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Part-time work is available to whom. Part-time work as a necessary measure. Too little part-time work: consequences

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

It's established employment contract working time of hired personnel performing their duties.

A sample employment contract for part-time work should be in the HR department of the enterprise. The reduced-time work schedule has several types:

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

The 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 the new shortened one is introduced are also established. The validity period of such a schedule may be indefinite.

You should know that these life circumstances do not in any way affect the employee’s other rights.

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

The use of a shortened working day can be introduced in two cases: at the initiative of employees or employers.

At the initiative of the employee. Man exercising labor activity at the enterprise, can ask, and the manager must give this opportunity to the following categories of citizens:

one of the guardians or a parent whose child has not reached the age of 14;
for caring for a person under 18 years of age and with a disability;
a person who is looking after a sick relative, if this is confirmed by relevant documents;
employee statement (according to at 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 schedule. This occurs when technological conditions in the workplace may lead to mass layoffs of employees.

This can happen when there is a change and technological processes in production, in cases where the organization is undergoing reorganization. If during these processes changes occur in the employment contract, then the introduction of such a regime is carried out at the initiative of the company’s managers.

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

Features of concluding an employment contract

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

Attention! Providing work with shortened hours 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 evidentiary basis for the reason for the transition to work with such a schedule. An application for a desire to switch to a shortened work schedule is submitted after a completed shift.

Subsequently, the personnel department is obliged to indicate according to which the worker will carry out his activities further. If this is not done or the worker does not submit an application on time, this could 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 indicating that the hired employee carried out his activities on a short-time schedule.

If an order is adopted 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: “incomplete work time" If the need arises, the conditions for performing such work should be additionally specified.

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

The transition to part-time work usually does not entail any infringement of the employee’s rights. Employees under this type of contract have the same vacation opportunity as those who work at a standard rate. They have the full right to holidays and weekends (as well as to a reduction in the number of working hours established by law for a number of persons).

Employers are allowed to establish a part-time schedule either from the very beginning, or announce this later (when concluding a part-time employment contract, a sample can be asked from the HR department).

How is part-time work paid?

Payment is calculated either according to the time that the employee spent performing his activities at the workplace, or according to the volume of work performed.

So that the person hired or the one who switches to the job 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 a full rate is prescribed, then the procedure for remuneration for a worker 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 perform work on full shifts.

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

Leave for part-time work

Part-time workers, along with others, also have the right to full annual paid leave, because the time they worked is included in the length of service as fully worked time (Article 93 of the Labor Code of the Russian Federation).

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

Billing year (calculation period) - 12 months. before the vacation (for example: the start of the vacation is 01/09/2018, the calculated period will be from 01/09/2017 to 01/08/2018.
The number of days of each month. If spent full month, then this is 29.3 = ((365 – 14) / 12), where 365 is the total days in the year, 14 is the number of holidays, 12 is the number of months in the year. If the employee did not work the entire month, then [number of work shifts] = [number of working days] / [ calendar days] * 29.3 (the number of work shifts does not include days of any vacations, business trips, sick leave, as well as when released from work, but with the same pay).
The number of days in a 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 = [amount 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 to part time without reservations.

Employers may also provide options for determining average earnings that differ from those proposed in Art. 139 of the Labor Code of the Russian Federation, but they are prohibited from changing them in a direction that worsens the position of employees in comparison with the law.

Experience for workers less than a week or the day is calculated in the same way as for those who work full shifts. According to Art. 93 Labor Code Russian Federation it includes the same periods as for the others.

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

Transition to a new regime on the initiative of workers

An employee has the right to ask the employer to reduce the working hours. To do this, you need to send a corresponding application to the director. The transition to a part-time week can be done in three ways:

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

In the application, the employee must indicate which particular scheme for reducing the regime is preferable for him. You also need to provide the following information:

Preferred shift duration.
Duration of the new regime.
Date of introduction of the schedule.

Article 93 of the Labor Code of the Russian Federation provides a list of employees whom the employer cannot refuse to transfer to a part-time week:

Pregnant women.
Parents of a child under 14 years of age or under 18 years of age if he has a disability.
A person who is caring for a relative with a serious illness.
Parents of a child under 1.5 years old.

