Someone can do it part time. When can a shortened working week be introduced at the initiative of the employer?

It is necessary to distinguish between the common concepts of “reduced” and “part-time working hours”, according to the Labor Code of the Russian Federation. If, in the case of a reduction in the duration of work, it is the employer who plans to preserve the health of employees by applying gentle conditions, then in the second case the initiative comes from one of the parties to the contract. This circumstance must be documented during the signing of the contract upon entry into work and is observed during the labor relationship.

Concept of part-time work

Working time is considered incomplete if the period is less than the normative and legally established one - an 8-hour working day with a 5-day working week of 40 hours. The establishment of part-time work occurs on special operating conditions mentioned in the work contract, and this amendment is made to the staffing table.

This work regime may relate to working days and weeks, distributed in equal shares with respect to each billing period.

These conditions should not entail any consequences for the employee: neither in determining the average wage, nor in establishing the next vacation, or social compensation. That is, there is no significant difference between employees who have different working hours, even if they are hired part-time or work as a result of transfer from another department. Moreover, each of them has the right to apply for part-time work if special circumstances arise.

In accordance with Article 93 of the Labor Code of the Russian Federation, it is customary to distinguish between three types of part-time work:

• working day or shift - the number of working hours for each day (or shift) is reduced equally;
• incomplete week - only a reduction in the number of working days for the entire week, while maintaining the established 8-hour working time;
• combined mode - part-time work every day and week: the number of working hours and days is reduced. Example: four working days per week, lasting 4 hours.

All of the listed types of part-time work can be applied to any employee, subject to the proper circumstances and taking into account the specifics of his work.

Established working modes

Regarding the Labor Code, the transition to part-time working hours occurs after the employee provides the required documents and issues an order signed by the head of the institution.

The employer's guarantee obligations and all benefits for the employee must be preserved in full, which he must not forget about and confidently declare his rights. The Labor Code of the Russian Federation, Part 3 of Article 93 states that the time actually worked by him is included in the total insurance period as full, and every weekend, as well as holidays and vacations, are provided to him without exception and on the usual basis.

Also, part-time work may be introduced for the entire organization, at the initiative of the director or employees.

Here, part-time work is calculated for each staff unit. This is advisable when a business is suffering losses and there is a choice - to reduce staff or reduce the duration of all working hours.

It is very important to adhere to the legislative rules when the administration initiates the introduction of such a regime, for the successful implementation of this measure and to avoid difficulties in the future.

Order on part-time work

The issuance of the order is preceded by the drawing up of an additional agreement for a new part-time working time to the existing employment contract with a specific employee. Its basis is the employee’s personal statement, signed by the manager and attached to the agreement.

The agreement states:

• duration of the working day (or shift);
• exact start time of work;
• end time.

A flexible (or “sliding”) schedule is fixed based on the results of the previous accounting period - year, month, etc. They are reflected in regulations for recording the summarized time worked (timesheet, etc.).

An order to establish part-time work must include the following information:

• name of company;
• location of the organization;
• date of issue of the order;
• mention of the relevant legislative act;
• list of supporting documents (application, additional agreement);
• number and date of the additional agreement;
• signatures of the manager and employee;
• seal of the organization.

In any budgetary institution, the order to establish part-time work is agreed upon, first of all, with the head of the trade union and the chief accountant. This regime is announced en masse when conditions arise that could provoke a series of layoffs.

The introduction of a part-time working regime is regulated by Article 74 of the Labor Code, according to which it can last up to 6 months to pursue the goal of preserving previous jobs in the institution.

Cancellation of the part-time regime occurs on the basis of a new order of the employer, by informing all employees. An important condition is the agreement of each employee with the changed regime introduced for him.

Who applies for part-time work?

The following groups of workers have the right to apply for part-time work (Article 93 of the Labor Code):

• parent (guardian or trustee) of a child (children) under 14 years of age, or a disabled child under 18 years of age;
• caring for a sick relative who has a medical certificate in hand;
• female employees during pregnancy.

It should be noted that part-time work leaves the employee the right to receive social benefits from the state. Moreover, this can be not only the mother, but also any other close relative who provides care for the child (children), guardianship or trusteeship (Article 256 of the Labor Code of the Russian Federation). Who also has the right to part-time work.

It must be said that the right to part-time work is retained by each employee throughout his entire working life and can be documented not only at the time of entry to work, but also at any other time, with supporting documents attached (certificate of pregnancy, doctor’s report and etc.).

All differences in the working regime of a particular employee from the accepted standards in the organization must be included in the employment contract (Article 57 of the Labor Code). Just as changes in the regime are listed in the additional contractual agreement for part-time work, concluded in writing (Article 72 of the Labor Code).

