The employer must set part-time work for. Part-time for women on maternity leave. What it is
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 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, calculation of seniority and other labor rights.
Legal advice under Art. 93 of the Labor Code of the Russian Federation
Question answered by phone
Question answered by phone
Question answered by phone
It is necessary to draw up a separate agreement on the establishment of a working time regime with a part-time working week. In the agreement, indicate that the specified day will be provided according to the personal application of the employee.
- Lawyer's response:
- Lawyer's response:
Article 93. Part-time work
- Lawyer's response:
- Lawyer's response:
The law is the same for everyone, not only for female employees of the UIs. This is the Labor Code. Article 93. Part-time work: 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 part-time work (shift) or part-time work week at the request of a pregnant woman.. . 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.
Full leave, the same as full-time employees. (Article 93 of the Labor Code of the Russian Federation) In particular, this article states: Part-time work does not entail any restrictions for employees on the duration ...
- Lawyer's response:
Article 93. Part-time work [Labor Code of the Russian Federation] [Chapter 15] [Article 93] By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work 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.
- Lawyer's response:
It is not worth responding to the attacks of the employer. Do your job as conscientiously as you have done before. If there is nothing to dig into, any court will be on your side. And sometimes you also say to your boss: “They say, I’ll go, as soon as I declare to the Labor Inspectorate or I’ll set the prosecutors at all, they’ll torture me with checks, you’ll know from me.” Pull it yourself until the decree. And when you go on maternity leave, it will no longer matter. If the employer is very annoying, then in order to see his face less, use the right that is given to you in accordance with Article 93 of the Labor Code of the Russian Federation (although this will affect your wages), but on the other hand, nerves are more expensive ... Article 93. Part-time work By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work 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. (as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous edition) 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 he performed. 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. http://www.consultant.ru/popular/tkrf/14_20.html © ConsultantPlus, 1992-2012
Part-time employment is regulated by article 93 of the Labor Code of the Russian Federation. Part-time work can be established immediately upon employment, if the employer agrees to this, or during labor activity if an employee or employer...
- Lawyer's response:
Labor Code of the Russian Federation Chapter 15 Article 93 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 part-time work (shift) or part-time work 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 report 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.
- Lawyer's response:
You can. Article 93 of the Labor Code. You will only receive in proportion to the hours worked. As for saving good relations with superiors, here it will depend on the decency of your superiors. But first of all, take care of your health and the health of your unborn baby. While you take care of the baby, a lot of time will pass, and then it will be seen.
LABOR CODE OF THE RUSSIAN FEDERATION. Article 93. Part-time work By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. Employer...
- Lawyer's response:
Registered in the Ministry of Justice of the Russian Federation on May 29, 2000 N 2238 Ministry of Labor and Social Development of the Russian Federation N 26Postulation dated April 4, 2000 on approval of explanation "On the procedure for providing and paying an additional weekend per month to one of the working parents (guardian, trustee) for care FOR CHILDREN - DISABLED" 1. Four additional paid days off for caring for children - disabled and disabled from childhood until they reach the age of 18 are provided in a calendar month to one of the working parents (guardian, trustee) upon his application and are issued by order (instruction) administration of the organization on the basis of a certificate from the authorities social protection of the population about the disability of the child, indicating that the child is not kept in a specialized children's institution(belonging to any department) on full state support Labor Code Article 93. Part-time work 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 part-time work (shift) or part-time work 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 report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. (as amended by Federal Law No. 90-FZ of 30.06.2006) The following are not allowed to work at night: pregnant women; employees under the age of eighteen. Women with children under the age of three, disabled people, employees with disabled children Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen) , other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of this Code). An employee with two or more children under the age of fourteen, an employee with a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, by a collective agreement additional annual leave without pay can be established at a time convenient for them for up to 14 calendar days. The transfer of this leave to the next working year is not allowed. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
- Lawyer's response:
Let's just read the article of the Labor Code Article 93. Part-time work 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 part-time work (shift) or part-time work 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 report 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. CONCLUSION: Leave must be provided in full, at the set time, no full-time work is necessary, no applications for interrupting parental leave are required - all this does not comply with the law and some amazing antics of personnel officers. Because in your case, you are working part-time while still being entitled to Maternity Benefit, you are not currently on vacation. Good luck!
- Lawyer's response:
According to Article 93 of the Labor Code, the employer is obliged to establish a part-time (shift) or part-time work week at the request of a pregnant woman. When working on a part-time basis, the employee's remuneration is made in proportion to the time worked by him or depending on the amount of work performed by him. And according to Article 254 of the Labor Code - for pregnant women, in accordance with a medical report and at their request, the production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job. You have two options: 1) reduce working hours, but at the same time lose money; 2) switch to more light labor, saving average earnings.
- Lawyer's response:
Write an application for the transition to part-time work (4 hours a day) work week. The employer is obliged to establish part-time work (shift) or part-time work 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 report 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.
There has been no Labor Code since 2002, there is no such article either. The Labor Code has article 93 that a woman with children under 14 has the right to work part-time.
