Part-time or part-time work. We set part-time working hours at the request of the employee. Who is entitled to a part-time day by law?

Standard working hours are not always convenient for both the employee and the employer due to economic and life realities. Current labor legislation the possibility of reducing the working day at the initiative of each party is provided. In order for a transfer to part-time work to be legal, both the employee and the employer must comply with a number of rules.

Part-time work and its types

Part-time working time means working hours less than normal, which, in accordance with Art. 91 Labor Code of the Russian Federation cannot exceed 40 hours per week. Provided the following types part-time:

part-time work (shift), in which the number of hours of work per day (shift) is reduced: for example, instead of the eight hours of work established at the enterprise, five or six hours;

incomplete working week, when the number of days of work is reduced, for example, three days a week instead of the established five days, while the number of hours of work on weekdays is not reduced.

Part-time and short-time working hours are not the same thing. According to Art. 92 Labor Code of the Russian Federation reduced working hours are established for certain categories of workers (under 16 years old, from 16 to 18 years old, disabled people of groups I and II, working with harmful conditions labor, etc.). The reduced working hours are always fixed (no more than 35.36 hours per week, etc.). The salary is paid in the same amount as employees working a standard 40 hours a week. In case of part-time work, the number of working hours is determined by agreement between the employer and the employee, and wages are paid in proportion to the time worked.

Who is eligible for part-time work?

Art. 93 Labor Code of the Russian Federation allows any employee, by agreement with the employer, to establish a part-time work schedule. At the same time, there is a circle of people whom the employing organization has no right to refuse: pregnant women; one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child - under the age of eighteen); persons caring for a sick family member; graduate students studying by correspondence (Article 19 of the Federal Law of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education”).

Women with children under the age of 14 years can contact their employer with a request to establish a part-time working day, referring to the Resolution of the USSR State Committee for Labor dated April 29, 1980 N 111-8/51 “On approval of the Regulations on the procedure and conditions for the employment of women with children and part-time workers" (applied to the extent that does not contradict the provisions of the Labor Code of the Russian Federation). According to this Regulation part-time work can be established by agreement between management and an employee who has a child under the age of 14, for any period convenient for the employee or for an unlimited time. Based on clause 8 of the Regulations, when establishing a part-time work schedule, the length of the working day should not be less than 4 hours a day and 20 hours a week (with a 5-day working week). Depending on specific production conditions, other working hours may be established.

An employer may hire on a part-time basis the following employees:

seasonal workers;

cleaners and au pairs to prepare lunches for employees;

lawyers and consultants in the field of law, taxes, etc.;

specialists in the field of information technology.

Situations are very common when qualified employees are hired part-time to complete short-term assignments (projects): designers, layout designers, application developers, copywriters, accountants.

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Part-time employees enjoy the same rights to annual basic paid leave, sick leave, calculation length of service etc. , as employees who work full time.

Important. The probationary period for persons entering part-time work is not reduced and ranges from one to three months. This follows from the article 70 Labor Code of the Russian Federation, which establishes a closed list of categories of employees who are exempt from probation. Among them there are no employees hired with a reduced number of hours.

How is work and rest paid for part-time work?

An employee who is assigned a part-time work schedule is paid in proportion to the time worked or the amount of work completed ( Art. 93 Labor Code of the Russian Federation).

Example

Manager Sidorova was hired with a salary of 30,000 rubles. with a standard 40-hour work week. From October 1, 2016, the employee, at her request, was transferred to part-time work - 6 hours a day. Remuneration is made in proportion to the time worked. For fully worked (part-time) hours, the employee must receive a salary of 22,500 rubles. (RUB 30,000 / 40 hours x 30 hours). There are 21 working days in October. Sidorova took 1 day at her own expense. Worked for 20 working days. Thus, Sidorova’s salary will be 21,428 rubles. (RUB 22,500/21 days X 20 days).

When a part-time working day is established, the amount of wages is reduced regardless of the remuneration system (official salary, tariff rate, etc.). This was stated in the letter of Rostrud dated June 8, 2007 No. 1619-6. Thus, there is no need to change the salary system and make changes to the organization’s staffing table.

The average daily earnings when paying for vacations, sick leave and travel allowances for part-time workers are calculated in the standard manner. It does not matter if during the billing period the employee decided to change the working hours to part-time.

