Short-time work is a special form of employment in which an employee has the opportunity to work part-time, that is, less time than expected. labor legislation. In this case, the subject’s salary will be calculated on the basis of the full salary, even under the condition of a reduced schedule. Thus, the Labor Code of the Russian Federation does not provide for a definition of a shortened working day. This concept is given in the International Labor Convention No. 175 of June 24, 1994. At the same time, the Russian Federation has not ratified this legal act. However, the provisions of the convention are considered by Russian employers as recommended for use.

Definition of shortened working hours

Various types of working time are regulated by the following articles of the labor code:

• standard schedule, eight-hour shift - st. 91 Labor Code of the Russian Federation;
• reduced working hours - Art. 92 Labor Code of the Russian Federation;
• - Art. 93 Labor Code of the Russian Federation;
• shortened work shift before holidays- Art. 95 Labor Code of the Russian Federation;
• overtime hours - art. 97 Labor Code of the Russian Federation.

It is important to understand the differences between part-time and short-time work, which is only available to certain categories of employees. Based on Art. 93 of the Labor Code of the Russian Federation, by agreement of both parties to the employment contract, the working day can be shortened. The code also provides several options for organizing work activities in a reduced time mode:

1. Reducing working hours every day of the week.
2. Reducing the number of working days, while maintaining the same duration of the work shift.
3. Reducing the number of hours for carrying out job duties by a certain percentage (which percentage is determined by the employer), as well as reducing the number of working days per week.

Reduced amount of working time based on Art. 92 of the Labor Code of the Russian Federation is the norm for certain groups of citizens.

Differences between shortened working hours and part-time work shifts

For employees of the accounting or human resources department, there is a significant difference between the concepts. Thus, a shortened working day is considered to be such a frequency of work, in accordance with which the salary is fixed in full, but the number of working hours is reduced.

Reduce level wages with officially reduced working hours it is impossible, since such an action is illegal.

In the case of part-time work, payment is calculated based on the standard work schedule, but payments are made based on the time actually worked. So, with incomplete working day the employee does not have the right to expect to receive a full salary.

Categories of employees who are granted reduced working hours

Based on Art. 92 of the Labor Code of the Russian Federation, the groups of persons for whom a shortened day is the norm are as follows:

• the working time of minor employees under 16 years of age is reduced to 24 hours a week;
• for persons from 16 to 18 years old there is a limit of 35 hours per week;
• disabled people of groups 1 and 2 have the right to work a maximum of 35 hours a week;
• employees performing their job responsibilities in harmful and/or dangerous conditions, work a maximum of 36 hours per week.

Harmful conditions, according to the results of an expert assessment, should be rated at 3 or 4 degrees.

Also, on the basis of Art. 93 Labor Code of the Russian Federation, temporarily incomplete work time The employer may provide such subordinates with:

• women expecting a child;
• one of the parents (or guardian/trustee) who is caring for a child under 14 years of age;
• a person caring for a disabled minor;
• a person caring for a seriously ill relative under a medical prescription.

The part-time work schedule is fixed for a specific period (determined by the employer by agreement with the subordinate), while the reduced work schedule (based on Article 92 of the Labor Code of the Russian Federation) is permanent.

Shortened working hours for pregnant women

In fact, part-time work is issued for pregnant women, the regime of which will be canceled when the woman returns from maternity leave to the standard performance of her work duties. In addition, the pregnant employee will not be paid in full, as is typical for a shortened working day, but will be calculated based on the time actually worked in accordance with the definition of part-time work.

However, in practice, such work continues to be called “shortened,” which is not correct. Labor legislation protects expectant mothers on the basis of Art. 93 of the Labor Code of the Russian Federation (on part-time work shifts).

The same applies to shortened working hours for women with children under 14 years of age. This category of workers is entitled to a part-time work schedule in accordance with Art. 93 Labor Code of the Russian Federation. Payment will be made based on time actually worked.

Shortened day for minors, education and medical workers

Considering the features of the conditions of abbreviated labor activity, it is advisable to consider, in addition to Art. 92, Art. 94 Labor Code of the Russian Federation. It determines the immediate duration of the work shift. Thus, the following provisions can be distinguished:

• for minor citizens from 15 to 16 years old - 5 hours a day;
• for persons from 16 to 18 years old - 7 hours;
• for subjects from 14 to 16 years old who are currently receiving education at technical schools or colleges, and combine it with work throughout the year - 2.5 hours;
• for persons combining study and work, from 16 to 18 years old - 4 hours.

In addition to citizens under 18 years of age, special working conditions are provided for teachers and doctors.

Similar labor circumstances for persons associated with pedagogical activity, are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. Thus, for this category, a provision is fixed, based on which the number of working hours per week should not exceed 36. When determining the specific number of hours, the specialty and position of the subject are taken into account. In particular, a shortened week is expected for:

1. Teachers and professors of universities and institutions involved in providing the population with additional education.
2. Senior kindergarten teachers educational organizations, orphanages, as well as institutions providing additional education for young people.
3. Social educators and psychologists educational institutions, children's camp counselors.
4. Methodists and tutors (scientific supervisors or mentors).
5. Managers of institutions involved in the physical education of children.
6. Teachers providing pre-conscription training.