If the employer refuses to reduce work for these categories of employees, they can challenge this decision in a judicial body. After the manager has received the application, he should discuss the future work schedule with the employee. Based on the results of the agreement, an agreement is drawn up and attached to the employment contract. The agreement must be executed in two copies. Each of them is signed by the employee and the employer.

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

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

A partial week can be introduced either when an employee is hired, or if there is already a specialist on staff. The introduction of the schedule in question is quite convenient for the employer. This is a more preferable option regarding staff reduction. When carrying out the procedure, it is required to be based on current regulations.

It makes sense to introduce a part-time working week in the following cases:

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

IMPORTANT! Do not confuse the concepts of “shortened” and “partial” weeks. Reduced working hours - 36 hours per week instead of 40 (24 for minor employees) - are provided for special working conditions or special categories of workers. And incomplete work can be arbitrary and is established by agreement, both during employment and later.

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

Deadline for introducing the new schedule.
Form of regime (reduction of hours or days).
Employees for whom the schedule is being introduced.
Reasons for innovation.

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

IMPORTANT! A part-time working week is introduced for a limited period. The maximum period is six months, as established by Part 5 of Article 74 of the Labor Code of the Russian Federation.

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

Employees must receive appropriate notifications 2 months before the introduction of the new schedule.
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 or the provision of other guarantees.

Switching to a part-time week usually means another day off. These days will not be paid.

The reduced working hours schedule is not reflected in the work book.
Such employees receive sick leave, maternity leave, vacation pay and other payments in full, without reductions.
Change Order staffing table it is not necessary to publish.
It is possible to hire another part-time employee with the same part-time work schedule, or you can arrange 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 day off.

What if the employees don’t want to?

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

Leave work at your own request or by agreement of the parties.
Be fired due to a reduction in headcount or staff (at the initiative of the employer).

The procedure for transferring to an incomplete week

Let's consider the procedure for establishing innovations at the initiative of an employee:

Receiving a statement from an employee.
Drawing up an order for an incomplete schedule.
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:

Drawing up a draft order.
Submitting the project to the trade union.
Employees are notified of schedule changes.
Issuance of the corresponding order.
Sending a notification of a change in schedule 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 fails to do this, he is subject to liability 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 agency by the 8th day of the month following the reporting quarter.

Features of drawing up an order to approve an incomplete week

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

Reasons for innovation.
Shape of the schedule.
Length of the working day.
Length of lunch break.
Schedule validity period.
Composition of employees or departments for which a partial week is introduced.
Features of calculating earnings.
Forms of payment of funds.

The order must be signed by all key persons of the company: the manager, the chief accountant, the HR manager, the employee for 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 the employee.

What should not be done when introducing a part-time working week?

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

Introduction of an incomplete week for a period exceeding 6 months.
Application of the schedule: rest for a week, work for a week.
Introduction of a “floating” schedule. 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 court or external scrutiny labor inspection. 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 work.

From June 26, 2017, it is possible to establish not only a part-time 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).
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).

Part-time work is a type of working time. There is no specific definition of this concept in the Labor Code of the Russian Federation, but in Part 1 of Art. 93 states that by agreement between the worker and the employer, both upon hiring and in the future, a part-time working day, that is, a smaller number of working hours, can be established.

What it is

The Labor Code of the Russian Federation tells us that there are several options for organizing work in this mode, namely, the employer can:

reduce shift duration - on all working days of the week;
reduce the number of days while maintaining the standard length of a working day or shift;
reduce both the number of hours and the number working days in a week.

The decision to shorten the day can be made by the management of the enterprise (if there is a threat of mass layoffs, for example); the employee himself can also ask for this.

One of the options for shortened working hours is the so-called part-time work - we wrote about how to draw up a contract in this case in a separate article (there is also a sample contract there).

Who to install

pregnant woman;
one of the parents or guardians, trustees who have a child under 14 years of age or a disabled child under 18 years of age;
caring for a sick family member (a medical certificate of the established form is required).

