Establishment of part-time working hours. Part-time labor code. Transition to part-time work at the initiative of the employer
Introduction of shortened working hours*This material is older three years. You can check with the author the degree of its relevance.
Introduction of shortened working hours
The Labor Code of the Russian Federation provides for the right of the employer to introduce a part-time and (or) part-time working week at the enterprise.
IN modern conditions economic crisis, the natural desire of employers is to reduce the wage fund.
The Labor Code of the Russian Federation provides for the right of an employer to certain cases introduce a part-time working day (shift) and (or) part-time working week at the enterprise (Article 74 of the Labor Code of the Russian Federation). When such a regime is introduced, wages are paid in proportion to the time worked, i.e. the salary is proportionally reduced (Article 155 of the Labor Code of the Russian Federation), which allows reducing labor costs.
Meanwhile, the Labor Code of the Russian Federation does not allow unreasonable actions by employers aimed at limiting the rights of employees. Therefore, the law establishes strict rules, subject to which the employer’s right to such savings in the wage fund can be exercised.
Conditions for introducing a shortened working day (week) regime
The introduction of a reduced working time regime is possible if the following conditions are simultaneously met:
1. Legally, the introduction of a part-time or week-long work schedule is a unilateral (at the employer’s initiative) change in conditions employment contract. The law allows such a change only for reasons that are related to changes in organizational or technological working conditions that do not allow maintaining the previous terms of the employment contract.
Thus, the first condition for introducing a regime is changes in working conditions, which should not be associated only with a reduction in funding. This should be, for example, the liquidation of a division (department) or the cessation of the use of one or more production lines. In the event of a legal dispute, the employer will have to prove not only the fact of organizational or technical changes that have occurred, but also that in the changed conditions it was impossible to maintain the previous terms of the employment contract.
2. The transfer of workers to short-time working hours is permissible only if such a transfer will avoid mass layoffs of workers. From the position of the legislator, the purpose of introducing a regime of reduced working hours is to preserve jobs.
If production or technical changes at the enterprise do not entail mass layoffs, but the dismissal of only a few workers, the introduction of part-time work may be considered illegal.
The criteria for mass participation are established by the “Regulations on the organization of work to promote employment in conditions of mass layoffs”, approved by Government Decree No. 99 of 02/05/1993.
The main criteria for mass layoffs are the indicators of the number of workers being dismissed due to the liquidation of enterprises, institutions, organizations or a reduction in the number or staff of workers for a certain calendar period.
These include:
- liquidation of an enterprise of any organizational and legal form with 15 or more employees;
- reduction in the number or staff of the enterprise in the following quantities:
50 or more people within 30 calendar days;
200 or more people within 60 calendar days;
500 or more people within 90 calendar days; - dismissal of employees in the amount of 1% total number working in connection with the liquidation of enterprises or reduction of personnel or staff within 30 calendar days in regions with a total number of employees of less than 5 thousand people.
As you can see, the established mass scale criteria are not applicable to small enterprises in which the number of employees is less than the indicated figures. Therefore, strictly speaking, the latter cannot exercise the right to transfer employees to reduced working hours (there is no mass dismissal).
But it is obvious that when the Labor Code of the Russian Federation was adopted, this norm was included to prevent the release of a large number of workers from the labor market at once. In modern realities, in practice, the issue can be resolved differently: since transfer to short-time working hours is more preferable than dismissal due to staff reduction, taking into account mass criteria may be considered discrimination in the world of labor and an infringement of the rights of employees of small enterprises. In this regard, when making a decision to introduce a regime of reduced working hours in small enterprises, the mass criterion should be taken into account, in my opinion, taking into account the specifics of the enterprise, i.e. based on the number of employees of a particular enterprise. The employer's decision and its rationale must be documented.
The law sets a maximum period for which part-time work can be introduced - 6 months. The employer's order establishes the specific duration of the reduced working time regime, but not more than the maximum period. After the expiration of the established period, employees must be transferred to their previous work schedule.
The procedure for introducing a shortened working day or week
To ensure that the employer’s actions to introduce a regime of reduced working hours are not subsequently recognized as illegal, it is necessary to perform the following algorithm of actions:
1. The employer must carry out and formalize measures to change organizational or technological working conditions (reduction of production, termination of a unit, etc.).
