Part-time work is an article of the labor code. Part-time, half-time work

One of the common methods of saving an organization’s financial resources is to transfer staff to a part-time work schedule and, as a result, reduce salary costs. This approach is more loyal than massive staff reductions. In the article we will look at how a transfer to part-time work is carried out at the initiative of the employee and the employer, what the procedure is and how to draw up an order.

Part-time service is one with a weekly duration of less than 40 hours. This issue is regulated by Convention No. 175 of June 24, 1994 and State Labor Committee Regulations No. 111/8-51 of April 29, 1980 (hereinafter referred to as the Regulations).

Transition to part-time work on the initiative of the employee

An employee can independently contact his manager to establish a part-time working period. The worker needs to write an application and obtain the consent of the director.

According to the Regulations, the incomplete schedule provides for three options:

1. Reducing the number of working hours on each day of the work week;
2. Reducing working days in a week while maintaining their normal duration;
3. A combination of points 1 and 2.

In his application, the employee indicates one of the above points, the length of the working day he needs, the length of the period and the date the new schedule is established.

According to the norms of Art. 93 of the Labor Code of the Russian Federation, the director is obliged to establish a part-time work schedule for the following employees:

• Pregnant;
• Parent (guardian) of a child under 14 years of age or a disabled child under 18 years of age;
• A person caring for a sick relative according to a medical report;
• Mother caring for a child under 1.5 years old.

The manager does not have the right to refuse the specified categories of persons. A negative decision can be challenged in court.

At the request of the employee, the director discusses with him the terms of the part-time schedule. The corresponding changes are formalized in an agreement to the contract. Make 2 copies of the document, sign it by both parties.

The laws of the Russian Federation do not provide for restrictions on the number of working hours with a part-time work schedule. It is necessary to distinguish part-time work from short-time work. Their main characteristics are reflected in the table.

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

An incomplete schedule can be entered when an applicant is hired or subsequently. In order not to reduce staff, which is a labor-intensive and expensive procedure, managers prefer to resort to part-time work. This does not require special expenses, but obliges you to adhere to legal norms.

The director may, on his own initiative, introduce a part-time work schedule in order to avoid mass layoffs of personnel in the following cases:

• Techniques and production technology have changed;
• Scientific research and design developments were introduced into production;
• There was a reorganization of the production structure;
• The profile of the company has changed;
• New methods of control, planning, and production management are used;
• Workplaces have been improved due to certification.

The manager must inform the union of his intention and take into account its opinion.

The director sends the trade union committee a draft order to introduce a new schedule. It indicates the period, type of part-time regime, categories of employees, and justification for their transfer. Within five days, the trade union committee prepares and submits a written response.

If agreement is not reached, the manager has the right to approve the order, and the trade union has the right to appeal to the labor inspectorate, court, or resort to a collective labor dispute according to the rules established by law.

The maximum period for applying the part-time work regime at the initiative of management is 6 months ( Part 5 Art. 74 Labor Code of the Russian Federation).

2 months before the order comes into force, the director is obliged to inform the staff in writing about the change in the labor regime and the reasons for this.

A citizen's work is paid in proportion to the time worked or work done. Consequently, the cost of paying wages is reduced.

Working on a part-time schedule is included in the length of service, does not affect the duration of the next vacation and does not cancel other labor guarantees.

Typical error. An incomplete schedule is not easy.

When introducing a part-time work week, some employers consider unworked days as downtime and pay for them.

Downtime is a forced suspension of the work of a company or its divisions for certain reasons. It is possible within working days and does not apply to weekends.

The transition to a part-time week means the appearance of additional days off. They are not paid.

Step-by-step instructions for registering part-time work at the initiative of the employee and the employer

If the desire to work part-time comes from an employee, the procedure for his transfer will be as follows:

Step 1. Acceptance of an application from the employee.

Step 2. Submitting an order.

Step 3. Drawing up an additional agreement.

When initiated by the director, the sequence of actions is as follows:

Step 1. Preparation of a draft order.

Step 2. Agreeing on the intention with the trade union.

