Part-time labor code. Minimum part-time work

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 current version of Art. 93 of the Labor Code of the Russian Federation with comments and additions for 2018

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member 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.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

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

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

1. Part-time work is the performance of work on the terms of working hours less than those established by law, regulatory documents.

________________
Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. M.: INFRA-M, 2006.

An employee may carry out his official duties in the part-time mode in two cases:
- if there is an agreement between the employee and the employer;
- mandatory due to the requirements of the law.

Two types of part-time work can be set:
- part-time work week;
- part-time work.

The employee and the employer, by mutual agreement, decide which type of part-time work to give preference.

The main condition for the implementation of part-time work in the first case is the achievement of an agreement between the employee and the employer, fixed in writing by the signatures of both parties and which is an integral part of the employment contract concluded by the parties earlier.

In cases where the part-time work regime is established for the employee immediately upon employment (for example, part-time work), this is prescribed in the employment contract concluded by the parties, and an additional agreement is not required.

2. In addition, the legislator has established cases where the employer is obliged to establish part-time work for an employee:
- for pregnant women. For this category of employees, the employer is obliged to establish a part-time working week or part-time working day in accordance with the request of the employee. At the same time, the number of working hours is determined by the woman based on her well-being. Note that the labor legislation does not establish in this case the minimum threshold for part-time work. Thus, the choice of the number of working hours per shift or working day or working week is made by the employees themselves, and the employer can only satisfy such a request. It is obligatory to express such a request of a pregnant woman in writing. It seems that when applying for the establishment of a part-time work regime, a pregnant woman must submit relevant documents confirming the state of pregnancy, although this is not directly indicated by the legislator. The remuneration of such an employee will be carried out by the employer in proportion to the hours worked during the month, which is not any restriction or discrimination. In addition, in this case, the calculation of the maternity benefit, as a general rule, is calculated in the amount of 100% of her average earnings (Article 11 of the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"). Thus, the smaller the number of working hours, the smaller the amount of benefits a pregnant woman will be able to receive in the future;
- in relation to parents, guardians or trustees who have a child under the age of fourteen (a disabled child under the age of eighteen). The legal status of guardians and trustees is regulated by the Civil Code of the Russian Federation (ogkrf.ru) and the Federal Law of April 24, 2008 N 48-FZ "On Guardianship and Guardianship". Disabled children are persons from among the disabled under the age of eighteen (see the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation").

Attached to the application of the said employees on giving them the opportunity to perform their duties in the part-time mode are the following: child's birth certificate; a document confirming the relationship (for parents) (for example, an adoption certificate); a document confirming the right to exercise guardianship or guardianship; documents confirming that the child has a disability.

In this case, wages are paid to employees also in proportion to the time worked by the employee;
- in relation to employees who, due to the prevailing family and life circumstances, are caring for a sick family member. In this case, the specified category of employees must be attached to a written application and submit to the employer documents confirming that a member of their family needs constant care in accordance with a medical report. The procedure for issuing an appropriate medical opinion is established by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n "On Approval of the Procedure for Issuing Certificates and Medical Reports by Medical Organizations".

It seems that in all cases when an employee is given a part-time work regime based on the employee’s application, the employer must issue an appropriate order or instruction to establish an appropriate regime for a particular employee, indicating the duration of the work shift, working day or working week.

An important circumstance of performing part-time work, regardless of whether such a regime is established by agreement between the employee and the employer or on the basis of a written application from the employee, is the provision of full-fledged annual paid leave to employees. Restriction of the annual basic leave by the legislator is prohibited.

In addition, it is prohibited to restrict the length of service, as well as any other labor rights for employees who perform their duties in part-time mode.

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 or reduced working time established by the given employer.

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

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

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

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

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Working hours are regulated by the Russian Labor Code. Part-time work is characterized in article 93 as a reduction in working hours, paid in proportion to the number of hours worked, shifts. Part-time work is provided in the application form.

Transition to part-time work

With a request to switch to work on a shortened schedule, each employee has the right to contact the employer. Mandatory approval is possible if the employee belongs to the privileged category of persons. The employer has the right to prohibit everyone else from working under a shortened regime if it is unprofitable for him

The employer is obliged to accept the application and agree (or refuse) the work schedule for the reduced version.

• future mothers;
• parent, guardian, guardian of a child under 14 years of age and a disabled child under 18 years of age;
• a person caring for a sick family member, the condition of the disease is confirmed by a medical report.

The beneficiary can work on a shortened schedule for as long as necessary in connection with the circumstances that have arisen. The daily routine is adjusted taking into account the needs of the employee and production features.