2. The employer determines whether a given case falls under the criterion of mass occurrence and documents this decision.
3. The employer must notify all employees of the upcoming reduction of the day or week against signature. The notification may take the form of a local act (order) common to all, containing the reason for changing the terms of the employment contract and the date from which these changes will be introduced.
4. Also, the employer must notify the Labor and Employment Inspectorate of a constituent entity of the Russian Federation (region, territory, etc.), the employment service of his district, 2 months before the introduction of the regime in question. The notification must indicate the number of persons transferred to the new regime, a list of professions of persons, and the reason for the transfer.
5. After 2 months from the date of official notification of the upcoming transition to a regime of reduced working hours, the employer introduces this regime by order and again familiarizes employees with the order against signature.
If employees refuse to continue working under conditions of reduced working hours, the employment contract with them is terminated according to clause 2, part 1, article 81 of the Labor Code of the Russian Federation, i.e. according to the rules for reducing the staff or number of employees of the organization. In this case, the employee is provided with all the guarantees and compensation provided for in Articles 178, 180 of the Labor Code of the Russian Federation:
- severance pay in the amount of average monthly earnings,
- maintaining the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay);
- in exceptional cases, the average monthly salary is maintained for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after dismissal the employee applied to this body and was not employed by it.
New edition of Art. 93 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 an incomplete work time(part-time work (shift) and (or) part-time work 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 certificate issued in accordance with the procedure established federal laws and other regulatory legal acts 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 in work, is set in accordance with the wishes of the employee, taking into account the production (work) conditions of this 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 length of service and other labor rights.
Commentary on Article 93 of the Labor Code of the Russian Federation
Part-time working hours are always less in duration than normal or reduced working hours. The term “part-time work” itself covers both part-time and part-time work. This type of working time is established by agreement between the employee and the employer, both upon hiring and subsequently. In addition, the employer (including an individual) is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14 (a disabled child under the age of 18) ), as well as a person caring for a sick family member in accordance with a medical report (clause 1 of Article 93 of the Labor Code of the Russian Federation).
In many ways, the regime of part-time work is still regulated by union acts of law (to the extent that does not contradict the Labor Code of the Russian Federation) and, in particular, by the Regulations on the procedure and conditions for the use of labor for women who have children and work part-time" dated 29 April 1980 N 111/8-51 It is established that when hiring a part-time job, an entry about this in work book is not carried out (clause 3 of the Regulations).
Both the working day and the working week can be part-time. Moreover, neither a minimum nor a maximum is established in the current legislation. According to the Regulations on the procedure and conditions for the use of labor for women with children and working part-time, part-time work was established, as a rule, at least 4 hours and no more than 20, 24 hours with a five-, six-day working week.
When working part-time, an employee works fewer hours than established by the routine or schedule at a given enterprise for a given category of workers, for example, instead of eight hours, four hours.
With a part-time working week, the number of working days is reduced compared to a five-day or six-day week.
Part-time work may consist of simultaneously reducing the working day and working week.
A part-time working regime can also be used, when daily work is divided into parts (for example, morning and evening mail delivery to the company’s office, etc.).
Part-time working hours can be established by agreement of the parties either without a time limit or for any period convenient for the employee mentioned in Article 93 of the Labor Code of the Russian Federation: for example, for the period of the child’s school year, for the period until he reaches 10 years, etc. . (Clause 4 of the Regulations).
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. Thus, a transition to part-time work is possible due to changes in organizational or technical specifications labor, taking into account the opinion of the elected trade union body of this organization for a period of no more than six months. In cases where part-time work is introduced at an enterprise for all or individual employees on the initiative of the administration, the following rules must be observed:
1) as follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any essential terms of the employment contract can be changed, except for the labor function, i.e. the position (specialty) of the employee provided for in the employment contract, and the range of duties performed by him;
2) the employer must notify employees about the introduction of changes in writing no later than two months before their introduction (for employers - individuals a different period has been established - at least 14 calendar days (Article 306 of the Labor Code of the Russian Federation)).