Important. Involving an employee in performing labor responsibilities beyond the number of working hours that are established for him during a part-time day, qualifies as overtime work and is paid according to the rules established for the payment of overtime ( Art. 99 Labor Code of the Russian Federation).

How to apply for part-time work

An employee who needs to switch to part-time work writes an application addressed to the head of the organization, indicating the reason, date of transition and the period of time for which he asks to reduce his daily number of hours of work. The application is registered by the HR department and sent to the manager for approval.

If an employee belongs to categories that cannot be denied part-time work, he must attach to the application a document confirming the basis for establishing such a work schedule: a certificate from antenatal clinic about pregnancy, about the presence of dependents, a child’s birth certificate, a certificate from authorities local government, housing department about the composition of the family, a certificate of incapacity for caring for a sick family member, a certificate confirming the fact that the child is disabled, a document confirming the appointment of a guardian, etc.

Changes are made to the employment contract with the employee, which are formalized by an additional agreement. It indicates the new working hours and the date from which the changes come into force. The agreement is drawn up in two copies and signed by the employee and the employer. Then one copy is given to the employee, about which a mark is placed on the employer’s copy, certified by the employee’s signature ( Art. 72 Labor Code of the Russian Federation).

If part-time work is established upon hiring, the condition on the length of work time is immediately written down in employment contract (Art. 57 Labor Code of the Russian Federation). At the same time, in the employment order for unified form No. T-1 (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1), the corresponding entry is made. It is advisable to do this in the line “Conditions of employment, nature of work.”

If part-time work is introduced in the process labor activity, an order is issued indicating the date of establishment, the length of the employee’s working day, the period for which it is introduced (if such a schedule is temporary). The organization draws up the order form independently. The employee must be familiar with the order against signature.

Important. Information about the establishment of a part-time working day is not entered into the employee’s work book and personal card.

How to draw up an employment contract for part-time work

Just as in ordinary employment contracts, an employment contract concluded on a part-time basis indicates the full name of the organization, the surname, first name, patronymic of the employee, as well as the following sections:

general provisions, subject of the agreement;
employee rights and responsibilities;
rights and obligations of the employer;
payment procedure and terms;
start date of work, duration of the employment contract;
liability of the parties;
grounds for termination of the employment contract;
date and place of signing, details of the parties.

The duration of the established part-time working day is considered the standard working time. The employee retains the right to a shortened working day preceding a holiday.

Question from practice

How to set part-time working hours?

The answer was prepared jointly with the editors

Nina Kovyazina answers,
Deputy Director of the Department of Medical Education and personnel policy in healthcare of the Russian Ministry of Health

If an organization wants to introduce a part-time working regime, then notify all employees of this, signed by them, at least two months in advance. Those who refuse to work under the new conditions will be fired due to staff reduction. If a specific employee wants to switch to a part-time or part-time week, then enter into a written agreement with him.

The employer has the right to transfer an employee to part-time work based on his application. But in some cases it is impossible to refuse an employee ( ). The organization is obliged to establish a partial schedule upon request:

pregnant woman;

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

Ask your question to the experts

Do I need to notify the employment service?

By general rule, established by paragraph 2, paragraph 2, article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation", organizations must notify the employment service about the establishment of part-time working hours. This rule was established to control reductions in working hours throughout the organization (or in a large division). However, if part-time work is established for a specific employee on his initiative in connection with family circumstances or other personal reasons, notification is not required. This position is set out in the letter of Rostrud dated May 17, 2011 No. 1329-6-1. In these cases, the six-month limitation does not apply.

Part-time work as a necessary measure

An enterprise may, on its own initiative, introduce part-time work, but for a period of no more than six months ( Part 5 Art. 74 Labor Code of the Russian Federation). To do this, three conditions must be met:

changes in organizational or technological working conditions (changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production);

the possible occurrence as a result of changes carried out by the employer of such consequences as mass layoffs of workers.

The establishment of part-time work is aimed at preserving jobs.

If changes in organizational or technological working conditions have not occurred, but only the volume of production has decreased, and in connection with this the employing organization is unable to ensure full employment of employees, it is necessary to announce downtime and provide employees with associated guarantees ( Art. 722, 157 Labor Code of the Russian Federation).

Before introducing part-time work, the organization must notify the trade union body (if there is one) and the employment service.

Then an order is drawn up, which should contain: justification for the need to reduce daily work hours; names structural divisions, for which changes are expected to be introduced; period of validity of the introduced mode; delimitation of powers of officials (for example, the HR department - to familiarize employees with the upcoming changes, the accounting department - to make payments in accordance with the reduction in working hours).