The earnings of a part-time worker will be less. Accrual is carried out taking into account the hours worked (produced for the change of products).

A shortened schedule can be set both for an unlimited time and for a strictly defined period. Conditions are reflected in the employment contract.

A shortened worker is granted annual leave of at least 28 days. Work experience is not sequestered. The procedure for establishing part-time work is regulated by Article 93 of the Labor Code of the Russian Federation “Part-time work”.

What is a part-time job

Additional Information

Part-time work is a form of employment in which the duration of the worker's working hours is less than that defined by law. By agreement between the applicant and the employer when applying for a job, and also subsequently, a shortened day may be fixed (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not provide a decoding of the concept of "part-time work". But the Convention of the International Labor Organization (24.06.1994) No. 175 designates this term as working time, the duration of which is less than the normal length of the working day. It is important to know that this document has not been ratified by Russia. But commitments were made to consider its provisions for approval by Russian trade unions and employers' associations.

The employee must apply for a job or go to work on a part-time schedule. In this case, he has the right to choose any suitable option:

• part-time: 4, 5 or 6 hours, not 8.
• part-time work, such as working eight hours a day but three days a week instead of five;
• short day and week mode: work 6 hours a day, three days a week instead of five.

In addition to the groups of persons listed in the article of the Code who are entitled in accordance with the Labor Code of the Russian Federation to a part-time job, postgraduate students on parental leave and studying in absentia can work part-time.

Persons who do not belong to any of the privileged categories are also allowed a shortened work schedule.

How does part-time work affect wages and vacations?

By switching to shorter hours of work, the employee loses earnings. According to Art. 93 of the Labor Code of the Russian Federation, remuneration in such cases is made on the basis of the time actually worked or the volume of products produced.

The number of days of annual leave is not affected by the partial work schedule. Vacation pay is calculated according to the general rule based on the average daily earnings.

By multiplying the number of days of rest by the average salary per day, the amount of vacation pay is calculated. To calculate the average daily earnings, an annual period and only labor payments are taken. Disability allowance, various social supplements are not taken into account.

Working in the mode of a reduced working day, the employee enjoys the same labor rights as other employees. There should be no infringement of the rights and guarantees of such an employee. But you need to understand that wages, and therefore all payments (sick leave, vacation pay, BIR allowance), calculated on average daily earnings, will be less.

Can an employer force you to work part-time?

Fixed by labor legislation, the usual norm of working time is 40 hours a week when working 8 hours with two days off. Working time is the time allotted to the employee to fulfill the labor norm, plan, task. When normal hours of work are shortened, wages are also reduced.

Curious facts

Do not confuse part-time work with a reduced one, which is mentioned in Article 93 of the Labor Code and which is established for certain categories of persons. For example, for citizens under the age of 16, disabled people, students, workers employed in hazardous areas of production, etc. For such workers, reduced working hours are considered the full norm. Detailed information regarding the rights of workers or working conditions is presented in the Labor Code with comments. If necessary, you can contact him.

Such a schedule does not cause any complaints in cases of voluntary transition. Problems can arise when part-time work is introduced at the initiative of the employer, and such a schedule is most often unprofitable for the employee.

By law, the employer has the right to introduce a part-time work week for up to 6 months. If the employee does not agree with such a change in the labor schedule (in this case, he loses pay), the employee is dismissed under Part 2 of Art. 81 of the Labor Code of the Russian Federation. In this case, the dismissed person is compensated.

How to get a part-time job

Before registering an employee for a part-time job, if such an application is received, the employer must establish whether the applicant belongs to the preferential category of workers or not.

If the employee does not belong to the privileged category, you should:

1. Determine the amount of work available, anticipated production tasks and other factors to decide whether the applicant's request can be met. If the nature of the work allows, the employer has the right to grant permission.
2. If an employee is just getting a job, the employment contract indicates in what mode he (at 1/2, at 3/4 of the rate, etc.) will work and what amount of remuneration he will be set for this.
3. If an already working employee requests a change in the operating mode, information on the transition to a new mode of operation is entered in a separate document, by agreement of the parties. It is mandatory to indicate the amount of the full salary for this position and the amount of payment when working part-time, quarter-rate, etc. If necessary, the period for which an additional agreement for part-time work is concluded. The sample for drawing up an additional agreement is not regulated by the Labor Code of the Russian Federation. The agreement is drawn up in any form, but must be in writing (Article 72 of the Labor Code of the Russian Federation).

Accordingly, the accrual of salaries, taxes, disability benefits will be carried out in proportion to the established rate.

If the employee belongs to one of the categories specified in Art. 93 of the Labor Code of the Russian Federation, the head is obliged to provide the required work schedule unconditionally.