- Lawyer's response:
Clause 39 of the Regulations on the appointment and payment of state benefits to citizens with children, approved by Decree of the Government of the Russian Federation of December 30, 2006 865, provides for the preservation of the right of the insured person who actually cares for the child and is on parental leave to receive a monthly allowance in the event of going to work part-time or at home, as well as in the case of continuing education. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions on labor rights for employees. a person who has taken parental leave at the place of work and works part-time, is paid both a monthly childcare allowance and wages, on which a single social tax is charged in the prescribed manner, in part credited to the Social Insurance Fund of the Russian Federation Federation, then, accordingly, in the event of his illness, temporary disability benefits are paid in accordance with the general procedure established by the Federal Law of December 29, 2006 255-ФЗ “On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to mandatory social insurance
- Lawyer's response:
I need to take a child (5 years old), who is going on vacation with his grandmother, to the train. BUT ..... I need to take a child (5 years old), who is leaving on vacation with her grandmother, to the train. BUT the employer does not let me go, referring to the fact that there is no one to work (I work in a state institution). Is there any law according to which the authorities are obliged to let me go P.S. I am a single mother, and there is no one else to accompany the child. In the context of the current labor relations, the independent upbringing of the child, alas, is not a criterion that obliges the employer to provide leave without pay in accordance with the law. That is, it obliges the employer to provide such leave only if it is provided for by the collective agreement. But, in accordance with Article 93 of the Labor Code, the employer does not have the right to refuse to establish a part-time working week. Therefore, you can write a statement "on the establishment of a part-time working week in accordance with Article 93 of the Labor Code of the Russian Federation", in which you list the mode of operation according to your desire: that is, write all the days as you work, for example, and indicate the day of the week on which the train leaves weekend. After you send the child, come and write a "reverse" application for the establishment of the usual mode of (full) working time, or maybe you will like it anyway)) . Just keep in mind that 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 he performed. But I think that not paying for this additional day off, especially one, will not be of such significant importance, because the baby is more important now. At the same time, I think that the employer, having seen your application, will also not bother so much, as it seems to me easier to let the employee go for 1 day than to draw up so many pieces of paper back and forth due to an incomplete working week
- Lawyer's response:
Statement On the basis of part 1 of article 93 of the Labor Code of the Russian Federation I ask you: Set me from "____" _______2011 a part-time (four-hour) working day due to the need to care for a child with my work schedule from __ hour. ___min. until ___ hour. ____min. A copy of the child's birth certificate is attached to this application. Date, signature. I give a certificate: In accordance with Part 1 of Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, caregiver) with a child under the age of fourteen (a disabled child under the age of eighteen), and also a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
- Lawyer's response:
It is necessary to make additional agreements to employment contracts, here is a sample: SUPPLEMENTARY AGREEMENT No. 4-09 to the employment contract dated 09/01/08 No. 75 Moscow 02/10/09 Limited Liability Company "Polyot", hereinafter referred to as the Employer, represented by General Director Grigory Orlov Petrovich, acting on the basis of the Charter, on the one hand, and Svetlana Ivanovna Zaitseva, hereinafter referred to as the Employee, on the other hand, in accordance with Part 1 of Article 93 of the Labor Code of the Russian Federation, have entered into this agreement as follows. 1. An employee is assigned a part-time working day from 9.00 to 13.30 and a part-time working week (working days - Monday, Wednesday, Friday). Break for rest and meals - from 11.00 to 11.30. The part-time work regime is established for the period from 16.02.09 to 29.05.09. 2. Remuneration is carried out in proportion to the hours worked based on the salary established in paragraph 1.3 employment contract dated 01.09.08 No. 75. 3. This agreement is made in duplicate for each of the parties and is an integral part of the employment contract dated 01.09.08 No. 75, concluded between the Employer and the Employee. Employer: CEO Polet LLC Orlov / Orlov G. P. / Worker: Zaitseva / Zaitseva S. I. /
- Lawyer's response:
If there has been a change in the staffing table, i.e., in the SR, the rate has been reduced to 0.1, then this is a reduction. Perhaps the material from the magazine "Personnel Business" (No. 3, 2009) will help you figure it out: Question. Part-time or downsizing? To reduce personnel costs, the company's management decided to transfer part of the employees to part-time work. Appropriate changes were made to the staffing table. Workers were notified that they were given a part-time job of four hours and, accordingly, their pay was reduced by half. How legal is it? Answer. Let's figure it out. Let's see what actually happened: the reduction of certain posts by half or the establishment of a part-time regime for certain workers. Since in this case there is a substitution of concepts. So, if there was a reduction (suppose five employees were reduced by 0.5 rates: there were 40 staff positions in the staffing table, it became 37.5), then the employee whose position was reduced by half-time should be notified in the prescribed manner not about the transfer to part-time work, and about the reduction in his position by 0.5 rates. Now, if there were no reduction in the staffing table, and the issue of lowering the amount of wages for an employee (with a reduction in working hours) remained relevant, then we would notify employees about the introduction of part-time work. However, the transition to part-time work is not so simple. It should be remembered that in unilaterally, according to article 74 of the Labor Code, you can establish such a regime only: in order to save jobs. That is, this is possible only if the changes in the organizational or technological working conditions that have occurred in the organization threaten the mass dismissal of workers; taking into account the opinion of the elected body of the primary trade union organization; for up to six months. The Labor Code does not define part-time work. However, as follows from Article 93 of the Labor Code, time should be considered incomplete, the duration of which is less than normal duration working time set for the employee. If, for example, an employee has a 5-day working week with an 8-hour working day, then the introduction of a four-hour working day for him (with payment in proportion to the time worked) will be a transfer to part-time work. If he is transferred to part-time, then a 4-hour working day will be the norm for him. Therefore, you did wrong. In your case, it was necessary to notify each employee about the reduction of his half-time and offer a transfer to the remaining half-time, indicating the new working hours and wages.
- Lawyer's response:
Yes, indeed, the right to a monthly child care allowance (up to 1.5 years old) remains if the person on parental leave works part-time or at home, as well as in case of continuing education. If there is a written application from the employee with a request to establish part-time work for her, you, as an employer, need to draw up an additional agreement with the employee on establishing the agreed duration of a part-time working day (shift) or part-time working week. The issuance of an order to conclude an additional agreement is not a mandatory requirement, and will be under your consideration. In this case, if the condition for establishing part-time work for an employee (Article 93 of the Labor Code of the Russian Federation) is met, there is no reason for any conflict situation both in relation to the employee and in relation to you as an employer. Working on a part-time basis does not entail any restrictions for the employee on the duration of the annual basic paid leave, calculation of seniority. If you return to work full-time, interrupting parental leave, you are not entitled to benefits.
- Lawyer's response:
The question is moot. I have read about this different opinions. Here is one: “Part-time work in accordance with Article 93 of the Labor Code does not entail any restrictions for employees on the duration of annual paid leave, the calculation of seniority and other labor rights. This means that a woman working during the period of leave to care for child on a part-time basis, has the right to regular leave on a general basis. But how can she apply for it? After all, the use of two leaves at the same time is not provided for by law. It turns out that you need to interrupt the leave to care for the child and issue another one in the prescribed manner, after the expiration of the period which it will be necessary to return everything to its place (that is, to take parental leave again until the child reaches the age of three years)... The situation is resolvable, but the procedure is really cumbersome. when an employee, while on parental leave, did not work" ( full article here). There is an opinion that the employee is initially (first of all) on leave for care, and this time is not included in the length of service for leave.
- Lawyer's response:
According to Article 93 of the Labor Code, by agreement between the employee and the employer, part-time work (shift) or part-time work can be established both at the time of employment and subsequently. You are not transferred to 0.5 rates. The staff unit is busy. They definitely won't be able to take it. They can only assign additional duties to another employee or hire someone under a civil law contract to perform a specific job.