Since the legislation does not establish the form of notification, it can therefore be arbitrary. The main thing is that the text allows you to establish what the employee was notified about and when. The notification must bear the personal signature of the employee;
3) if the employee does not agree to work under the new conditions, the employer is obliged to offer him another job available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant position. lower position or lower paid work (also suitable for the employee’s qualifications and state of health).
In case of disagreement with the new working conditions, employees have the right to terminate the employment agreement (contract) on the grounds provided for in paragraph 7 of Article 77 of the Labor Code of the Russian Federation (the employee’s refusal to continue work in connection with a change in essential working conditions), the employment contract with him is terminated with the provision to the employee of the corresponding guarantees and compensations. Moreover, the employee has the right to express his disagreement and resign on this basis only until the introduction of a part-time working regime (for this purpose, the rule of a 2-month warning period has been established). If an employee changes his decision after the introduction of this regime, he can resign only by at will.
Cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the organization’s employees. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any duration restrictions for workers annual leave, calculation of length of service and other labor rights.
Part-time work does not entail a reduction in the duration of annual and educational leave; the work time is counted in the length of service as full working time; bonuses for work performed are awarded on a general basis; Weekends and holidays are provided in accordance with labor legislation. However, payment for part-time work is made in proportion to the time worked or depending on output. Part-time working is one of the essential conditions of an employment contract.
Another comment on 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 working time established by the employer. If an employee, in accordance with the law (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, working time of a shorter duration will be considered incomplete compared to the corresponding standard of reduced working time.
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, and working hours can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work can be established both upon hiring and subsequently.
3. Part 1 art. 93 of the Labor Code of the Russian Federation defines the circle of persons whose requirement to establish part-time work is mandatory for the employer (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), as well as a person 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).
4. The use of part-time work leads, as a rule, to an increase in production efficiency and makes it possible to increase employment by using one workplace by two part-time workers, forming second shifts with part-time workers, etc.
5. 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. On the procedure for introducing part-time work at the initiative of the employer, see Part 5 of Art. 74 of the Labor Code of the Russian Federation and commentary to it.
- Up
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 when signing the contract when applying for a job 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, 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. Important condition- 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 career. labor activity and can be documented not only at the time of employment, but also at any other time, with supporting documents attached (certificate of pregnancy, doctor’s report, 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 minimum size salaries, 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.
For payment sick leave, benefits for pregnancy and childbirth, 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
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 Labor Code of the Russian Federation according to family circumstances and other valid reasons, an employee may, upon his written application, be granted leave without pay wages, 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 a 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 a 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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Transferring employees to part-time work is a measure necessary to save money for the enterprise. As a rule, it is relevant in times of financial crisis. If there is a lack of economic resources, the employer has two options for solving the problem: either reducing staff, or shortening the working week and commensurately reducing spending on salaries. The latter measure is preferable.
According to Convention No. 175 and State Labor Committee Regulation No. 111/8-51, a week is considered incomplete if its duration is less than 40 hours. Transfer to a part-time week at the initiative of the employee and at the initiative of the employer are procedures that differ significantly from each other.
Transition to a new regime on the initiative of workers
An employee has the right to ask the employer to reduce the working hours. To do this, you need to send a corresponding application to the director. The transition to a part-time week can be done in three ways:
- Reducing the duration of each working day.
- Reducing the number of shifts per week while maintaining the length of the working day.
- A combination of these options.
In the application, the employee must indicate which particular scheme for reducing the regime is preferable for him. You also need to provide the following information:
- Preferred shift duration.
- Duration of the new regime.
- Date of introduction of the schedule.
Article 93 of the Labor Code of the Russian Federation provides a list of employees whom the employer cannot refuse to transfer to a part-time week:
- Pregnant women.
- Parents of a child under 14 years of age or under 18 years of age if he has a disability.
- A person who is caring for a relative with a serious illness.
- Parents of a child under 1.5 years old.
If the employer refuses to reduce work for these categories of employees, they can challenge this decision in a judicial body. After the manager has received the application, he should discuss the future work schedule with the employee. Based on the results of the agreement, an agreement is drawn up and attached to the employment contract. The agreement must be executed in two copies. Each of them is signed by the employee and the employer.
NOTE! There are no restrictions in legislation regarding shortening the working week.