Step 3. Familiarize staff with changes to the work schedule.

Step 4. Issuing an order to establish a partial regime.

Step 5. Notify the employment center.

The notification must be submitted in writing within three days from the date of the decision. Failure to fulfill this obligation is punishable by a fine. For a manager, its size is 300-500 rubles, for an organization - 3,000-5,000 rubles.

Step 6. Conclusion of an additional agreement to the employment contract.

Typical error. Failure to submit statistical reports.

When introducing part-time work, many managers forget to submit the relevant information to the statistical authorities: ⊕.

Organizations (except small businesses) with more than 15 employees are required to submit it. Data are submitted quarterly by the 8th day of the month following the reporting quarter.

Order to establish a new labor regime

When a part-time working regime is established for an employee, an order is issued. It does not have a standard form.

The document reflects the following data:

• The basis for the translation with reference to the article of the Labor Code of the Russian Federation;
• Type of graph;
• Duration of the working day and lunch break;
• Validity period of the innovation;
• Units (employees) to which the new regime applies;
• The procedure for calculating earnings;
• Payment methods.

Signatures are provided by the manager, chief accountant, HR specialist and employee.

If a partial schedule is established for an employee when applying for a job, this condition must be reflected in the employment order.

Features of the incomplete schedule are given in the table.

Payroll calculation for part-time work

In conditions of an incomplete schedule, wages are calculated taking into account the employee’s employment or the volume of tasks completed. The amount of compensation and incentive payments is reduced in proportion to the salary.

Example. Calculation of earnings for part-time work

Since October 1, 2016, employee of Vtorsyrye LLC A. S. Vaskin has been set a schedule: five days, 7 hours a day. On a normal schedule, he worked 40 hours a week. Vaskin took 2 days off at his own expense in October.

Previous and received data on accruals are reflected in the table.

In October, according to the usual schedule, there are 21 working days, respectively 168 hours (21 * 8). The employee worked 133 hours (19 * 7).

The bonus in a fixed amount is set based on the financial capabilities of the enterprise, and does not depend on the salary.

So, for October Vaskin received a salary in the amount of 34,062.50 rubles.

If a citizen works part-time, his earnings are calculated as follows:

Salary for an incomplete week = Salary / number of days on a full schedule * days worked.

Other additional payments are calculated based on the salary received.

Average earnings for accrual of vacation and compensation for unused benefits from social insurance funds are determined in the traditional manner (with t. 139 of the Labor Code, Resolution No. 922 of December 24, 2007, Resolution No. 375 of June 15, 2007).

Translation Features

The labor rights of persons working part-time are equal to the rights of other workers. For example, they are also entitled to a reduction of the pre-holiday working day by 1 hour, and are given days off to care for a disabled child.

According to clause 14 of the Regulations, the length of service that forms additional leave for a person on a part-time schedule includes days worked in hazardous conditions for at least 50% of the hours of the day of the standard schedule.

If the position of a person working on a part-time schedule belongs to a vacancy with an irregular day, then additional leave will be issued to him when working a part-time week with a full day. With other incomplete schedules, a person cannot work beyond the norm.

A mother (relative, guardian) caring for a child under 1.5 years old can work part-time or at home. She still receives social security benefits ( Part 3 Art. 256 Labor Code of the Russian Federation). Sick leave is accrued and paid according to generally accepted rules.

Questions and answers about switching to part-time work

Question No. 1. Should an employee have a lunch break if he works 4 hours a day?

An employee working a part-time schedule is entitled to the same rights as staff with a regular work schedule. He is entitled to a lunch break lasting from 0.5 to two hours, which does not count towards working time.

Question No. 2. Do part-time workers have the right to be on a part-time schedule?

The full working day of a part-time worker is 4 hours. The law does not establish a minimum number of hours that a person must work in a part-time job. The director may set a part-time worker a partial schedule when reorganizing the structure of production, changing its technical and technological components, or for other reasons, without violating the provisions of Art. 74 Labor Code of the Russian Federation.

Question No. 3. A seventeen-year-old boy works 35 hours a week. Is this regime considered incomplete for him?