Based on the order, employees are notified in writing against receipt of upcoming changes to the terms of the employment contract, as well as the reasons that led to the need for such changes. This must be done no later than two months before the changes are introduced ( Part 2 of Article 74 of the Labor Code of the Russian Federation). If you refuse to sign, a corresponding act is drawn up.

If employees agree to continue working part-time, an additional agreement to the employment contract is concluded with them. If there is disagreement, an order for dismissal is issued. clause 2, part 1, article 81 of the Labor Code of the Russian Federation- in connection with a reduction in the number or staff of employees with the payment of all compensation provided for on this basis.

Practical situation

Part-time work: when the employee does not have the right to dictate his terms

The answer was prepared jointly with the editors of the magazine " »

Yulia DEVIATKOVA answers,
lawyer, leading expert of the magazine "Personnel Business"

A woman wants to take maternity leave and work part-time. Asks to shorten the day by 20 minutes. Do we have the right to establish such a regime? Will there be any problems with the FSS?

Anna Mironova, HR inspector (Pskov)

Shortening your workday by 20 minutes is risky. In this case, the Social Insurance Fund will not reimburse the costs of paying benefits. The employee retains the right to a monthly allowance for child care up to one and a half years old only if she has enough time for such care.

Important. The law does not limit the number of cases of introducing part-time work, but in each of them the employing organization must document the reasons for establishing such a regime, since if a dispute arises, the need for its introduction will have to be proven (clause 21 of the Plenum Resolution Supreme Court RF dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

The minimum period of time after which it is permissible to reintroduce part-time work (if there are grounds provided for Art. 74 Labor Code of the Russian Federation), not established by labor legislation. Therefore, it can be installed either immediately after the end of the previous period, or after a certain period of time. At the same time, it is necessary to observe a two-month warning period for employees about the new introduction of part-time work.

Reasons reintroduction Not full day must be different from the reasons for which it was introduced last time. Otherwise, there is a risk that the employer’s actions may be regarded by the labor inspectorate or the court as an extension of the period for introducing part-time work, which is a violation of labor legislation. In this case, the organization may be held administratively liable for Art. 5.27 of the Code of Administrative Offenses.

Under this article, a fine of 1 thousand to 5 thousand rubles is imposed on officials, and if the person was previously subject to administrative punishment for a similar administrative offense - a fine of 10 thousand to 20 thousand rubles. or disqualification for a period of 1 to 3 years. Employer organization as legal entity may be fined from 30 thousand to 50 thousand rubles, and in case of repeated violation, the fine amount will be from 50 thousand to 70 thousand rubles.

Accounting for working time when introducing part-time work

In the working time sheet, the total duration of work under part-time work, introduced at the initiative of the enterprise in situations provided for by labor legislation, is noted digital code“25” or the letter “NS”.

Accounting for part-time employees

In the list of employees of the organization, part-time workers are included as whole units for each calendar day of the month, including those days when they do not work according to the terms of the employment contract, and weekends. At the same time, in average number employees hired on a part-time basis are counted in proportion to the time worked.

Employees transferred to part-time work on the initiative of the administration are counted as whole units.

Test yourself

1. After what period of time after the expiration of the period for introducing a part-time working day can it be established again if there are sufficient grounds:

a. in six months;
b. the deadline is not established by law, but it is necessary to notify employees of upcoming changes two months in advance;
c. in two months.

2. What are the consequences of reintroducing the working day without changing the reasons for such changes:

a. such actions are legal, the employer is not threatened negative consequences;
b. such actions may be regarded as an extension of the period for introducing part-time work, and the employer may be held liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation;
c. no negative consequences are envisaged, however, the employer must additionally justify his actions with the relevant act.

3. Which category of employees does the employer have the right to refuse to establish a part-time work schedule:

a. undergraduates and graduate students studying full-time;
b. graduate students studying part-time;
c. pregnant women.

4. What happens to the probationary period of an employee hired on a part-time basis:

a. decreases to two weeks;
b. the employee is released from the probationary period;
c. probation remains the same, as a general rule - from 1 to 3 months.

5. How to apply for hiring an employee on a part-time basis:

a. indicate this condition in the employment contract and employment order;
b. specify this condition in the annex to the employment contract;
c. indicate this condition in the employment contract, employment order and work book.