Remuneration for part-time work

When switching to part-time work, the payment of wages is reduced in proportion to the work completed or the period worked. This fact does not depend on the payment system adopted in this institution. But the total salary for an employee may not reach the minimum wage, because, according to the law, the condition for paying the minimum wage is the development of a standard working time per month.

When calculating payments to an employee, even the fact that part-time work was established for him in the middle of the billing period is absolutely not significant. The employer can introduce these conditions, if not at the insistence of the employee, then in the presence of extraordinary factors.

To pay for sick leave, maternity benefits, and others, travel expenses and regular vacations, average earnings are also taken into account, without restrictions when switching to part-time work. For involvement in activities outside the hours determined for the employee by order of the manager, this is paid in accordance with the procedure for paying overtime work (Article 99 and Article 152 of the Labor Code). As well as work on weekends, with the existing part-time work week (Articles 113 and 153 of the Labor Code).

Rights of part-time workers

In order to avoid possible misunderstandings and litigation, employees should be aware of their rights related to the concept of “part-time work”, and also correctly interpret the provisions of the Labor Code. So, for example, in such cases, when the initiator of the introduction of new rules regarding an employee (or several persons) is the manager, employees are warned about this in advance - no later than 2 calendar months.

An employee may be against having a part-time working regime introduced in relation to his activities.

Then the employer is obliged to immediately, as soon as possible, offer him another position that meets his professional skills and state of health, putting the offer in writing. In its absence, a vacant lower position with lower pay is offered.

If there are none in this institution, then the employment contract, if the employee does not agree to switch to part-time work, is terminated, in connection with clause 7, part 1, article 77 of the Labor Code. The employee is also notified in writing that there are no suitable vacancies and this entails termination of cooperation.

All benefits, compensation, guarantees for an employee switching to part-time (weekly) work are retained in full. This is provided for by modern legislation and cannot be violated.

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Part time

I am a mother of many children, raising five children, the children’s father died, do I have the right to part-time work?

Angela 01/29/2019 16:53

I agree with my colleague.

Zakharova Elena Alexandrovna 02.03.2019 12:00

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Child care leave up to 1.5 years

I am on leave to care for a child up to 1.5 years old. And I work part-time. Can I take 5 work shifts without pay? For the trip. And how to apply.

Ekaterina 22.11.2018 20:32

Hello! According to Art. 128 of the Labor Code of the Russian Federation, for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application from the employee, to provide leave without pay to: participants of the Great Patriotic War - up to 35 calendar days per year; for working old-age pensioners (by age) - up to 14 calendar days per year; parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system, who died or died as a result of injury, concussion or injury received while performing the duties of military service (service), or due to an illness associated with military service (service) - up to 14 calendar days a year; for working disabled people - up to 60 calendar days per year; employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days; in other cases provided for by this Code, other federal laws or a collective agreement.

Yurenev Vitaly Anatolievich 23.11.2018 11:17

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I completely agree with my colleague.

Mulikov Maxim 11/24/2018 12:00

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Part-time working hours, working hours

According to the internal regulations, the working hours are from 8 to 14.30, the employee wants to work part-time at 0.5 times the rate from 14.00 to 17.00. Is this possible? if time runs out.

Alena 11/14/2018 06:56

Good afternoon According to Art. 93 of the Labor Code of the Russian Federation, by agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract. If the employer does not agree with the conditions, he may not establish this work schedule. We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - “MIP”.

Pastukhov Sergey Stanislavovich 14.11.2018 11:08

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I completely agree with my colleague.

Fedorova Lyubov Petrovna 15.11.2018 13:13

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Part time

Hello. I am returning to work from maternity leave and I have 3 months of training ahead of me. How can I exercise my right to work a part-time day or week? Thank you

Natalya 07/19/2018 23:34

Good afternoon According to Art. 93 of the Labor Code of the Russian Federation By agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.The employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time working time is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer. 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.

Nazarova Evgenia Viktorovna 17.09.2018 13:54

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For a more detailed answer, please contact our company.

18.09.2018 12:12

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Part-time work

Hello! I am registering guardianship over an incapacitated relative (Grandmother). Recognized by the court as an incompetent citizen with a diagnosis of dementia. Am I eligible for part-time work?

Oleg 12/13/2017 00:20

Hello Oleg! You have the right to part-time work, according to Art. 93 of the Labor Code of the Russian Federation, if you are caring for a sick person, in accordance with the medical report in the form, according to the order of the Ministry of Health and Social Development of the Russian Federation No. 441n.