Yes, even tomorrow. But they will also pay one day less per week :) Do you agree to work less and get less? Will you become happier? Idiots. Russia, even with a five-day working week, cannot establish normal production. Plus service in...
I worked the entire pregnancy until 31 weeks on a shift schedule from 9 to 21 .. of course it was hard, especially during toxicosis in the summer in the very heat, and I really wanted to sleep .. but I understood that if I took sick leave, my work would fall on .. .
- Lawyer's response:
article 92 of the Labor Code of the Russian Federation. Reduced working hours are established: for employees under the age of sixteen - no more than 24 hours a week; for employees aged sixteen to eighteen years - no more than 35 hours per week; for employees who are disabled people of group I or II - no more than 35 hours a week; for workers employed in work with harmful and (or) hazardous conditions labor - no more than 36 hours a week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. Students working hours educational institutions under the age of eighteen, working for school year in their free time from studies, cannot exceed half of the norms established by the first part of this article for persons of the corresponding age. This Code and other federal laws may establish reduced working hours for other categories of employees (pedagogical, medical and other employees). Article 93. Part-time work [Labor Code of the Russian Federation] [Chapter 15] [Article 93] By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work 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.
- Lawyer's response:
Based on your question, we can assume the following: 1. The salary has become less: In accordance with Article 57 of the Labor Code, the terms of remuneration (including the size of the salary) is a mandatory condition of the employment contract. Therefore, the employer has the right to change the amount of wages established by the employment contract unilaterally in accordance with Article 74 of the Labor Code only if the following conditions are met. First. If the previous conditions of remuneration cannot be maintained for reasons related to changes in organizational or technological working conditions. Second. If the employee is notified in writing of the upcoming changes, as well as the reasons that necessitated such changes, no later than two months in advance. The actions of the employer to change wages will be recognized as lawful only if these two conditions are simultaneously met. Failure to comply with at least one of them may lead to the cancellation of the previously made decision. Remuneration systems, as follows from Article 135 of the Labor Code, are established by local regulations. In this case, the Regulation on wages. In accordance with the requirements of Article 68 of the Labor Code, when hiring (before signing an employment contract), each employee must be familiarized with this Regulation against signature. Therefore, despite the fact that in employment contracts concluded in writing, bonus payments are not mentioned (note that this is a violation of Article 57 of the Labor Code of the Russian Federation!), familiarization with the Regulation on remuneration indicates that each employee at the conclusion of the employment contract was aware of the conditions of remuneration for his work. The fact that, after reading the Regulations, the employee began to work, indicates that an agreement on the payment of part of the salary in the form of bonuses between the employee and the employer was actually reached, although it was not recorded in writing. Therefore, the employee must be notified of the cancellation of the payment of bonuses in the prescribed manner at least two months in advance (Article 74 of the Labor Code of the Russian Federation). 3. There were no additional payments: No, it is not necessary. If you have notified employees in writing about the transition to a new mode of work (indicating the duration of the working week, daily work (including the start and end times of work, work breaks) and the reason that caused the need for such changes) no later than two months before its introduction, then this is enough. The fact is that payments for work performed under conditions that deviate from normal (when working at night, overtime, on weekends and non-working holidays, etc.) are not constant. Additional payments and allowances (in case of involving employees in overtime work, at night, etc.) are paid for any mode of work. Part-time work or reduction: the Labor Code does not define part-time work. However, as follows from Article 93 of the Labor Code, part-time should be considered the time, the duration of which is less than the normal working hours established for the employee. If, for example, an employee has a 5-day working week with an 8-hour working day, then the introduction of a four-hour working day for him (with payment in proportion to the time worked) will be a transfer to part-time work. If he is transferred to part-time, then a 4-hour working day will be the norm for him. Materials from the site:
Pavel Barbayanov
Tell me, I have a 7-year-old daughter who goes to 1st grade at school. I have different work schedules at work and get to work 1.5 (maybe a little less) girlfriends (friends). but the whole year it's inconvenient. Help how to write an application correctly and can the employer refuse to reduce working hours?
Elizabeth Belova
Good afternoon! On what grounds can an incomplete work time for a woman with 2 children under 14?
Lilia Antonova
My husband does not work full m-ts And he is denied leave. Is this correct?
Elizabeth Veselova
I am retired, pay the mortgage for another 4 years and 8 months, on Monday they told me to write an application on my own (not for me alone) I am now on sick leave
Margarita Shestakova
article 93 of the Labor Code: is it necessary to draw up a separate agreement to the employment contract and immediately specify the day .. which will be a day off, the term of this agreement My employee wants to take such a day off every week on different days, is this legal?
Lydia Alexandrova
Are women with children allowed to three years shortened working day by one hour according to the labor code? What satya?
Elizabeth Semenova
Tell me what is the working day for pregnant employees of the wis (articles of the law) working day
Zhanna Titova
how many days of descent per year are part-time workers allowed?
Julia Egorova
Legal advice is needed. What needs to be done (provided to the authorities) in order to go to work part-time (without any payments), caring for an elderly grandmother (89 years old).
Zinaida Sidorova
I'm pregnant and the employer asks me to write a statement of my own! Help!!!. I'm on the 6th month, 10 weeks before the decree. I work as a sales representative, officially under an employment contract. Today I was asked to apply for own will... they say I can’t cope with my duties (for those who know, I don’t fulfill my plans). Although my plans were raised and it is physically impossible to fulfill them in a certain area. I tried for 2 months and 2 months didn't work... I do not refer to poor health, I try 100%. but now you can't prove anything... What do i do?
Veronika Ilyina
you can get a part-time job
Svetlana Romanova
my son is a disabled person of the 1st group, I have the right to a reduced working day. Job
Anastasia Yakovaleva
work and pregnancy. how to be?. pregnancy beginning of the 2nd trimester. arranged officially, but there are no sick days. I work as a salesman. work schedule 3 in three, but twelve hours. can I demand from management a reduction in working hours during the day, and which laws to refer to. how to do it so as not to spoil relations with superiors
Ksenia Petrova
i have an 8 year old child can i go to part time
Nikita Paradoxov
Benefits for disabled children.
Yana Mikheeva
The employee is on leave to care for a child under 3 years of age and works part-time. The employee is on leave to care for a child under 3 years of age and works part-time. Can the administration refuse to take another vacation?
Ilya Babakin
do I have the right to a shortened working day? now I have the 7th month of pregnancy! I work for five days, from 10 to 18
Diana Zhukova
What is the best way to apply to a school principal? After maternity leave, I want to go to work at school only on a half-time basis. Do I have the right to do this?