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

Switching to part-time work

Each employee has the right to contact the employer with a request to switch to work on a shortened schedule. Mandatory approval is possible if the employee belongs to a preferential category of persons. The employer has the right to prohibit everyone else from working on a short-time schedule if it is not profitable for him.

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

expectant mothers;
parent, guardian, trustee 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 whose illness is confirmed by a medical certificate.

The beneficiary can work on a shortened schedule for as long as necessary due to the circumstances that arise. The daily routine is adjusted taking into account the needs of the employee and production characteristics.

The earnings of those transferred to part-time work will be less. Accrual is carried out taking into account the time worked (produced per product change).

A shortened schedule can be set either for an unlimited time or for a strictly defined period. The conditions are reflected in the employment contract.

Those working on a shortened schedule are granted annual leave of at least 28 days. Work experience is not sequestered. The procedure for establishing part-time working time is regulated by Article 93 of the Labor Code of the Russian Federation “Part-time working time”.

What can a part-time job look like?

Additional information

Part-time work is a form of employment in which the employee’s working hours are less than those determined by law. By agreement between the applicant and the employer, upon hiring, and also subsequently, a shortened day can be fixed (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not define the concept of “part-time working”. And here is the Convention international organization on labor (06/24/1994) No. 175 designates this term as working time, the duration of which is less than the normal working day. It is important to know that this document has not been ratified by Russia. But commitments were made to review its provisions for approval by Russian trade unions and employers' associations.

An employee must apply for a job or switch to a part-time job. In this case, he has the right to choose any suitable option:

part-time: 4, 5 or 6 hours, not 8.
part-time work, for example, working eight hours a day, but three days a week instead of five;
shortened day and week: working 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 have the right in accordance with the Labor Code of the Russian Federation to work part-time, those on parental leave and graduate students studying part-time can work for part of the salary.

For persons who do not belong to any of the preferential categories, a shortened work schedule is also allowed.

How does part-time work affect wages and vacations?

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

For the number of days annual leave Partial work schedules are not affected. Vacation pay is calculated according to the general rule based on average daily earnings.

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

When working a shortened working day, an employee enjoys the same labor rights as other workers. 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 benefits), calculated based on average daily earnings, will be less.

Does an employer have the right to force people to work part-time?

The usual standard of working time, fixed by labor legislation, is 40 hours a week when working 8 hours with two days off. Working time is the time allotted to an employee to fulfill a work norm, plan, task. When normal working hours decrease, earnings decrease.

Curious facts

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

This schedule does not raise any objections in cases of voluntary transition. Problems may 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, an 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 labor regulations(in this case, he loses his pay), the employee is dismissed under Part 2 of Art. 81 Labor Code of the Russian Federation. In this case, the dismissed person is paid compensation.

How to get a part-time job

Before registering an employee for part-time work, if such an application is received, the employer must determine whether the applicant belongs to the preferential category of employees or not.

If the employee does not belong to a preferential category, he should:

Determine the available workload, anticipated production tasks, and other factors to determine whether the applicant's request can be accommodated. If the nature of the work allows it, the employer has the right to give permission.
If an employee is just getting a job, the employment contract indicates under what regime he will work (at 1/2 rate, 3/4 rate, etc.) and what amount of remuneration he will be paid for this.
If an already working employee requests a change in work mode, information about the transition to a new work mode is entered in a separate document, an agreement of the parties. The full salary for this position and the amount of payment when working part-time, quarter-time, etc. must be indicated. If necessary, the period for which an additional part-time agreement 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, wages, taxes, and disability benefits will be calculated 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 manager is obliged to provide required schedule labor unconditionally.

Further registration for work occurs as usual.

We must remember that part-time workers are subject to all labor rights and guarantees, provided for by law: sick pay, next vacation etc.

Quite often, the initiator of changes to the work schedule is the employee himself. But sometimes it happens that for a number of reasons the previous clauses of the employment contract cannot be preserved. Then it is possible to change them by decision 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 employees that they will be transferred to part-time work (Labor Code of the Russian Federation, Article 74) no later than two months in advance.

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

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

illegal dismissal, suspension from work, transfer to another place;
failure to comply with court decisions or labor inspection, which restored the violated rights of the employee;
failure to issue a work report 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 the earnings he did not receive.

