled out correctly and without errors, and also have an evidence base on the reason for the transition in order to work with such a schedule. An application for the desire to switch to a reduced working mode is submitted after the worked shift.

Subsequently, the personnel department is already obliged to indicate on which the worker will carry out his activities further. If this is not done or the worker does not file an application on time, this can lead to a situation of dismissal for absenteeism.

Since hiring is carried out according to the usual procedure, there will be no marks in the work book that the employee carried out his activities according to the schedule of the shortened day.

If an order is accepted to hire an employee for the declared position in the part that describes the “nature of the work, its conditions”, a record of the form: “part-time work” is required. If necessary, the conditions for the performance of such work should be additionally prescribed.

Attention! It is worth considering the fact that part-time registration is an agreement between the manager and the employee by mutual agreement, and not a decision made exclusively by the employee unilaterally. The manager may take into account the wish of the employee, but is not obliged to follow it. In other words, he may refuse a request to be given the opportunity to work part-time (except in the case of caring for a child under the age of 3 years).

The transition to the "part-time" mode of work usually does not entail infringement of the rights of the employee. Employees under this type of contract have the same leave as those who work at a standard rate. They are fully entitled to holidays and weekends (as well as to the reduction in the number of working hours established by law for a number of persons).

Employers are allowed to set a part-time schedule or from the very beginning, or announce it later (when entering into a part-time employment contract, a sample can be requested from the personnel department).

How is part-time work paid?

Payment is accrued either by the time that the employee spent carrying out his activities at the workplace, or by the volume of work performed.

So that the person being hired or the one who switches to has no questions and everything is clear, it is necessary to carefully spell out in the employment contract how the work will be paid.

First, the amount of payment at the full rate is prescribed, then the procedure for remuneration for working at a part-time rate is considered. At the same time, a part-time worker does not have the right to demand wages that would not be lower than the minimum wage, since he does not work in full shifts.

As for, they are not taken into account and are not paid.

Vacation during part-time work

Part-time workers, along with the rest, are also entitled to full annual paid leave, because. the time that they have worked is credited to the length of service as the time worked in full (Article 93 of the Labor Code of the Russian Federation).

When calculating vacation pay, we determine in order the following values:

• Settlement year (calculation period) - 12 months. before the vacation (for example: the beginning of the vacation on 01/09/2018, the settlement period will be from 01/09/2017 to 01/08/2018.
• The number of days in each month. If a full month is worked out, then this is 29.3 \u003d ((365 - 14) / 12), where 365 is the total number of days in a year, 14 is the number of holidays, 12 is the number of months in a year. If the employee did not work the whole month, then [number of work shifts] = [number of work days] / [calendar days] * 29.3 work, but with the preservation of payment).
• The number of days in the billing year = the sum of working days for each month.
• The amount of payments for the entire billing year = the amount of payments for each month of the billing period.
• Average daily earnings for the year = [sum of payments for the entire billing year] / [number of days in the billing year].
• The calculation procedure is established by Art. 139 of the Labor Code of the Russian Federation and clause 9 of Decree of the Government of the Russian Federation No. 922.
• Total vacation pay = [average daily earnings] * [number of vacation days].

Attention! The specified calculation methodology is applicable for employees who are transferred part-time without reservations.

Employers may also provide options for determining average earnings, other than those proposed in Art. 139 of the Labor Code of the Russian Federation, but forbid them to change in the direction that worsens the position of employees in comparison with the law.

The length of service for those who work part-time or a day is calculated in the same way as for those who work full shifts. According to Art. 93 of the Labor Code of the Russian Federation, it includes the same periods as for the rest.

For both managers and recruiters, all issues related to the transfer of employees to part-time work (Labor Code) are important and relevant today. Features, the procedure for remuneration, deciphering the concept of "part-time" - all this you need to know so that all aspects of management of both the whole team and individual employees are taken into account within the framework of the law.

You will be interested

The duration of the working week can be regulated at the legislative level or by agreement between the parties. In addition to the full working week, which contains 40 hours, there is such a thing as a shortened working week. Let us consider in more detail what its features are and how it differs from an incomplete work week.