A woman, being on maternity leave, due to Art. 256 Labor Code of the Russian Federation has the right to work, but not all day: this will allow her to retain the right to insurance benefits. But there are times when a mother is forced or prefers to go to work, and the responsibility of caring for the child is transferred to other family members: the father or even grandparents. In this case, they can also receive benefits and work part-time.

The procedure depends on who is the initiator

A part-time work week at the initiative of the employee or part-time work at the initiative of the employee is introduced on the basis of his application. If, before submitting the application, the employee did not provide the employer with documents about pregnancy or the presence of a child under 14 years of age (disabled child under 18 years of age), they will have to be provided along with the application.

A more difficult case for a personnel officer is the situation when a part-time work week is introduced at the initiative of the employer or part-time work at the initiative of the employer. There are cases when, for reasons related to changes in organizational or technological working conditions, the terms of the employment contract cannot be maintained. Then it is permissible to change them, with the exception of changes in the employee’s labor functions. If conditions have changed so much that the company is faced with a choice: either fire more than 50 people in a month (read more about the criteria for mass layoffs in the article), or still try to save jobs - the employer has the right to introduce a shortened day, shift or half-week regime for a period up to 6 months. It is important to fulfill two main conditions:

There have been changes in organizational or technological working conditions. According to paragraph 21 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, the employer is obliged to provide evidence that the change in working conditions is caused precisely by the restructuring of technologies or the organizational structure of production. Otherwise, transfer to a different work schedule is illegal. And such a reason as heavy financial position enterprise, disrespectful and not a basis.
There is a threat of mass layoffs.

IN Art. 82 Labor Code of the Russian Federation criteria for mass layoffs are determined in industry and/or territorial agreements. If there are no such industry agreements for organizing such industry agreements, look at the Decree of the Government of the Russian Federation of 02/05/1993 No. 99 “On the organization of work to promote employment in conditions of mass layoffs.”

Only if one of these two conditions is met, the employer can make changes to the working hours of its employees.

How is it paid?

According to Art. 93 Labor Code of the Russian Federation, when working on a reduced-time basis, payment is made in proportion to the hours worked or depending on the volume completed. It is necessary to take into account the procedure for calculating the norm of hours worked for certain calendar periods, depending on the established duration of working hours per week. At the same time, according to Letter of Rostrud dated 06/08/2007 No. 16196, the amount of wages when establishing a shortened regime should decrease regardless of the remuneration system, be it the official salary or the tariff rate.

How to write it in an employment contract

The procedure for concluding an agreement, as well as its form, is the same for both full day, and incomplete, is compiled in any form. At the beginning of the document, the parties who enter into an agreement are indicated. Next, the subject of the transaction is stated, subsequent paragraphs should contain the obligations and rights of the parties. It is also necessary to indicate the period of work, i.e. specifically the number of hours.

Next, the conditions for payment of wages and forms of liability for violation of this agreement are determined. And at the end it is indicated in what cases and how amendments can be made and how its termination will occur. At the very end, details and signatures of the parties are drawn up. Depending on the specifics of the activity, additional items may be added.

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 the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established federal laws and other regulatory legal acts of the 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 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. It is customary to distinguish between two types of part-time work - part-time or shift (when the duration of daily work per day or per work shift is reduced) and part-time work (when the number of working days in a week is reduced, but the length of the working day remains normal). A combination of part-time work week and part-time work is allowed.

§ 2. The employee has the right to demand, and the employer is obliged to establish a part-time working day (shift) or a part-time working week for pregnant women, one of the parents (guardian, trustee) with a child under the age of 14 years (a disabled child under 18 years old), and also to a person caring for a sick family member in accordance with a medical certificate (if it is issued in accordance with the procedure established by law). Part-time working hours are usually established at the request of the employee. However, if the initiative to establish part-time work comes from the administration, then it must notify the employee about this no later than two months in advance (see Article 73 of the Labor Code of the Russian Federation).

§ 3. In accordance with Art. 93 of the Labor Code, part-time work does not entail any duration restrictions for workers annual leave, calculation of length of service and other labor rights. However, an employee working under irregular working hours (or a combination thereof with a part-time working week) is deprived of the right to additional leave provided for in Art. 116 of the Labor Code of the Russian Federation, if he has a part-time working day. If the employee is assigned a part-time working week, then the right to the specified additional leave is not lost.