Egor Banny
Tell me an article in the Labor Code that says that women with a child under 3 years old may not work on Saturdays. I work at a school, we have a 5-day week, but the administration forces me to work on Saturdays. It needs to be legally motivated.
Inna Belova
Can I leave parental leave for a child under 1.5 years old for a non-main job before urgently?. Before the birth of the child, I had two jobs (main and part-time). Now I am on leave to care for a child up to 1.5 years old (a child is 7 months old). Now I want to go to not the main place of work, but on the main one to use the vacation to the end. Do I have the right to do this, and how should I proceed, because the application for leave was written before 03/23/2010.
k. This means that the temporary disability benefit is calculated from the average earnings of a person working under an employment contract for the last 12 calendar months preceding the month of the temporary disability. If there is no earnings in this billing period, the benefit is calculated from the earnings received in the month in which the insured event occurred.
Inna Romanova
Yakov Kubasov
My child goes to the nursery for 4 hours so far, I also go to work for 4 hours (0.5) of the rate. Question. How should I write a statement to the head that I go out part-time (4 hours-0.5 rate) while my child gets used to kindergarten and walks 4 hours a day
Grigory Kovalenkov
In connection with the crisis, it is necessary to transfer workers to a shorter working week, how to do this correctly, the procedure itself
Elizaveta Antonova
The rate is reduced to 0.1 units. Is this a reduction or a change in the terms of the employment contract?
Yaroslav Lisytsin
if you return to work from maternity leave earlier, will the payment of child allowance up to a year and a half remain? Well, two answers were received ... contradicting each other .... so all the same, how and where to find out then ????
Maria Belova
Is a female part-time worker entitled to annual leave. A woman works on a part-time basis, while on parental leave until the child reaches the age of 1.5 years. Is this period included in the length of service giving the right to the next annual leave?
Inna Belova
If I take a part-time job at 20 hours, where will the other 20 hours go? Can they take another worker for these hours?
Claudia Blinova
The UN analyzed the proposal of the Moscow trade unions to switch from a five-day to a four-day working week and
Sergey Borisov
Pregnancy and work Did you work during pregnancy?
Antonina Stepanova
Who can work part-time or full-time but not every day for a student of the Faculty of History?
Stanislav Romakhin
wage cuts. Is a 50% pay cut legal?
Alexandra Chausova, auditor, www.prostonalogi.ru
- When is part-time work permitted?
- What documents need to be issued?
- What is the difference between part time and reduced work time?
Establishing a part-time work regime may be necessary not only for the merchant himself in order to maintain the business or expand it, when a change in production frees up part of the staff. Partial mode can be asked by employees for the most different reasons. The merchant may well meet them, it is necessary to draw up only a few documents.
First, let's figure out what is what. The fact is that the concepts of “reduced working time” and “part-time working time” are confused, because both of them mean a reduction in working time. However, these terms have different meanings.
The working time is the time during which the employee performs his labor obligations(Article 91 of the Labor Code of the Russian Federation). Normal working hours for an ordinary employee cannot exceed 40 hours per week. For certain categories of workers, the code establishes reduced working hours. For such "exceptional" employees, a reduced rate is considered normal. These are disabled people of groups I or II, underage employees, persons employed in work with harmful or dangerous conditions (Article 92 of the Labor Code of the Russian Federation). That is, reduced working time is the norm (less than 40 hours), by law for certain categories of workers.
Part-time work is reduced hours of work. For persons with normal working hours, the 40-hour week is reduced to some limit set by a common decision between the employee and the employer. For persons with reduced working hours, the working hours are reduced based on the legally established norm. Moreover, if the merchant is obliged to set a reduced time for the employee, then the partial time depends entirely on the will of the parties. The main differences between part-time and reduced working hours are summarized in Table 1.
Table 1. Main differences between part-time and reduced-time work
| No. p / p | sign | Reduced working hours | part-time work |
|---|---|---|---|
| 1 | Categories of employees | It is established in relation to certain categories of employees named in Art. 93 of the Labor Code of the Russian Federation, other regulatory acts. In particular, minors, disabled people of category I or II, pedagogical and medical workers | Can be entered in relation to any employee, including those who are assigned reduced working hours |
| 2 | obligatory | If the Labor Code of the Russian Federation or another regulatory act establishes reduced working hours for an employee, the entrepreneur is obliged to comply with the requirement | It is not mandatory, it is established by the decision of the parties. The initiator can be either an employee or an employer. The employer does not have the right to refuse if 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), a person caring for a sick family member in accordance with medical report |
| 3 | Working hours | The duration of the working day and week is established by the Labor Code of the Russian Federation or other regulatory act | The duration can be any (by agreement of the parties). Can be set to part time or week or a combination |
| 4 | Establishment and validity period | It is set when applying for a job for the entire period of validity (minor employees - up to 18 years of age) | It can be established at the conclusion of an employment contract (registration for a job) or later at the initiative of any of the parties. The term is agreed by the parties. If the regime is introduced at the initiative of the employer, the maximum period cannot exceed 6 months |
| 5 | What is installed | Labor Code and other regulations. In some cases, an employment or collective agreement. In particular, for women working in the regions of the Far North (Article 320 of the Labor Code of the Russian Federation) | The merchant draws up an order, draws up an additional agreement to the employment contract |
| 6 | Salary | In full size. For minors - taking into account the reduced duration of work (Article 271 of the Labor Code of the Russian Federation) | In proportion to the hours worked or depending on the amount of work performed |
The general grounds for part-time work are defined in Article 93 of the Labor Code. Part-time work is introduced by agreement between the employee and the employer. Moreover, the initiator can be both a businessman and an employee himself. A part-time work day or a part-time work week may be established both at the time of employment and subsequently by agreement between the employee and the employer.
There are three options for part-time work. The first is a part-time job (shift). In this case, the work schedule for each day is determined. For example, with a five-day work week, employees work 8 hours a day from 9.00 to 18.00. The merchant reduces the number of hours per day and sets the length of the working day to five hours from 10.00 to 15.00, while maintaining the duration of the week - 5 days. The second option is part-time work. Here the length of the working day is preserved, but the number of working days is reduced. Suppose instead of a five-day week, introduce a three-day work week with an eight-hour working day. The third option implies a mixture of the first two, that is, the introduction of part-time work with a part-time work week.