Transfer to part-time work at the initiative of the employer
A partial week can be introduced either when an employee is hired, or if there is already a specialist on staff. The introduction of the schedule in question is quite convenient for the employer. This is a more preferable option regarding staff reduction. When carrying out the procedure, it is required to be based on current regulations.
It makes sense to introduce a part-time working week in the following cases:
- New equipment was put into operation at the enterprise.
- Various developments have been introduced, including as a result of scientific research.
- Reorganization has been carried out.
- The company has changed its profile.
- New methods of control and planning were introduced.
- Production management has changed.
- Workplaces were improved after certification.
IMPORTANT! Do not confuse the concepts of “shortened” and “partial” weeks. Reduced working hours - 36 hours per week instead of 40 (24 for minor employees) - provided for special working conditions or special categories of workers. And incomplete work can be arbitrary and is established by agreement, both during employment and later.
When introducing a new schedule, the employer must coordinate its initiative with the trade union. To do this, you need to draw up an appropriate draft order. The document contains the following information:
- Deadline for introducing the new schedule.
- Form of regime (reduction of hours or days).
- Employees for whom the schedule is being introduced.
- Reasons for innovation.
Within five days, the union must prepare a response in writing. The employer must listen to the opinion of the institution. However, he has the right to go against the union. But it must be ensured that trade union employees have the right to appeal to the labor inspectorate or judicial authority.
IMPORTANT! Part-time working week is introduced for a limited period. The maximum period is six months, as established by Part 5 of Article 74 of the Labor Code of the Russian Federation.
When approving a new schedule, you need to keep the following rules in mind:
- Employees must receive appropriate notifications 2 months before the introduction of the new schedule.
- Payment is made in proportion to working hours. That is, the company reduces the cost of paying salaries.
- Work on a reduced schedule is included in the length of service.
- Such work does not affect the duration of the vacation or the provision of other guarantees.
Switching to a part-time week usually means another day off. These days will not be paid.
- The reduced working hours schedule is not reflected in the work book.
- Such employees receive sick leave, maternity leave, vacation pay and other payments in full, without reductions.
- It is not necessary to issue an order to change the staffing table.
- It is possible to hire another part-time employee with the same part-time work schedule, or you can arrange a combination with another employee.
In addition, with a part-time work week, employees lose the right to a “short” day before a holiday or day off.
What if the employees don’t want to?
Hired personnel have the right to disagree with the employer's demands. No one can force a person to work on a different schedule if he does not want to. However, the legislation does not require management to take into account the will and seek the consent of employees to introduce a part-time work week, but only to notify them in advance. What response options does an employee have who is categorically not satisfied with such a schedule?
- Leave work at your own request or by agreement of the parties.
- Be fired due to a reduction in headcount or staff (at the initiative of the employer).
The procedure for transferring to an incomplete week
Let's consider the procedure for establishing innovations at the initiative of an employee:
- Receiving a statement from an employee.
- Drawing up an order for an incomplete schedule.
- Drawing up a supporting agreement with relevant information, which is attached to the employment contract.
The procedure for approving the schedule at the will of the employer:
- Drawing up a draft order.
- Submitting the project to the trade union.
- Employees are notified of schedule changes.
- Issuance of the corresponding order.
- Sending a notification of a change in schedule to the employment center.
Notification to the employment center must be sent within three days from the date of approval of the decision. If the employer fails to do this, he is subject to liability in the form of a fine. The manager will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. Changed data must also be sent to the statistical authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics agency by the 8th day of the month following the reporting quarter.
Features of drawing up an order to approve an incomplete week
When introducing an incomplete week, an order must be issued. It is compiled in free form, but it is necessary to reflect the following information:
- Reasons for innovation.
- Shape of the schedule.
- Length of the working day.
- Length of lunch break.
- Expiration date of the schedule.
- Composition of employees or departments for which a partial week is introduced.
- Features of calculating earnings.
- Forms of payment of funds.
The order must be signed by all key persons of the company: the manager, the chief accountant, the HR manager, the employee for whom the schedule is being introduced.
IMPORTANT! If the schedule is introduced in relation to a specialist who gets a job in a company, this must be recorded in the order for hiring the employee.