§ 4. In accordance with the Order Federal service Employment of the Russian Federation of May 26, 1993 “On the provision of compensation payments to employees of enterprises, institutions and organizations who are forced to work part-time or part-time” provides for the payment of compensation amounts for part-time work on a monthly basis in addition to wages in such a way that total amount payments (including wages) did not exceed those established by law minimum size wages.

Payments are made starting from the 2nd month from the date of establishment of part-time work and should not exceed 6 months.

§ 5. When establishing part-time work, remuneration is made in proportion to the time worked. The employee does not have the right to demand wages in an amount not lower than the minimum wage established by the state (Article 133 of the Labor Code of the Russian Federation), since this guarantee applies only to workers who have performed the full amount of work.

Another comment on Article 93 of the 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 that established by of this employer normal or reduced working hours.

2. Part-time working time 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. Partial working week is a reduction in the number of working days while maintaining the established duration work shift. It is possible to simultaneously reduce the working day (shift) and the working week. Moreover, working hours can be reduced by any number of hours or working days without restrictions. Part-time 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 disabled person’s request for part-time work if the disabled person’s individual program recommends a shorter working time than 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.

Article 93. Part-time work

Commentary on Article 93

1. The term “part-time work” covers both part-time work and part-time work.
With a part-time working day, the number of hours of work per day is reduced in comparison with what is established in the organization by the routine or schedule for this category of workers (for example, instead of 8 hours - 4).
Part-time work means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish for an employee a part-time working week with part-time work (for example, 3 working days a week, 4 hours each).
Unlike reduced working time, which is a complete measure of labor duration, established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time work is only part of this measure. Therefore, in case of part-time work, payment is made in proportion to the time worked, and in case of piecework payment - depending on output.
Part-time working hours are usually established by agreement of the parties to the employment contract. Such an agreement can be reached both upon entry to work and during the work period. The provision for part-time work must be reflected in the employment contract or drawn up as an addition to it.
2. The law does not limit the circle of persons for whom part-time work is allowed. It can be installed for any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish a part-time or part-time work week for the employee at his request. So, part-time work in mandatory installed at the request of: a pregnant woman; one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical report issued in the manner established by federal and other regulations legal acts of the Russian Federation.
Securing the right to mandatory establishment of a part-time working regime for only one of the parents who has a child under the age of 14 (a disabled child under 18 years old) means that if the need for such a regime arises for the second parent, he must resolve this issue in in general order, i.e. by agreement with the employer.
In addition to the above categories of persons, the employer is obliged to establish part-time working hours at the request of a disabled person, if such a regime is necessary for him in accordance with an individual rehabilitation program, which is mandatory for implementation by organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Persons with Disabilities ).
The employer's refusal to satisfy such a request can be appealed to the labor dispute resolution authorities.
3. Part-time working time is established for a specific period or without specifying a period. In this case, work on a part-time or part-time work week is indicated in the content of the employment contract (see Article 57 and commentary thereto).
Part-time workers have the same labor rights same as persons who work full time. They are entitled to full annual and educational leave; work time is counted in the length of service as full working time; weekends and holidays are provided in accordance with labor legislation.
IN work books Part-time work is not noted.
On part-time work for women and other persons on parental leave to care for a child under 3 years of age, see Part 3 of Art. 256 and comment. To her.
Part-time working hours can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of the organization for a period of up to 6 months.
For the procedure for transferring to this mode, see the comment. to Art. 74.
Persons hired for part-time or part-time work, as well as those hired at half the rate (salary) in accordance with the employment contract, are included in the list of employees of the organization. In the payroll, these employees are counted for each calendar day as whole units, including non-working days of the week determined upon hiring.
Persons who worked part-time in accordance with an employment contract or were transferred with the written consent of the employee to part-time work, when determining average number employees are taken into account in proportion to the time worked (see Instructions for filling out the federal form statistical observation N 1-T “Information on the number and wages workers", approved. Resolution of Rosstat of October 13, 2008 N 258 // Questions of Statistics. 2009. N 1).

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