Employee initiative
When an employee applies, the merchant may, and in some cases is obliged to, set a part-time work day or a part-time work week for the subordinate. The employer is obliged to provide the opportunity to work part-time (a week) at the request of a pregnant woman, one of the parents (guardians, trustees) who has a child under the age of 14 (if the child is disabled, then up to 18 years), a person caring for a sick member families in accordance with the medical report. In other cases, the merchant has the right to refuse an employee's request for part-time work.
Now let's deal with documentation employee initiatives. The subordinate must write an application for the opportunity to work part-time (part-time). It specifies for what period, how many hours per day or how many days per week he would like to work. A businessman concludes an additional agreement with an employee to an employment contract on changing working conditions. The agreement prescribes the duration of the working day (week), the procedure for payment (in proportion to the hours worked or depending on the amount of work performed) and the term (any by agreement of the parties) of the additional agreement. At the end of the period specified by the parties, the employee automatically begins to work full time. If a specific period is not specified, then the end of the period of part-time work is established by agreement of the parties on the basis of an application from the employee or at the suggestion of the employer. By the way, when the parties do not set a specific date for the expiration of the agreement, the document can prescribe the procedure for terminating it and switching the employee to normal work. On the basis of an additional agreement, the merchant issues an order establishing an individual regime. In connection with the establishment of part-time work, no entries are required.
Consequences for the employee
The establishment of part-time work does not affect the duration and procedure for providing an employee with annual paid leave, payment (including for pregnancy and childbirth) and the calculation of seniority. All labor rights of the employee established by the code are preserved (Article 93 of the Labor Code of the Russian Federation). But with part-time work will decrease. Remuneration is made in proportion to the hours worked or depending on the amount of work performed by agreement between the employer and the employee.
When a part-time work regime is established, the amount of wages is reduced regardless of the system of remuneration (official salary, rate, etc.). This is indicated in the letter of Rostrud dated June 8, 2007 No. 1619-6. That is, it is not necessary to change the salary system, to make adjustments to the staff list.
Example
An employee with a salary of 20,000 rubles. with a 40 hour work week. From September 1, 2009, the employee is transferred to part-time work - a 25-hour work week, 5 hours a day. Payment is made in proportion to the hours worked. This means that for fully worked (incomplete) time, the employee is entitled to a salary of 12,500 rubles. (20,000 rubles / 40 hours 5 25 hours).
Suppose, in September, a subordinate took 4 days at his own expense. In September - 22 working days, 18 (22 - 4) worked, which means the salary will be 10,227.27 rubles. (12,500 rubles / 22 days 5 18 days).
Employer initiative
The introduction of part-time work at the initiative of the employer is permissible only in the case provided for in Article 74 of the Labor Code. Namely, if there are changes in organizational or technological working conditions, and these reasons can lead to mass new technology, the production technology is changing, respectively, to perform the work, it will be necessary to reduce the staff (mass layoffs) or reduce the mode of operation. Of course, all these processes must be documented. The financial situation, although it may lead to the mass dismissal of subordinates, is not a reason for the merchant to establish part-time work for his subordinates. Another case was when the economic situation prompted a businessman to introduce other technologies, change the production process, use and maintenance of equipment. In this case, the introduction of an incomplete regime is quite possible.
What is mass layoffs? Article 82 of the Labor Code refers to sectoral and territorial agreements, where the criteria for mass layoffs should be prescribed. For example, in the construction and production of building materials, this is considered a reduction in staff by 10 percent of the total number, in the field consumer services- 5 percent.
So, in order to save jobs, a businessman can introduce a part-time regime (part-time work week). To do this, you need to draw up an appropriate order on the introduction of part-time work. There is no special form for this, the order is drawn up in any form. The period for which the reduction of the regime is allowed at the initiative of the employer is strictly limited - it cannot exceed 6 months.
The merchant is obliged to notify the employees of forthcoming changes in the terms of the employment contract. In addition, it is necessary to report on the reasons that caused the need for changes (table 2). This is done in writing no later than two months before the proposed start of part-time work. This can be done by familiarizing the employee (against signature) with the order to introduce part-time work or by using a separate notice. The second option is preferable - the employee will receive a document containing all the necessary information, thereby the merchant will fulfill his obligation to inform the employee about the upcoming changes. Moreover, the decision of the subordinate is better to have in writing. Note: the consent of the employee in this case is not required, it is only necessary to obtain a signature that the employee is familiar with the upcoming changes. But the refusal must be in writing.
Table 2. Information to be included in an employee's notice of the introduction of part-time work
| No. p / p | Intelligence | Sample text |
|---|---|---|
| 1 | The period of time for which the regime is introduced | We inform you that in connection with the launch of the new production system for the period from September 1 to November 30, 2009, part-time work is introduced. The following working hours are set: 4 hours daily from Monday to Friday. Of them: – from 9.00 to 15.00 on Monday, Tuesday, Wednesday; - from 13.00 to 18.00 on Thursday, Friday. During the working day, a break is provided for rest and meals lasting 1 hour. Working on a part-time basis will not entail any restrictions on the duration of the annual basic paid leave, the calculation of seniority and other labor rights (Article 93 of the Labor Code of the Russian Federation). Wages will be paid in proportion to hours worked. Give your decision in writing. In case of disagreement, a transfer to another job is possible. If you refuse to transfer, as well as in the absence of suitable ones, the employment contract with you will be terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation with the payment of a severance pay in the amount of two weeks of average earnings |
| 2 | Reasons for the introduction of part-time work | |
| 3 | What kind of part-time work is set: part-time work, part-time work week or mixed option | |
| 4 | Terms of payment | |
| 5 | Preservation of the duration of the annual basic paid leave, calculation of seniority, sick leave certificates | |
| 6 | Consequences associated with the employee's decision to refuse to continue working part-time (termination of the contract under Article 77 of the Labor Code of the Russian Federation) |
The employee has the right not to agree to part-time work. In this case, the individual entrepreneur must, in writing, offer the subordinate another job available to the merchant that the employee can perform taking into account the state of his health, including a lower position or lower-paid job (Article 74 of the Labor Code of the Russian Federation). An individual entrepreneur is obliged to offer available vacancies in other areas, if this is provided for by the collective agreement, agreements, labor contract. If the merchant does not have vacancies or the employee refuses offers, the employment contract with him/her is terminated in accordance with Clause 7 of Part 1 of Article 77 of the Labor Code – refusal of the employee to continue working due to a change in the terms and conditions of the employment contract determined by the parties.
When establishing a regime of part-time work (shift) or part-time work week, the merchant is obliged to inform the employment service about this within three working days after the decision to introduce part-time work (clause 2, article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1, as amended by the Federal Law of December 25, 2008 No. 287-FZ). There are no forms for this, the message is written in any form.