Further registration for work takes place in the usual manner.

It must be remembered that a part-time worker is subject to all labor rights and guarantees provided for by law: payment for sick leave, regular leave, etc.

Quite often, the employee himself is the initiator of changing the work schedule. But sometimes it happens that for a number of reasons the previous clauses of the employment contract cannot be saved. Then they can be changed at the discretion of the manager.

In this case, the organization must inform its employees in advance about the impending changes and the reasons that led to this. The employer informs the employees that they will be transferred to part-time work (Labor Code of the Russian Federation, Art. 74) no later than two months in advance.

Compensation to the employee of income lost due to the fault of the employer

The Labor Code obliges the employer to compensate the employee for the loss of income if there are such cases as:

• illegal dismissal, suspension from work, transfer to another place;
• failure to comply with the decisions of the court or the labor inspectorate, which restored the violated rights of the employee;
• non-issuance of labor on time or making an incorrect entry in it about the reasons for dismissal.

In these cases, the employer is obliged to compensate the employee for lost wages.

Part-time work is described in the video

First pension for part of the month

How is the first pension calculated for an incomplete month, if it is assigned, for example, from the 10th day. The amount of the pension is calculated according to the formula:

A \u003d B x (N - 10): N, where

A - the amount of the pension for an incomplete month
B - the amount of the pension
N is the number of days of the month, 30 or 31.

In such cases, employees of the territorial FIU determine the payment in proportion to the days of accrual. Consequently, only part of the pension is due for an incomplete month.

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Under certain circumstances, employees may work part-time. The minimum part-time work is determined by the employer and is not legally established.

Part-time work may be provided for in an agreement between the employee and the employer. At the same time, 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 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 issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

The duration of part-time work for this category of workers is not limited to a minimum size and in practice is set taking into account the wishes of the employee and the actual terms for performing a certain labor function by him during the time of work.

Under such conditions of work, the employee is paid in proportion to the hours worked. All social guarantees for the employee are preserved. That is, he also has the right to annual paid leave, sick leave, etc.

Reduction of working hours can occur both at the initiative of the employer and at the initiative of the employee. By the employer - in case of a change or reduction in the production process. On the part of other categories of workers - under any other conditions expressed in their statements, which will seem to the employer quite weighty.

Minimum part-time work

The Labor Code does not establish a minimum working time, only a maximum of 40 hours per week. Therefore, in situations requiring the transfer of employees to part-time or part-time work, the employer himself sets the length of working time.

This occurs in cases where, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.), the terms of the employment contract determined by the parties cannot be fulfilled.

The employer is obliged to notify the employee in writing about the upcoming changes (in this case, the introduction of part-time work), the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than 2 months, unless otherwise provided by the Labor Code.

When the reasons mentioned above may lead to mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of the Labor Code for the adoption of local regulations, to introduce a part-time work regime (shift) and (or) part-time work week for up to 6 months.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated due to downsizing. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

In cases where the employer takes such a step to avoid mass layoffs, this duration can even be one hour per day. At the same time, due to the fact that the employee switches to special working conditions, his monthly salary may be less than the minimum wage. That is, the employer does not pay the employee up to the minimum wage if the salary calculated in proportion to the time worked is less than this norm.

Note. The employer can set any length of part-time work.

Too little part-time work: the consequences

Depending on the specific production conditions, other working hours may be established. Based on the working conditions and the performance of a certain function (for example, teaching), the duration of part-time work can be, say, 2-3 hours a day or 1-2 days a week.

For failure to comply with the obligation to notify the employment authority, it is possible to be held liable in the form of a fine:

- for an organization - in the amount of 3,000 to 5,000 rubles;
- for the head - in the amount of 300 to 500 rubles.

As recommendations on the length of working hours, it can be noted that it is best to set such working hours for employees so that they have time to perform the necessary labor functions and at the same time do not feel the infringement of any rights.

A. Hong,
Chief Accountant of the NAECO GMK Group of Companies

Article review:
B. Chizhov,
deputy head of business department
Office of the Federal Service for Labor and
employment, state adviser of the Russian Federation II class

*(1) Art. 92 and 93 of the Labor Code of the Russian Federation
*(2) Art. 93 of the Labor Code of the Russian Federation
*(3) Art. 91 Labor Code of the Russian Federation
*(4) Art. 74 Labor Code of the Russian Federation
*(5) Clause 2, Part 1, Art. 81 of the Labor Code of the Russian Federation
*(6) Art. 423 of the Labor Code of the Russian Federation
*(7) p. 8 post. State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated April 29, 1980 N 111 / 8-5