Part-time work is discussed in the video

First pension for part of the month

How is the first pension for less than a month calculated if it is assigned, for example, from the 10th. The pension amount is calculated using the formula:

A = B x (N - 10): N, where

A - pension amount for less than a month
B - the required pension amount
N is the number of days of the month, 30 or 31.

In such cases, employees of the territorial Pension Fund determine the payment in proportion to the days of accrual. Consequently, only part of the pension is due for less than a full month.

To get a lawyer's comment, ask questions below

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring 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, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulations legal acts Russian Federation.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and others. labor rights.

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

1. The term “part-time work” covers both part-time work and part-time work. In case of part-time work, remuneration is made in proportion to the time worked, in case of piecework payment - depending on output.

Part-time workers enjoy the same labor rights as workers with fixed working hours normal duration.

The commented article does not limit the circle of persons for whom the introduction of part-time work is allowed.

ILO Recommendation No. 182 “On part-time work” (1994) contains guidelines for employers. According to the Recommendation, “part-time worker” means an employee whose normal working hours are less than those of full-time workers in a comparable situation.

2. The duration of working hours for a specific employee may be determined by an individual employment contract. IN similar situations it is not allowed to increase working hours in comparison with those established by law limit standards, but it is possible to reduce it by mutual agreement of the subjects (parties) of the employment contract. The law does not prohibit the parties to an employment contract from agreeing to work on a part-time basis, both at the conclusion of the employment contract and subsequently (i.e. during the period of its validity). Part-time work with proportional pay may provide, by mutual agreement of the parties, a reduction in working time by any number of hours or working days.

Part-time working time is established for part-time work, as well as in cases where the organization provides staffing table incomplete wage rate.

3. Part-time working hours can not only be established, but also canceled by agreement of the parties to the employment contract. The initiative to introduce part-time work comes primarily from the employee, and the employer can satisfy his request if this does not disrupt the production process.

In cases where changes occur in the organization of production or technological process, the initiative to transfer to part-time work may come from the employer, about which he is obliged to notify the employee 2 months in advance, since this means a change in significant working conditions.

4. The legislation provides that in certain cases, if there is an expression of the employee’s will, the employer is obliged to establish a part-time working day for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under 14 years of age (a disabled child is under 18 years of age), or a person caring for a sick family member, applies for part-time work in accordance with with a medical certificate. Disabled people also have the right to part-time work. Medical recommendations on the establishment of part-time work for disabled people are mandatory for the employer (Articles 11 and 23 of the Law "On social protection disabled people in the Russian Federation").

5. Part-time workers are entitled to full annual leave, as well as study leave. The time worked is counted towards their seniority as full working time. They have the right to receive a bonus for work performed, which is calculated on a general basis. They are given days off and holidays in accordance with the Labor Code and shift schedule. IN work books employees are not recorded to indicate that they performed part-time or part-time work.

6. When establishing part-time work, remuneration is made in proportion to the time worked without additional payment. The employee does not have the right to demand payment in an amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have completed full working standard. This differs from part-time working time to reduced working time. Part-time work is used in various ways.

When applying for a job, an employment contract is drawn up between the parties: the employer and the employee. Thanks to the document, at the initiative of the manager or employee, it is possible to legally establish a certain labor regime. If for some reason an employee needs part-time work, the employer does not have the right to refuse him. To the question: how to correctly change the work schedule and what is the difference between short-time and part-time work, you can get the answer in the material.

Part-time working hours - Article 93 of the Labor Code of the Russian Federation

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

Draw up an agreement for reduction working days possible categories of people:

Pregnant woman;
A citizen who cares for a child under 14 years of age and up to 18, if the younger family member is disabled;
An employee who, according to indications medical specialist contraindicated difficult conditions work.

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

Who can work part-time?

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

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

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

Before notifying wards about a change in working hours, there must be compelling reasons for this and a corresponding changed schedule. wages.

Reasons that may influence the decision to change working conditions for employees from full-time to reduced-time include: mass layoffs. The boss is cheating labor process for a reduced number of days only on the basis of good cause.

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

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

The process of changing the operating time mode includes:

Drawing up an order as a result of mass layoffs. According to the provisions, the employer sets a reduced day if employees want to quit en masse due to poor production and technological working conditions;
The manager can draw up an order only taking into account the opinion of the trade union organization that operates within the company;
If the boss and the trade union body have come to the conclusion that a schedule with a reduction in working hours is the only solution to eliminate the mass departure from positions, the management must notify employees of the changed conditions in advance;
If agreed, an agreement is drawn up and those chapters that include information about the production schedule of the wards are edited.