For organizations, there is one more requirement - to coordinate the introduction of the regime with the primary trade union organization (Article 372 of the Labor Code of the Russian Federation). But the merchant does not have one, so coordination is not required. And the last thing the entrepreneur must do is to draw up additional agreements to employment contracts on changing the conditions that establish the duration of working hours.
1. The term "part-time work" used in Article 93 of the Labor Code of the Russian Federation covers both part-time work and part-time work.
With part-time work, the number of hours of work per day is reduced compared to what is established in the organization by the schedule or schedule for this category of workers (for example, instead of 8 hours - 4).
Part-time working week means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish an employee with a part-time working week with part-time work (for example, 3 working days a week for 4 hours each).
In contrast to reduced working time, which is a full measure of the duration of work, statutory for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time work is only part of this measure. Therefore, with part-time work, remuneration is made in proportion to the hours worked, and with piecework pay, depending on the output.
Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both when applying for a job, and during the period of work. The condition of 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 established by 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 for the employee, at his request, a part-time working day or a part-time working week. Yes, part-time work without fail installed 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 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal and other regulatory legal acts of the Russian Federation.
Consolidation of the right to mandatory establishment of a part-time regime of only one of the parents who has a child under the age of 14 (a disabled child under 18) means that if the need for such a regime arises with 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 work at the request of the disabled person, if such a regime is necessary for him in accordance with the individual rehabilitation program, which is mandatory for organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Disabled Persons ).
The refusal of the employer to satisfy such a request may be appealed to the labor dispute resolution bodies.
3. Part-time work is established for a fixed period or without specifying a period. At the same time, work on a part-time or part-time working week is indicated in the content of the employment contract (see article 57 and comments to it).
Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and study leave; the time of work is counted in the length of service as full-time work; weekends and holidays are provided in accordance with labor legislation.
In work books, a mark on work with part-time work is not made.
On part-time work for women and other persons on leave to care for a child under the age of 3, see Part 3 of Art. 256 and comment. To her.
Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible in connection with changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of this organization for up to 6 months.
For the transfer to this mode, see comments. to Art. 74.
Persons hired on a part-time or part-time working week, as well as those employed at half the rate (salary) in accordance with an employment contract, are included in the list of employees of the organization. In the headcount, the specified employees are taken into account for each calendar day as whole units, including non-working days weeks due to hiring.
Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to part-time work, when determining average headcount employees are counted pro rata to hours worked (see Instructions for Completing the Federal statistical observation N 1-T "Information on the number and wages of employees", approved. Decree of Rosstat of October 13, 2008 N 258 // Questions of statistics. 2009. No. 1).
Sometimes the employer, taking into account the specifics of the activity, does not require employees for the whole day. And he takes employees with their consent for part time. It can be both main workers and part-time workers. Yes, and the employee may have circumstances in the presence of which he is required to establish part-time.
Drawing up a time sheet for part-time work requires compliance with certain rules. Such a day is marked in the report card under the code "NS" or "25", the choice of the code is at the choice of the employee.
Who is legally entitled to part-time
There are a number of cases that allow the transition to a part-time job, when the employer cannot refuse:
The mother of a sick child is entitled to part-time work
Payment Features
Salary for part-time is accrued: either for the time actually worked, or for the volume of products produced (Article 93 of the Labor Code of the Russian Federation).
The method of payment is reflected in the employment contract. Based on the main provisions, the calculation of the wages due to an employee working in this mode is carried out.
An example of calculating the salary of a part-time worker
Loader A.N. Seregin, an employee of Alma LLC, was transferred to part-time work. Seregin's monthly salary is 35,000 rubles. Let's calculate how much he will receive with a part-time work week and a day.
1 calculation option. From October 1 to November 30, 2016, the working week is 4 days.
October calculation:
In October - 18 working days instead of 22.
Salary for October: 35,000: 22 x 18 = 28,636 rubles.
November calculation:
In November - 17 working days instead of 21
Salary for November: 35,000: 21 x 17 \u003d 28,333 rubles.
Option 2 calculation. From October 1 to October 30, 2016, Seregin works part-time for 6 hours a day, instead of 8.
October calculation:
In October - 22 work. day. For a full-fledged shift, this is 176 slaves. hour. (22 x 8 = 176 hours).
For part-time- 132 workers hour. (22 x 6 = 132 hours)
Salary for 1 working hour: 35,000: 176 = 198.86 rubles.
Seregin's salary for October:
198.86 x 132 = 26,250 rubles.
Salary is calculated in proportion to hours worked
Reduced Mode
The reduced regime is established on the basis of mutual consent of the subjects of labor relations, its main aspects are reflected in the document (agreement, contract, agreement) (Article 320 of the Labor Code of the Russian Federation).
Provisions of the Labor Code of the Russian Federation on a reduced working day (week)
The following articles of the Labor Code of the Russian Federation regulate the relationship between the employer and the employee in terms of reduced time:
In what cases can a shortened day be set at full employment
The eve of the holiday is a preparatory day, so its shortened version is an opportunity to prepare for the celebration. This norm is established at the state level and is mandatory.
If the company has specifics, in which it is not possible to reduce the pre-holiday day by at least 1 hour, this time is compensated by additional days off or monetary compensation.
When the air temperature is above normal, the working day is shortened or stopped
With a 6-day working week, the day before the holiday lasts 5 hours.
There are situations when the duration of working hours is influenced by factors that go beyond the limits of sanitary requirements. Different enterprises have specific conditions, for example, increased temperature regime. If the norm from +21 to +28 degrees is exceeded, for every half degree of excess, a reduction of 1 hour is required. For example, an atmosphere with a temperature of +30 degrees provides for a reduction to 5 hours of the working day. The maximum norm is +32.5 degrees Celsius. At temperatures above this limit, work is prohibited.
Who is eligible for a reduced day
Not every enterprise provides a reduced weekly rate within 36 hours. Sometimes the specifics of work require other approaches, for example, in shift mode, summarized accounting is used. Every second week is reduced by one paid day.
Reduction of working hours is provided for certain categories, the list is presented in the Labor Code of the Russian Federation:
In addition to these, there are several more categories, the reduced operating time of which is legalized by separate Federal Laws. refers to workers employed in manufacturing plants. chemical weapons, physicians associated with the care of HIV-infected, tuberculosis patients, etc.