What should not be done when introducing a part-time working week?
The new schedule must comply with the law. The employer must keep in mind the following prohibitions:
- Introduction of an incomplete week for a period exceeding 6 months.
- Application of the schedule: rest for a week, work for a week.
- Introduction of a “floating” schedule. A “floating” schedule means an unequal number of hours per week.
The employer is not recommended to contradict the opinion of the trade union. This can be done, but disagreements are fraught with trial or inspection by the labor inspectorate. The manager must keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.
Legislative innovations regarding part-time work
In 2017-2018, some changes were made to the laws regulating working hours, including part-time work.
- From June 26, 2017, it is possible to establish not only a part-time shift or a part-time working week, but also to reduce the daily length of the working day (Article 93 of the Labor Code of the Russian Federation).
- The law allowed the employer not to arrange lunch breaks if his staff works on a reduced schedule with working hours of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).
The normal length of the working week should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). During the week, working time must be distributed so that its total duration does not exceed this limit. The most common option is an eight-hour working day with a five-day working week (weekends are Saturday and Sunday).
The working time regime in force in the organization must be enshrined in the Labor Regulations and labor (collective) agreements (Article 91 of the Labor Code of the Russian Federation).
Part-time mode
In addition to normal working hours, labor legislation provides for part-time working hours. Part-time work means part-time employment of an employee either during the week or during the working day (shift). For example, not five working days, but four, or not eight hours a day (per shift), but six.
Short working hours
Labor legislation provides reduced working hours . It is established for certain categories of employees and is counted as a full labor standard (Article 92 of the Labor Code of the Russian Federation). If we are talking about a part-time working week, all non-working days in this case are reflected as weekends (Article 93 of the Labor Code of the Russian Federation).
Partial schedule at the request of the employee
An organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.
In some cases, the organization is obliged to establish such a regime for an employee. This must be done as requested:
- pregnant woman;
- one of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);
- an employee who cares for a sick family member in accordance with a medical report.
This procedure is provided for in Article 93 of the Labor Code of the Russian Federation.
The current legislation does not provide for a specific duration of working hours with a part-time schedule. Set a work schedule by agreement with the employee. This follows from Article 93 of the Labor Code of the Russian Federation.
Partial schedule at the initiative of the organization
An organization may introduce part-time work on its own initiative (taking into account the opinion of a trade union, if there is one in the organization). This is allowed during the period of organizational and technical measures that entail significant changes in working conditions. If such changes could lead to mass layoffs, the administration has the right to establish a part-time working regime for up to six months. This restriction is provided for in Part 5 of Article 74 of the Labor Code of the Russian Federation.
Employee Notification
When introducing a part-time working regime, the organization must notify employees in writing about the upcoming changes two months before they are carried out (with mandatory familiarization with a signature) (Part 2 of Article 74 of the Labor Code of the Russian Federation). An employee’s consent or disagreement to work part-time can, for example, be stated in the notification itself.
Dismissal of an employee
If an employee refuses to work part-time, he can be dismissed only in the manner provided for in paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation (reduction in number or staff) (Part 6 of Article 74 of the Labor Code of the Russian Federation). In this case, he needs to be paid severance pay and average monthly earnings for the period of employment (Article 178 of the Labor Code of the Russian Federation).
Attention: If employees prove that part-time work was introduced in the absence of significant changes in the organizational and technological working conditions in the organization, such actions of the administration may be declared illegal by the court. In this case, the organization may be required to restore the employee’s previous working conditions. This conclusion follows from the provisions of paragraph 21 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2.
Documenting
Part-time working hours may be provided for in an employment contract or established by order of the manager. In the latter case, if for an employee this regime differs from the general one in force in the organization, this fact must be reflected in the employment contract (Article 57 of the Labor Code of the Russian Federation). To do this, enter into an additional agreement with the employee to the employment contract on changing the working hours (Article 72 of the Labor Code of the Russian Federation). In addition, it may be necessary to make changes to the internal documents of the organization (for example, to the annex to the collective agreement) if they establish a list of employees for whom part-time working hours apply.