If the worker does not agree with the reduced work schedule that the manager wants to establish, a break occurs labor relations, based on paragraph 2 of part 1 . Even if the employee did not like the employer’s initiative to change working conditions, all payments - wages, compensation, benefits and additional bonuses must be realized on the last day of departure.

Changing the working mode at the initiative of the employee

Part-time working hours at the initiative of the employee are the same legal procedure as changing working conditions at the request of management.

In order to apply for a shortened day, an employee:

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

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

How to draw up an order establishing part-time work - sample

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

Its design includes:

Information about the compiler;
Full name of the organization;
Reason for changing the schedule;
Total number of days of work;
Duration and form of the regime;
Number of hours for rest;
Method and amount of payments;
Date of compilation and signature of the manager.

You can see below how to fill out the order correctly. Order in mandatory submitted to the employee for review. If this rule is violated, the order to change the schedule will not be considered valid.

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

At the legal level, there is a difference between short-time and part-time work. Reduced workdays valid for certain categories of people - disabled people, minors, based on the provisions .

Partial day can be installed according to labor agreement, which is drawn up by the employee and management upon hiring and subsequently, in accordance with . For shortened schedules, payment is made in full. With a reduced time schedule, the monthly capital depends on the number of hours worked.

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

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

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

1. Part-time work is the implementation of work under conditions of working hours less than those established by law and regulatory documents.

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

An employee can perform his or her job duties part-time in two cases:
- if there is an agreement between the employee and the employer;
- mandatory due to legal requirements.

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

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

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

In cases where a part-time working schedule is established for an employee directly upon hiring (for example, part-time work), this is specified in the employment contract concluded by the parties, and no additional agreement is required.

2. In addition, the legislator has established cases when the employer is obliged to establish part-time work for an employee:
- regarding pregnant women. For this category of workers, the employer is obliged to establish a part-time working week or part-time working day in accordance with the employee’s request. In this case, the number of working hours is determined by the woman based on her well-being. Note that labor legislation does not establish in this case a 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 workers themselves, and the employer can only satisfy such a request. It is obligatory for the pregnant woman to express such a request in writing. It seems that when submitting an application to establish a part-time working regime, a pregnant woman must submit relevant documents confirming the state of pregnancy, although this is not directly stated by the legislator. The employer will pay such an employee in proportion to the time worked during the month, which does not constitute any restriction or discrimination. In addition, in this case, the calculation of maternity benefits, as a general rule, is calculated in the amount of 100% of her average earnings (Article 11 of the Federal Law "On Mandatory social insurance from accidents at work and occupational diseases"). Thus, the fewer the number of working hours, the less benefit the pregnant woman can receive in the future;
- in relation to parents, guardians or trustees who have a child under the age of fourteen years (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 Federal law dated April 24, 2008 N 48-FZ “On guardianship and trusteeship”. Disabled children are persons with disabilities under the age of eighteen (see the Federal Law "On Social Protection of Disabled Persons in the Russian Federation").

The application of these employees for the opportunity to perform their duties on a part-time basis is accompanied by: a child’s birth certificate; document confirming relationship (for parents) (for example, 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 also paid to employees in proportion to the time worked by the employee;
- in relation to employees who, due to existing family and life circumstances, are caring for a sick family member. In this case, the specified category of employees must attach to the written application and submit to the employer documents confirming that their family member needs constant care in accordance with the medical report. The procedure for issuing the corresponding medical report 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 medical organizations certificates and medical reports."

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

An important circumstance for performing work part-time, 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 annual paid leave to employees. The legislator prohibits restrictions on annual basic leave.

In addition, it is prohibited to limit the length of service, as well as any other labor rights for workers exercising their job responsibilities in part-time mode.

Another comment to Art. 93 Labor Code of the Russian Federation

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

2. Part-time work can act as a part-time working week or as a part-time working day (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 or part-time work can be established both upon hiring 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 a disabled person for part-time work if the individual program of the disabled person recommends a working time shorter than that established by law (Article 224 of the Labor Code).

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

4. The initiator of establishing part-time work is the employee. In cases established by law, part-time work may be introduced at the initiative of the employer. For the procedure for introducing part-time work at the initiative of the employer, see Art. 74 TC and commentary to it.

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