For persons from 16 to 18 years of age, work activity cannot exceed 35 hours per week. For a young man, the time he works is of normal duration. His schedule is considered shortened rather than incomplete.

Question #4. What about those who refused to work part-time?

The explanation contains part 6 of Art. 74 of the Labor Code of the Russian Federation: workers are dismissed due to staff reduction ( clause 2 art. 81 Labor Code of the Russian Federation).

Question No. 5. Due to the threat of large-scale layoffs, the organization has introduced a part-time working week. The six-month period expires. When can a similar schedule be introduced again, but not for all, but for some employees?

You can enter an incomplete schedule again at any time, but 2 months must pass from the moment employees familiarize themselves with the relevant order. In addition, the consent of the staff for the next transfer is required.

The reason for introducing an incomplete schedule can be indicated by referring to paragraph 1 of Art. 74 Labor Code of the Russian Federation. For example, the introduction of modern technology. It must have documentary evidence (waybills, contracts, invoices, memos from heads of structural units, etc.).

One-click call

For an employee, working part-time at the initiative of the employer means that the company may have a reduction in staff. Many people prefer to quit on their own and look for a new place, while for others, a change in work schedule is only a temporary phenomenon.

Part-time work

Working time is the time that staff spends on performing professional duties. Its duration at the enterprise is established according to production needs and is fixed by local acts.

However, the Labor Code of the Russian Federation does not explain part-time work, so if necessary, you should refer to other regulations. Such a document is the Convention of the International Labor Organization. It says that part-time work is a period whose duration is less than the previously established norm.

When introducing part-time work, one of the following modes can be used:

• reduction of working hours;
• reduction of the working week;
• shortened shifts with shortened weeks.

There are several categories of workers who can work part-time or a week. This is considered a full standard of work. We are talking about minors, disabled people, pregnant women, etc.

Salary

When working part-time, the income of subordinates decreases. The payment system does not play any role, since wages are paid according to hours worked or output. This reduction does not provide for any other restrictions.

For example, an employee who is set to work part-time at the initiative of his employer is entitled to the same amount of annual leave as if he were working full time. There are also no changes to the calculation of seniority. Average earnings with reduced working hours are always calculated on a general basis.

Employer initiative

Management may need to establish part-time work for various reasons. Most often this is due to economic problems in the company, when the employer chooses to reduce working hours or fire part of the staff. The manager has the right to transfer subordinates to another work regime. The maximum period for such a change is 6 months.

Since the introduction of a shortened working day is a change in the terms of the employment agreement, it is necessary to adhere to the rules. The manager's actions must not violate the rights of personnel or worsen the situation of employees. An example is the fact that when wages are reduced, they should not be less than the minimum wage.

Read also Who is eligible for reduced working hours?

Decor

After the director has decided to reduce working hours, he needs to formalize everything correctly. To do this, he issues an order. Before drawing up the document, you should develop a labor and wage payment regime. The order on part-time work includes:

• name of company;
• date of compilation;
• grounds for switching to part-time work on the employer’s own initiative;
• shortened working hours;
• operating mode that the manager considers acceptable;
• additional instructions to the accounting and human resources departments.

An order for transfer to part-time work on the initiative of the boss is signed not only by him, but also by the chief accountant, head of the personnel department, etc. A sample order can be found on the Internet. The law does not establish the form of the order, so it can be anything. The main thing is to use a company form with the necessary details.

Next, the employer issues notices of transfer to part-time work. The notification must be issued no later than 2 months before the reduction in working hours. The boss is required to prepare and send the document to each employee individually.

Help: if the dispatch deadline is violated, the subordinate can obtain the cancellation of the order to transfer to part-time work. There are many similar cases in modern judicial practice.

The notice indicates the reasons for reducing the working day, deadlines, new work schedule, etc. The employer must indicate that if the person refuses to work in this mode, the contract with him is subject to termination. Each employee gets acquainted with the notice against signature, and the refusal is issued in accordance with the established procedure.