What the law says

The working week cannot exceed 40 hours - this is what Russian legislation says. And this is true for both the five-day and six-day workweek. For the first case, the working day is limited to 8 hours, but in the second case, each employer sets the regime individually, taking into account the fact that the day before the weekend should not exceed 5 hours.

Other modes of operation can be calculated on the basis of legal norms.

But at the same time, for certain categories of employees, a reduced working week can be established.

Shortened work week

A reduced work schedule means that the employee will actually work fewer hours compared to the usual schedule for the same period of time. According to Article 92 of the Labor Code of the Russian Federation, a shortened working week is established for the following categories of persons:

• under 16 years of age (they must work no more than 24 hours a week);
• over 16 years old, but under 18 years old (they are required by law to work no more than 35 hours);
• having a disability of 1 or 2 groups (the labor activity of these persons should not exceed 35 hours);
• employees whose working conditions are defined as dangerous or unhealthy (in this case, the working week cannot exceed 36 hours).

This list is not final. It can be supplemented with facts from federal legislation. For example, the reduced duration of the working week for the teaching staff is 36 hours, and for health workers - 39 hours. At the same time, there is a decree of the government of the Russian Federation, which presents a list of specialties of medical workers and types of medical institutions for which the working week has been reduced to an even greater extent.

Payment Features

A work week of this type will be paid as a full week, but with some exceptions. The shortened working week under the labor code for underage workers will be paid according to the time actually worked or the amount of work performed. In other words, the work is paid in proportion to these indicators.

But, despite the legislative regulations, the employer has the right to make additional payments to his employees who work for a short time. In particular, he can pay for work at the same rate that full-time employees receive, but under certain conditions.

How should the payment of additional funds be carried out if a shortened working week is regulated for an employee? Payment must be posted as remuneration for overtime work.

Than an incomplete week despairs of a shortened

In some cases, an employee may be given a part-time work week. But this concept is significantly different from the concept of "shortened working week".

With an incomplete week, payments are made based on the hours worked and work performed, and with a reduced time, the work week can be considered full for certain persons and paid in full. Further, for the appointment of an incomplete working week, the mutual consent of both parties or the initiative of the employee is sufficient, while the shortened week is provided to a specific group of people.

An incomplete week can be introduced if the employer is contacted by:

• an employee in position;
• one of the parents of a child who has not reached the age of 14;
• one of the parents of a disabled child under the age of 18;
• a person who cares for a sick relative with the provision of a relevant certificate from a medical institution.

The manager can organize a part-time working week only on the basis of the application of these persons.

At the same time, the work book should not contain a record that the employee has a shortened work week or part-time work.

time tracking

To take into account working time is a direct obligation of the employer, and not his right or desire. Although many neglect this fact, thereby violating the prescriptions of legislative acts.

To keep track of the time worked by each employee, a special time sheet of the T-12 form is used, which is approved by a resolution of the State Statistics Committee of the Russian Federation. In addition to the fact that this document has its own direct purpose, it can also be taken into account as evidence in litigation under labor law.

Reduced working week in hours:

1. Persons under 16 years old - 24 hours.
2. Persons from 16 to 18 years old, disabled people of groups 1 and 2 - 35 hours.
3. Persons working under the influence of negative factors - 36 hours.

If a minor citizen combines study and work, then half of the norm from that established by law is applicable to him. That is:

• persons under 16 must work no more than 12 hours per week;
• persons from 16 to 18 years old - no more than 17.5 hours per week.

It is also necessary to establish a shortened working week, taking into account the norms of labor law and federal laws, for the following categories of employees, observing the hourly norms:

1. For teaching staff - 36 hours.
2. For health workers - from 30 to 39 hours.
3. For women working in the village - 36 hours.
4. For women working in the Far North - up to 36 hours.

As a result, all these facts must be taken into account in the time sheet.

Employer initiative

The total duration of the working week is one of the main conditions in the text of the employment contract. Consider the main reasons why the conditions set in the document may change.

According to Article 74 of the Labor Code of the Russian Federation, it is possible to change the initially agreed labor conditions in the event of future technological or organizational changes at the enterprise. These include:

• changes in the technology of the production process or in the technique itself;
• regular reorganization of the enterprise;
• other changes.