Salary
An employee who is assigned part-time working hours works less than others. His work is paid in proportion to the established time (for example, half the daily rate), or depending on output. At the same time, the duration of annual paid leave is not reduced, the procedure for calculating length of service does not change, and other rights of the employee are not limited.
This procedure is established by Article 93 of the Labor Code of the Russian Federation.
The organization has a five-day work week.
Chief accountant of the organization A.S. Glebova wrote a statement asking for a part-time work week – from Monday to Thursday.
To amend the employment contract, an additional agreement was drawn up. Based on the signed agreement, the head of the organization issued an order to establish a part-time working regime from April 2016.
Glebova’s monthly salary for a full work week is 21,000 rubles.
So that Glebova, the organization’s accountant responsible for calculating wages, determines that there are 21 working days in April 2016. In addition to the generally established holidays, this month the employee did not work for 5 days (April 1, 8, 15, 22, 29).
Thus, in fact, in April 2016, Glebova worked:
21 days – 5 days = 16 days
The salary due to her for April is:
21,000 rub. : 21 days × 16 days = 16,000 rub.
Employment service notification
The employment service must be notified of the establishment of a part-time working regime in an organization at the initiative of the employer. This must be done within three working days after the decision is made. Such requirements are established in paragraph 2 of paragraph 2 of Article 25 of the Law of April 19, 1991 No. 1032-1 and explained in the letter of Rostrud of May 17, 2011 No. 1329-6-1.
There is no unified form of notification, so make it in any form.
Situation: is it necessary to notify the employment service about the establishment of a part-time working regime for only one employee?
The answer to this question depends on whose initiative the employee is given a part-time working schedule.
If a special regime is established by agreement between the employee and the employer on the basis of Part 1 of Article 93 of the Labor Code of the Russian Federation, then it is not necessary to send a corresponding notification to the employment service.
If an organization introduces a part-time working regime on its own initiative in the manner prescribed by Part 5 of Article 74 of the Labor Code of the Russian Federation, then it is obliged to notify the employment service about this (paragraph 2 of paragraph 2 of Article 25 of the Law of April 19, 1991 No. 1032- 1). This obligation remains even if a special regime is introduced in relation to one employee.
Similar explanations are contained in the letter of Rostrud dated May 17, 2011 No. 1329-6-1.
Early cancellation of the regime
Cancellation of the part-time regime earlier than the period for which it was established must be done taking into account the opinion of the trade union - if there is one in the organization (Part 7 of Article 74 of the Labor Code of the Russian Federation).
Situation: is it possible to re-establish part-time work for an employee(s)?
The legislation does not contain a clear answer to this question.
Part-time working hours can be introduced in an organization:
- by agreement between the employee and the administration (for example, in case of severe financial situation organization or marital status of the employee);
- without fail (for example, at the request of a pregnant employee);
- at the initiative of the organization (taking into account the opinion of the trade union, if there is one in the organization) in the event of a significant change in organizational and technological working conditions, which could lead to mass layoffs.
This follows from the provisions of Articles 93 and 74 of the Labor Code of the Russian Federation.
In the first case, part-time work can be established either for a certain period or indefinitely. The legislation does not contain restrictions on the resumption of part-time work by agreement of the parties to the employment contract.
In the second case, a part-time working regime, as a rule, is established until the reasons that caused its introduction are eliminated (disappeared). In this case, the part-time working regime must be reintroduced to the employee on his initiative in the event of such circumstances reoccurring.
This procedure follows from the provisions of Article 93 of the Labor Code of the Russian Federation.
In the latter case, part-time work can be established only for a period of up to six months with mandatory notification of the employment service (part 5 of article 74 of the Labor Code of the Russian Federation, paragraph 2 of paragraph 2 of article 25 of the Law of April 19, 1991 No. 1032-1 ). The organization carries out such actions on its own initiative in order to preserve jobs. Therefore, the legislation does not contain restrictions on the re-introduction of such measures. If circumstances lead to a change in working conditions again, the organization has the right to resume these measures in the general manner (after the expiration of the previous period of validity of the part-time regime and subject to the deadline for notifying employees about a new change in working conditions). For example, the organization introduced a part-time working regime from February 1, 2016 for four months. This regime can be reintroduced no earlier than August 2, 2016.