Fedorova Lyubov Petrovna 13.12.2017 12:42

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Part-time working hours are established by agreement of the parties or as mandatory for individual employees listed in the Labor Code of the Russian Federation, as well as if necessary caused by certain changes in the enterprise. In this article we will reveal the reasons for introducing this regime.

Procedure for registering part-time work at the employee’s initiative

Part-time working hours are established as a result of an agreement between the employee and the employer. The initiator of such a regime can be both the employee and the employer.

If an employment contract has already been concluded, the part-time working regime (WW) is introduced by concluding an additional agreement. It must be preceded by an order from the employer to establish the NRT, which the employee familiarizes himself with upon signature. The agreement is made in writing.

NRT can be established through the introduction of a part-time working day, a week or in a mixed form.

The period for which such an agreement is concluded is not defined by law; therefore, the agreement can be concluded either with or without a specific period.

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

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

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

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

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

Also part-time work is established for medical and teaching workers, when working with chemical weapons, for women working in settlements and regions of the Far North and equivalent territories.

At the request of a woman on maternity leave, and with the consent of the employer, she can be assigned a NRV; Moreover, she has the right to perform work duties both in the office and at home.

Part-time working hours at the initiative of the employer

Part-time working hours can be established by order of the employer in the cases provided for in Art. 74 of the Labor Code of the Russian Federation: in connection with a change in the organizational structure or technological processes at the enterprise. The introduction of NRT is allowed only with the approval of the trade union for a period of no more than 6 months in a row. And such a regime cannot worsen the situation of workers. At the same time, the legislator does not limit the number of such introductions of NDV and their frequency in production.

The employer is obliged to notify the employee in writing about the introduction of the NRT 2 months in advance. The organization must also report the changing working hours to the employment service and statistical authorities. For failure to comply with this requirement of the law, liability is provided under Art. 19.7 Code of Administrative Offenses of the Russian Federation.

Procedure for establishing partial time

1. The employer notifies employees in writing about the establishment of part-time work in the organization.
   The notice is given to the employee against signature. An act of refusal to receive it is drawn up.
2. Next, an order is issued on the upcoming introduction of the NRT regime, which indicates the grounds and necessity for such an establishment.
3. Workers familiarize themselves with the order against receipt.
4. Employees who refuse are offered other positions in writing. Such notice must contain:
   • Job title;
   • working conditions;
   • description of the job function;
   • amount of payment and other essential conditions.

   In this case, it is advisable to offer several positions to choose from in the notification. Notify the employee in accordance with Art. 74 of the Labor Code of the Russian Federation, possibly within 2 months either several times or once.

5. If the employee agrees to move to another position, a corresponding additional agreement is concluded.
6. If the employee does not agree, he is dismissed after 2 months.

Grounds for switching to part-time work

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

An unconditional reduction in wages will not be taken into account by the courts as a change in working conditions within the meaning of Art. 74 Labor Code of the Russian Federation. The court came to this conclusion in the appeal ruling of the Krasnoyarsk Regional Court dated 02/02/2015 in case No. 33-797, A-9.

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

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

The employer proves:

• changes in working conditions as a basis for introducing NRT;
• the fact that the NRV does not violate the rights of the employee (clause 21 of the resolution of the plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004, determination of the Leningrad Regional Court dated February 3, 2010 in case No. 33-511/2010);
• an investigative connection between changes in payment and changes of a production nature to establish an NRT (appeal ruling of the Arkhangelsk Regional Court dated February 4, 2013 in case No. 33-0671/2013);
• the need to introduce technological and organizational changes is not included in the subject of proof in such disputes (appeal ruling of the Yaroslavl Regional Court dated July 19, 2012 in case No. 33-3711/2012).

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

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

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

The law does not specify clear requirements for the form of notification. However, it talks about what information is appropriate to include in a notice of an upcoming reduction in operating hours. This includes:

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

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

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

Employee rights during part-time work

An employee has the right to agree or disagree to work in the NRW regime. If he does not agree, he must be offered another position in writing. At the same time, the employer has the right to offer any vacancy: both with appropriate qualifications and with lower wages. When transferring to another position, the employee’s medical indications must be taken into account.

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

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

Thus, the Labor Code of the Russian Federation contains an exhaustive list of grounds for introducing a reduction in working hours. If the legal requirements for part-time work are not met, the employee has the right to challenge such a reduction in working time through the court, and the employer may face adverse consequences in the form of being held liable under the law.

1. The term “part-time working time”, used in Article 93 of the Labor Code of the Russian Federation, covers both part-time work and part-time work week.