If the above changes can lead to a large layoff of the workforce, then the employer reduces the work week or introduces part-time work for employees. Thus, it is possible to save jobs and to some extent reduce financial costs.

In this case, it is legally allowed to introduce reduced weekdays for a period of up to 6 months. If it is planned to return to normal mode earlier, this issue must be agreed with the trade union organization of the enterprise.

If for some reason an employee refuses to return to full-time work, the employment contract with him may be terminated due to a reduction in the staff unit. And in this case, the employer will have to comply with the redundancy dismissal procedure, when the employee is paid all the necessary compensation payments.

Decor

A shortened working week at the initiative of the employer implies compliance with a strict sequence during registration. Each stage must be formalized exclusively in writing.

In order for the organization to establish reduced working hours, it is necessary:

1. Issue an order that warns all employees about the change in the working regime. The document must: justify the need for the transition to a new regime; list those units that will work according to the new schedule; specify the specific operating mode. In addition, the document must indicate the start date for the new schedule and the period for which the regime is set. Responsible persons should be indicated who will notify the team about innovations.
2. Notify the work team. Employees who are affected by the innovation must be notified of this two months in advance. Failure to comply with established standards can lead to litigation. Notices must be in writing. In addition, each employee must sign for receipt of this notice. If you do not want to sign the notice, you must draw up an appropriate act in the presence of two witnesses.
3. Submit information to the labor exchange. Within three days from the date of the decision to establish a new regime in the organization, the management must report this fact to the employment center. If this fact is ignored, the organization may be fined.

Employer's responsibility

The shortened working week according to the labor code implies a certain responsibility on the part of the employer. In relation to him, the provisions of the Code of Administrative Offenses of the Russian Federation are applicable and it is possible to apply punishment in the following form:

• a warning or a fine from 1,000 to 5,000 rubles (for officials);
• a fine of 1 thousand rubles. - 5 thousand rubles. (for entrepreneurs who work without forming a legal entity);
• a fine in the amount of 30 thousand to 50 thousand rubles (for legal entities).

If a person is repeatedly involved for the relevant violation, he may face a higher fine or disqualification from his position.

What documents are supported

Most often, all the main nuances of the labor activity of employees are enshrined in the local acts of the company. All working conditions, work schedule and duties are prescribed:

1. in an employment contract.
2. In the basic rules that establish the labor schedule in the organization.
3. in a collective agreement.

Considering that the shortened working week is usually temporary, this item is not included in the general local acts, in addition to the employment contract. But in the collective agreement, this condition must be spelled out in advance.

All changes in the employment contract must be agreed upon by both parties and are entered into the document in accordance with the conditions specified in Art. 74 of the Labor Code of the Russian Federation.

Advantages

With the introduction of a shortened working week, you can find many positive aspects. This applies to both employees and the employer. The positive aspects of reduced time include:

• the emergence of free time for employees to solve their own personal issues;
• the possibility of finding a part-time job;
• the opportunity to maintain labor benefits in full;
• an opportunity for the employer to reduce labor costs;
• reduction of working hours can be considered as a short-term measure to optimize the workforce in order to avoid the introduction of downtime in production or reduction of staff.

Flaws

The main disadvantages of the introduction of a reduced regime include:

• lower wages compared to a full-time work week;
• lack of career growth;
• increase in work volumes that do not correspond to working hours;
• the employer is obliged to provide employees on a reduced schedule with full payment for vacations and sick days;
• a decrease in work time can lead to a decrease in the total amount of work performed, and, accordingly, the profit for the organization.

So, a shortened working day should not be confused with part-time work. Each of these concepts corresponds to different categories of workers and, moreover, payment will be made in different ways.

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 who are obliged by the employer to establish a part-time work schedule can express their wishes regarding the work schedule. 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?

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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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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How is part-time work different from reduced

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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

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

minimum wage

Installed for an employee during part-time work
------------
Number of working hours per day (week) during normal working hours

Calculate the daily allowance taking into account the insurance experience of the employee:

daily allowance

Average daily earnings with part-time work

Benefit as a percentage of an employee's average daily earnings
(100%, 80%, 60%)

How to calculate the B&D allowance for an employee who has a part-time job

According to general rules. If the average monthly salary is 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 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.