Video: working conditions and rights of people with disabilities
Remuneration and social guarantees
For workers in a reduced regime, there is a guarantee in the form of legislation (for example, Article 320 of the Labor Code of the Russian Federation), which provides one hundred percent wages. In many of the reduced mode cases described above, the full size salary and all types of additional payments provided for by the Labor Code of the Russian Federation and the labor agreement, as in full working mode. The work experience is maintained.
The calculation of wages and deduction of taxes for this category is carried out in the same way as in the full mode.
Registration of reception and transfer of employees to a reduced regime
During the operation of the enterprise, situations may arise when it is necessary to introduce an abbreviated regime:
Reflection of the reduced regime in the employment contract
If the majority of persons in the preferential category work in the state of the enterprise, the reduced working hours should be reflected in the labor contract or the Internal Labor Regulations. The document provides a list of positions subject to a reduced regime and the amount of reduced time.
All terms and conditions of the employment contract are individual
How to transfer a full-time employee to reduced work
If it is necessary to transfer an employee from a full-time to a shortened working day, it is necessary to act in the following sequence:
Sample order for the transfer of an employee to a reduced working day
The order is issued in a standard form, it must indicate the personal data of the employee and the features of the mode of operation.
The standard form of the order is drawn up when hiring or transferring an employee to a shortened working day
Pregnant women: part-time or shortened day
With pregnant women, mistakes in interpretation are often made when they consider that such women are entitled to a shortened day. There is a fundamental difference here: pregnant women are allowed only part-time on their own initiative. In this case, the salary will be reduced on a proportional basis in relation to the hours worked and the average hourly earnings.
For this reason, pregnant women rarely use this opportunity, and when the doctor strongly advises and if the underpayment for unworked hours for a woman is not too big loss. This mode allows you to reduce unwanted loads.
Sample application for transfer to part-time due to pregnancy
Chief Editor
regional newspaper "Novosti Plus"
Melnikov R.P.
from correspondent
Aleshina I.P.
Statement
I am asking from 06/01/2015 to 09/30/2015 to transfer me to a part-time job (seven-hour working day) due to pregnancy.
I am enclosing a medical certificate.
May 28, 2017 Signature
Women with small children - features of the work schedule
A shortened working week is used for working mothers of children up to 1.5 or 3 years old. Their total working time per calendar week cannot exceed 36 hours. It is worth noting that the shortened working week under Art. 260 of the Labor Code of the Russian Federation is equated to full, which means that a young mother will not be paid a monthly allowance for caring for a child.
The most acceptable option would be to go part-time (up to 30 hours a week). The payment of the child care allowance continues and wages will be paid in proportion to the hours worked or depending on the amount of work performed. At the same time, the remaining time of parental leave remains in the asset of the young mother, and she can continue it at any time. To do this, a simple application addressed to the director of the enterprise will suffice.
Establishment of a part-time job
Part-time work may be introduced at the initiative of an employee or employer, on a temporary or permanent basis, individually or as part of a team.
Introduction of an incomplete rate by the employee and at the initiative of the employer (director)
Changes to the working hours can be made by all subjects of the labor agreement. The introduction of part-time work, as a rule, is initiated by the employee if he needs a lighter load. He needs to write an application with a request to change the duration of work. Having approved such a decision, the management issues an order.
The order to establish part-time work may be individual
However, there are times when the initiative comes from the employer. This happens, for example, in connection with a decline in production at the enterprise. In order to prevent mass layoffs, the management comes out of the situation and offers its employees to switch to part-time work, and be sure to give 2 months' notice of this (Article 74 of the Labor Code of the Russian Federation).
In this case, a single order is issued. Here, the opinion of employees is no longer taken into account. If someone disagrees, he is subject to dismissal automatically (clause 2, part 1, article 81).
In connection with the production need, part-time work can be introduced for the entire team. agreements may vary Cancellation of operating mode changes
The process of terminating the part-time work regime occurs according to the reverse algorithm of introduction. If, for example, the order was the basis, then an order is issued to cancel it and return the full regime. If an addendum was signed labor contract, therefore, it is necessary to accept a new addition.
As a result of the discussion of issues on changing the working regime, it should be noted that for almost each of them there is an article of the labor code or another act. However, in practice, not everything and not always happens within the legal framework, which can eventually lead to labor disputes. An employer who does not comply with legal regulations runs the risk of being sued in court. It should be noted that legal literacy modern citizens has grown significantly, most of them know their rights and know how to protect them.
The reduced working regime differs from the incomplete one and is established for the purpose of social protection of certain categories that need it. Part-time work is a convenient tool for managing production processes in order to stabilize work and get out of a difficult economic situation. In the future, this will help to establish production and achieve better results.
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Part-time work is considered special mode work in which the working hours are less than normal, that is, less than 40 hours a week (Article 91 of the Labor Code of the Russian Federation). Even if each working day is 12 minutes less than for other workers (Decree of the Federal Antimonopoly Service of the Urals District of December 10, 2008 No. F09-9217 / 08-C2 in case No. A71-2756 / 08).
When paying in such conditions, the employer often has questions. They are connected with the fact that many confuse part-time and reduced working hours (table below). How to calculate the temporary disability benefit for an employee who has a part-time job? Is it necessary to reduce the average daily earnings in proportion to working hours when calculating vacation pay? How is overtime paid for a part-time worker?
Comparative characteristics of part-time and reduced working time
Part-time work for a new mom
It is not uncommon for an employee who is on parental leave, without interrupting it, with the consent of the employer, to work on a part-time basis. At the same time, she retains the right to receive benefits for caring for a child up to one and a half years (part 2 of article 11.1 of Law No. 255-FZ). The law does not set limits on the reduction of working hours under which a young mother is entitled to such a payment (Article 93 of the Labor Code of the Russian Federation).
However, the territorial branches of the FSS of Russia may not accept the childcare allowance for offset if the working day is reduced by only a few minutes. Because, according to the Foundation's specialists, such time cannot be considered incomplete. Although the courts are of the opposite opinion (FAS decision Far Eastern District dated September 19, 2012 No. F03-3632/2012 in case No. A51-3233/2012, decision of the Federal Antimonopoly Service of the Urals District dated December 10, 2008 No. F09-9217/08-C2 in case No. A71-2756/08).
When setting part-time work for a woman who is on parental leave, it is safer to listen to the recommendations of the FSS of Russia. In case of part-time work, the working day (shift) must be shorter than the usual duration 1 . And the duration of the working week is more than 20-24 hours with a five- and six-day week, respectively.