The Labor Code of the Russian Federation states that if a person refuses to work under changed conditions, an employment agreement is terminated automatically. But the employer has the right to independently decide on the dismissal of such a subordinate, so he can keep him in his position under the same conditions.

As for the additional agreement, there are no instructions on the need to formalize it in the regulations. But since the working conditions specified in the document change, it is advisable to further consolidate their changes.

To do this, the manager can conclude an additional agreement with each employee. agreement. In addition to information about the new operating mode, the document must contain the details of the parties. Signing it means that the employee agrees to continue working.

If the introduction of part-time work does not need to be canceled in advance, then the manager is not required to draw up an additional local act. As for the timing, there are a number of nuances. For example, a new regime can only be established for six months. If the initial period was less than 6 months, then after its expiration management may extend the period to a maximum.

Read also Working hours for minors

The employer has no right to exceed this limit. This also applies to cases where the employer transfers staff to a normal work schedule, and after 1-2 months reintroduces restrictions, which is illegal. However, specific break periods between these periods are not specified in the regulations.

In practice, this is permitted if the reasons for introducing a new work schedule are different and the interval between periods exceeds several months. Let’s say that the first time the employer reduces working hours due to the reorganization of production, and the second time due to changes in the technological process. Changes must be made officially, and management can confirm this with documents.

Union participation

The union's opinion on this matter is necessary if company management introduces shortened schedules in order to prevent mass layoffs of personnel. Then the director, before reducing the number of days or hours, is obliged to send a draft regulatory document to the trade union.

Trade union employees must study the submitted papers and provide the sender with their informed opinion within 5 days of receiving them. If the trade union body does not agree with any points of the local act, it can propose changes to management. The employer makes a decision to change the document within 3 days.

If it is not possible to reach an agreement, the contradictions are formalized using a protocol. After this, the company's management can adopt a regulatory act and introduce changes to the operating mode on its own terms. But in this case, you should be prepared for the fact that the trade union will want to challenge the employer’s decision in court or the labor inspectorate. If the dispute is decided not in favor of the initiator, he will have to cancel the innovation.

Employment service warning

When an enterprise introduces shortened working hours, management must notify the employment service. This rule has been mandatory since 2009. The deadline is also set - 3 days from the moment the decision to make the reduction is made.

The employer draws up a notice, the unified form of which does not exist. Each director draws it up in any form, indicating the following points:

• start and end dates of the part-time period;
• the reasons why the organization needs to reduce the number of hours;
• the number of subordinates forced to work according to the new rules.

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

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

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

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

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

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

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

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

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

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

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

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

The application of these employees for the opportunity to perform their duties on a part-time basis is accompanied by: a child’s birth certificate; document confirming relationship (for parents) (for example, adoption certificate); a document confirming the right to exercise guardianship or guardianship; documents confirming that the child has a disability.

In this case, wages are also paid to employees in proportion to the time worked by the employee;
- in relation to employees who, due to existing family and life circumstances, are caring for a sick family member. In this case, the specified category of employees must attach to a written application and submit to the employer documents confirming that their family member needs constant care in accordance with a medical report. The procedure for issuing the relevant medical report is established by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n “On approval of the Procedure for issuing certificates and medical reports by medical organizations.”

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

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

In addition, it is prohibited to limit the length of service, as well as any other labor rights for employees performing their job duties on a part-time basis.

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

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

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

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

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

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

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

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

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

The following categories of people can sign an agreement to reduce working days:

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

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

Who can work part-time?

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

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

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

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

Reasons that may influence the decision to change working conditions for employees from full-time to reduced-time include: mass layoffs. The manager changes the work process to a reduced number of days only taking into account a compelling reason.

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

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

The process of changing the operating time mode includes:

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

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

Changing the working mode at the initiative of the employee

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

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

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

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

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

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

Its design includes:

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

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

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

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

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

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 the manner 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.

Comments to Art. 93 Labor Code of the Russian Federation

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

Part-time workers enjoy the same labor rights as workers with regular working hours.

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

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

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

Part-time working hours are established for part-time work, as well as in cases where the organization’s staffing schedule provides for a partial wage rate.

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

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

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

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

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