With a part-time working day, the number of hours of work per day is reduced compared to what is established in the organization's 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 full measure of labor duration established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time working time is only a 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. Thus, part-time work is mandatory 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 work 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 as full-time workers. 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.

Part-time work is not noted in work books.

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 transferred with the written consent of the employee to part-time work are taken into account in proportion to the time worked when determining the average number of employees (see Instructions for filling out the federal statistical observation form N 1-T "Information on the number and wages of employees", approved by Rosstat Resolution No. 258 of October 13, 2008 // Questions of Statistics. 2009. No. 1).

How to set up part-time work?

On whose initiative can the working day be shortened?

How to pay for vacation to an employee on a short-time work schedule?

As you know, the Labor Code orders people to work no more than 40 hours a week. This duration is considered normal. For certain categories of workers this norm is slightly less. However, by agreement between the employees and the employer, the duration of work can be reduced even further. This happens if there is a need to establish a part-time working regime (Article 93 of the Labor Code of the Russian Federation). Moreover, both the working day and the working week can be incomplete.

With part-time work, it is possible to agree on almost any duration. You just need to draw up a few documents.

Shortened day

Part-time working hours reduce the length of time employees spend at work. Moreover, such a regime can be established both immediately upon hiring, and in the future, if it is the will of the parties to the employment contract.

With a part-time day, the number of working hours during the day is reduced (for example, four hours daily instead of eight). If an incomplete week is established, the number of days of work during which the employee must work the required 8 hours is reduced. A mixed option is also possible: several days a week for several hours. For example, three days of four hours, instead of five days of eight hours.

The initiative to introduce part-time work or a week can be taken by both an employee and an entrepreneur. Please note that such a request cannot be denied to a pregnant woman, parent of a child under 14 years of age, or caring for a sick family member. In addition, the employee will have to accommodate the employee in establishing part-time working hours even if he is on maternity leave. Moreover, this rule applies not only to the mother, but also to the child’s father, grandmother, grandfather and other relatives and guardians who actually care for the child (Article 256 of the Labor Code of the Russian Federation).

Part-time specialists are entitled to the same guarantees as others - days off, vacations, lunch breaks, etc.

Documentation if desired by the employee

If part-time work is established upon hiring, the condition for its duration must be fixed in the employment contract. The current employee will have to sign an additional agreement to the employment contract.

Registration of part-time work depends, first of all, on whose initiative it is: the employee or the individual entrepreneur.

If an employee wants to reduce their work hours, they need to write a corresponding application. There is no special form for it, but it must indicate:

– the desired length of the day or week;

– type of part-time work;

– the date from which the employee asks to change his work schedule.

If the employee has reasons why he cannot be denied this request, their confirmation must be attached to the application: a certificate of pregnancy, sick leave to care for a sick family member, etc.

If you have no objections, you can proceed to signing an additional agreement to the employment contract. It indicates the new working conditions and the date from which they begin to apply. Specify in the agreement the specific working hours: length of the working week, start and end times of the working day, breaks, etc.

The agreement is drawn up in two copies, signed by the employee and the employer, and then one copy is given to the employee against signature. An additional agreement to an employment contract may look, for example, as shown in sample 1.

Sample 1

Additional agreement to the employment contract on the establishment of part-time work

Based on the application and additional agreement to the employment contract, an order should be issued (sample 2). There is no unified form for an order to establish part-time work, so the entrepreneur is free to issue it independently. Indicate in it the date of establishment of part-time work, the duration of working hours and the specific mode of work of the employee. Part-time work can be established either for a certain period or indefinitely. If this regime is introduced temporarily (for example, for the summer), this period should be indicated in the order.

Sample 2

Order establishing part-time work

Documentation if desired by the entrepreneur

The situation is more complicated if the initiative to reduce working hours comes from the employer. In this case, the duration of this operating mode cannot exceed six months (Article 74 of the Labor Code of the Russian Federation). An entrepreneur can reduce the working hours of his staff if this is due to changes in organizational working conditions and production technology, which may lead to mass layoffs of workers.

When deciding to reduce working hours, first of all, you should issue an order. It indicates the reasons that caused the change in working conditions, the units in respect of which such a regime is introduced, and the period of its validity.

Employees must be notified in writing of the signing of this document. Please note that a reduction in working hours can be introduced no earlier than two months after the order is issued and employees are notified about it. Indicate in the notice that if the employee disagrees with the changes, he must report this in writing, and set an appropriate deadline for this.