For an employee who works part-time, the employer has the right to establish an irregular working day (Rostrud letter dated April 19, 2010 No. 1073-6-1)
Part-time work for part-timers
The employer has the right to apply the part-time regime not only for the main employees, but also for part-time workers who work part-time. This means that part-time work for a part-time worker can be two or three hours a day. Total amount working hours worked per month cannot exceed half of the monthly norm of working hours established for key employees (Article 284 of the Labor Code of the Russian Federation). The Labor Code does not establish a minimum number of working hours per week (part two of article 91 of the Labor Code of the Russian Federation). Consequently, part-time workers can be set for an incomplete day or week with payment in proportion to the hours worked (Article 285 of the Labor Code of the Russian Federation).
Imagine that a woman, while on parental leave for up to a year and a half, works part-time at her main job and takes a part-time job in another organization (Article 282 of the Labor Code of the Russian Federation). Together, she will work more than 40 hours a week at two jobs. In this case, she also retains the right to receive state social insurance benefits (Article 13 of the Federal Law of May 19, 1995 No. 81-FZ). This is allowed, since the law does not require taking into account the total working time of the employee at the main place and part-time. This does not affect the right to receive child care allowance up to one and a half years. Moreover, the employee can choose at which place of work to receive such a payment (parts 2–2.2 of article 13 of the Law of December 29, 2006 No. 255-FZ).
Does the work schedule affect the procedure for calculating vacation and sick pay?
When calculating vacation pay, it is not necessary to reduce the average daily earnings in proportion to working hours. To pay for vacation, the employee’s earnings for the last 12 calendar months and the time actually worked by him are taken into account in full (paragraphs 4, 12 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).
Temporary disability allowance for part-time work is accrued for all calendar days for which a certificate of incapacity for work has been issued. The amount of the allowance is affected by the length of service of the employee and his average daily earnings (Articles 7, 8, 14 of the Federal Law of December 29, 2006 No. 255-FZ, clause 16 of the Regulation approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375).
How many days an employee works during a week only matters in one case. When, according to the results of the calculation, the average earnings for the full calendar month turns out to be lower minimum size wages (minimum wage) established on the day of the onset of the disease. Then it is calculated based on the minimum wage. At the same time, the value of the minimum wage is reduced in proportion to the length of working time. For example, if an employee works for four hours, then you need to take 0.5 minimum wage (part 1.1 of article 14 of the Federal Law of December 29, 2006 No. 255-FZ).
When calculating sick days, on which the employee did not work on a part-time schedule, consider them as ordinary days off (clause 5 of the Regulation approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922)
Example
Watchman Mikhail V. works at Garage LLC on a part-time basis 6 hours a day, 5 days a week, which is 0.75 of the official salary. According to staffing the full-time salary is 28,000 rubles, and for 0.75 rates - 21,000 rubles. (28,000 rubles x 0.75). Mikhail has been working in the organization for four years, his insurance experience is 9 years. Temporary disability of Mikhail V. occurred in 2013. Number of days of disability 7. The average earnings for 2011 and 2012 will be: 690.41 rubles. (21,000 rubles x 12 months x 2 years) / 730 days). Mikhail has more than 8 years of insurance experience, so disability benefits are due in the amount of 100 percent of average earnings.
Thus, the amount of temporary disability benefits will be: 4832.87 rubles. (690.41 rubles x 7 days).
How to pay for a business trip
When sending an employee on a business trip with part-time work, the proportional payment rule established by Article 93 of the Labor Code does not apply. For the days of being on a business trip, an employee is credited with an average salary, which is calculated according to the general rule (clause 4 of Decree of the Government of the Russian Federation of December 24, 2007 No. 922). At the same time, the size of the per diem allowance issued to an employee also does not depend on the mode of his work. After all, per diems are not wages, they are paid in full (Articles 167, 168 of the Labor Code of the Russian Federation, clause 11 of the Regulations approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).
For a part-time worker, calculate the salary in proportion to the time worked in a particular month (Article 93 of the Labor Code of the Russian Federation)
Example
Viktor M. works at Volga LLC. Since January 9, 2013, he has been given a part-time working week from Monday to Thursday. From December 2 to December 5, 2013, he was sent on a business trip for four working days. The billing period is the last 12 months (from December 1, 2012 to November 30, 2013). There are no excluded periods (vacation, business trip, sick leave, idle time, etc.). Victor's salary - 30,000 rubles. per month. In December 2012, he was credited with 30,000 rubles. for 21 working days. From January 1, 2013 to November 30, 2013 - 265,468.30 rubles. for 181 working days. Thus, in total for the billing period, Victor's earnings amounted to 295,468.30 rubles. (265,468.30 rubles + 30,000 rubles).
The amount of the average daily salary for the billing period is 1462.71 rubles. (295,468.30 rubles : 202 days). Thus, for four days of Viktor M.'s business trip, the payment will be 5850.84 rubles. (1462.71 rubles x 4 days).
If the business trip falls on a day off of a part-time working week, then it should be paid in the amount of a double salary (Article 153 of the Labor Code of the Russian Federation, clause 5 of the Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, when an employee who has a working week from Monday to Thursday goes on a business trip on Friday (his day off).
Benefits and guarantees for part-time employees
Employees with part-time work enjoy the same labor rights as those who have normal working hours (part three of article 93 of the Labor Code of the Russian Federation). So, regardless of the mode of operation and the length of the working day, employees work one hour less on the pre-holiday working day (Article 95 of the Labor Code of the Russian Federation, clause 1 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n). In this case, such a day is paid in full. If it is impossible to shorten the pre-holiday day (for example, in a continuously operating organization), then processing is compensated by additional rest time or paid as overtime work (part two of article 95 of the Labor Code of the Russian Federation).
In the case when a part-time employee actually works all day, the hours worked at the initiative of the employer in excess of the established regime are overtime work. They are paid at an increased rate (Article 152 of the Labor Code of the Russian Federation, letter from Rostrud dated March 1, 2007 No. 474-6-0).
Is part-time work included in the special length of service for early retirement
Part-time working hours are counted in the length of service as full-time working hours. An exception is employees who are entitled to an early old-age pension (clause 2 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (hereinafter referred to as Rules No. 516)). The length of service that gives the right to an early appointment of an old-age pension includes periods of work performed constantly for a full working day, provided that insurance premiums are paid to the Pension Fund for these periods. A part-time employee will not lose in special seniority, provided that he worked part-time, but full-time due to a reduction in production volumes (clause 6 of Regulation No. 516).