Then everything depends on the decision of the workers. If they agree to reduce working hours, an additional agreement to the employment contract is signed. We have already told you how to compose it. If not, the employment contract is terminated (clause 2 of article 81 of the Labor Code of the Russian Federation). You will need to obtain written confirmation of the employee's decision (consent or refusal).

Information about transfer to part-time work is not entered either in the work book or in the employee’s personal card (Form No. T-2).

When establishing a part-time working schedule, the employer is obliged to notify the employment service about this in writing within three working days after making the corresponding decision (Clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment of the Population in the Russian Federation ").

Accounting and payment

As you know, working hours are recorded in a timesheet (form No. T-13). Filling out the timesheet depends on what type of part-time work is assigned to the staff.

In case of a part-time work week, days defined as non-working days are marked in the timesheet as weekends (letter “B”). Please note that you must attract an employee to work on such days in the manner established for attracting them to work on weekends, and pay them according to the rules for paying for weekends. When working part-time, the corresponding employees are shown the actual number of hours worked on the timesheet. If an entrepreneur intends to hire a part-time employee beyond its duration, this will be considered overtime work, which must be paid at one and a half or double times (Article 152 of the Labor Code of the Russian Federation).

When working part-time, remuneration is made in proportion to the time worked or depending on the amount of work performed. Let's give an example.

Example

Individual entrepreneur Kuznetsov V.A. established a part-time working schedule for the accounting department: for the chief accountant - a part-time work week with work on Monday, Wednesday and Friday, for the assistant accountant - part-time, 4 hours daily instead of 8. The chief accountant's salary is 30,000 rubles, the assistant's salary accountant - 15,000 rubles. Let's calculate their salary for June 2011. There are 21 working days in June.

Salary of the chief accountant = 30,000 rubles. / 21 w.d. x 12 r.d. = 17,142 rub. 86 kopecks

Salary of an assistant accountant = 15,000 rubles. x 4/8 = 7,500 rub.

Please note: the introduction of a part-time working regime does not entail a change in the staffing table in terms of the initially established salaries. Both in the staffing table and in employment contracts, salaries remain the same.

Vacation and sick leave

Providing leave to employees working part-time or weekly is carried out on a general basis. Their annual basic paid leave is set to the same duration as full-time employees: 28 calendar days or more than 28 calendar days if the law provides for extended leave.

In accordance with paragraph 12 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, when working part-time, the average daily earnings for vacation pay and compensation for unused vacation are calculated in the same way as for normal working hours. It does not matter that during the billing period the working hours were changed (letter of Rostrud dated July 28, 2008 No. 1730-6-0). That is, the average daily earnings for payment of vacations provided in calendar days and payment of compensation for unused vacation are calculated by dividing the amount of wages actually accrued for the billing period by 12 and by the average monthly number of calendar days (29.4).

Now a few words about sick leave.

In accordance with the provisions on their payment, approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375, when a part-time working schedule is established for a sick person, the average daily earnings are determined in the general manner: by dividing the amount of earnings accrued for the billing period by the number of calendar days falling during this period, with the exception of calendar days falling during periods not taken into account when calculating average earnings.

The days when the employee did not work part-time are counted in full. To determine the amount of benefits, the average daily earnings are multiplied by the number of calendar days of temporary disability to be paid. In this case, the mode of work - part-time work week or part-time work - does not matter for the calculation of benefits.

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

Part-time work may be provided for in an agreement between the employee and the employer. In this case, the employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14 years (a disabled child under the age of 18 years), as well as a person caring for a sick family member in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

The duration of part-time work for this category of workers is not limited to a minimum amount and in practice is established taking into account the wishes of the employee and the actual timing of his performance of a certain labor function during his work.

Under such working conditions, the employee is paid in proportion to the time worked. All social guarantees are retained for the employee. That is, he also has the right to annual paid leave, sick leave, etc.

A reduction in working hours can occur both at the initiative of the employer and at the initiative of the employee. On the part of the employer - in case of changes or reductions in the production process. On the part of other categories of employees - under any other conditions expressed in their applications that seem sufficiently significant to the employer.

Minimum amount of part-time work

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

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

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

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

If an employee refuses to continue working part-time (shift) and (or) part-time week, then the employment contract is terminated due to a reduction in staffing levels. In this case, the employee is provided with appropriate guarantees and compensation.

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

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

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

Too little part-time work: consequences

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

Failure to comply with the obligation to notify the employment authority may result in liability in the form of a fine:

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

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

A. Khon,
Chief Accountant of the NAEKO GMK group of companies

Expertise of the article:
B. Chizhov,
Deputy Head of the Office Management Department
Administration of the Federal Service for Labor and
Employment, State Councilor of the Russian Federation II class

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