For persons engaged in medical activities, the length of the working day is determined in PP No. 101 of February 14, 2003. The frequency of one work shift depends on the employee’s group. The resolution provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on their place of work and position.

Shortened day for workers working in hazardous conditions

Based on Federal Law No. 426 dated December 28, 2013. working conditions are recognized as harmful based on an expert assessment of working environment factors. In particular, the influence of such factors on the workforce is studied.

Based on Art. 14 Federal Law No. 426, working conditions are divided into 4 classes. Thus, those conditions in which production factors do not have or have a weak impact on the health of personnel are recognized as acceptable. Harmful conditions imply a significant impact on the health of the subjects, which may later develop into a chronic disease.

Thus, a shortened day for such employees is provided in the amount of 36 working hours per week.

Procedure for registering a shortened working day

Shortened working hours presuppose a shorter period than required by law for the performance of labor duties. The main difference from part-time work is that shortened shifts are the norm for the listed groups of workers. It is understood that the presence of a shortened working day is established during the process of concluding an employment agreement and is formalized in a special clause. The basis for this is that the subject has the required category and Art. 92 Labor Code of the Russian Federation.

It is also necessary to indicate for which of the reasons listed in the article the reduced working time is granted. For example, the age of the employee (up to 18 years) may be noted or the harmfulness of working conditions may be determined.

In addition to the employment contract directly with the employee, it is recommended to include a corresponding provision on the stipulated shortened day for some positions (relevant for a particular enterprise) in the collective agreement.

Upon agreement with the employer, a shortened working week is fixed in the contract. Next, a corresponding order for admission to the position is issued. It reflects:

• Company name;
• date of document execution;
• the employee’s passport information, as well as his position and the department in which he will perform his duties;
• grounds for reduced working hours;
• frequency of weekends and breaks, as well as the duration of one working day;
• the procedure for calculating and paying earnings;
• presence or absence of a trial period;
• information about the employment contract between the employer and subordinate;
• signatures of the parties;
• a note about the employee's familiarization with the order, his personal signature, proving this.

The procedure for payments for performing labor duties on shortened working days

Groups of subjects for whom such a schedule is standard have the right to claim the full amount of wages despite the smaller number of hours worked provided for by the general schedule.

A separate category includes employees who have not yet turned 18 years of age. When calculating wages for the specified group of persons, the reduced time is taken into account. That is, final payments to a minor subject will be made in proportion to the work schedule without taking into account age. However, the employer has the right to supplement payments to minor employees using the company’s personal funds.

Also a nuance this issue is remuneration for disabled people. Based on Art. 23 Federal Law No. 181 “On the social protection of disabled people in the Russian Federation” dated November 24, 1995, for citizens with increased needs of groups 1 and 2, a restriction is established - the number of hours devoted to work should be no more than 35 per week. Salaries are retained in full. However, if an employee with a disability of the specified group actually works less than 35 hours per week, his salary will be calculated based on the time worked.

Thus, a shortened working day according to the Labor Code of the Russian Federation can be provided to certain groups of employees. In addition, wages are retained in full, in contrast to part-time work. To avoid making mistakes, the employer needs to clearly distinguish between the understanding of these two phenomena, and also be informed about legislative framework, which details specific categories of workers eligible for a shortened shift.

A request to arrange part-time work at the employee’s initiative rarely pleases employers. After all, this means that a person will work less, which means he will not be able to fully fulfill his duties. But the law allows you to switch to a shorter working day or week if there are serious reasons.

general information

A working citizen of the Russian Federation, on average, must work at least 40 hours a week. For some categories of workers (minors, disabled people, etc.) other labor standards have been established. But for most workers, 40 hours is far from the limit, so additional time is paid as overtime.

However, overtime also has its limitations. So, for example, a person cannot work longer than 4 hours for 2 days in a row. The total duration of additional hours of work per year should not exceed 120 hours. It is not difficult to calculate that the working week can increase by a maximum of 16 hours.

Often employees need to reduce the time they spend at work due to certain personal circumstances. The law allows employees to enjoy this benefit. But the agreement between him and his immediate supervisor must be documented.

The employer can either refuse or allow this rate to be reduced. He has no right to refuse only when the request is voiced by a pregnant employee, an employee with a young child, etc. If an employee has other reasons for reducing working hours, then the resolution of the issue remains at the discretion of the manager.

Decor

Part-time working hours must be formalized by law. It’s not enough to coordinate the issue with your superiors and start going to work according to a new schedule. Without registration, this will only be absenteeism and an additional reason for dismissal. As for the timing, the manager can transfer the employee to part-time work for any period, for example, a week or a month.

Management can reduce time in the following ways:

• reduce the number of working hours per day;
• set a minimum duration of a 5-day working week;
• use both methods, reducing both hours and number of working days.

In the Labor Code you can find information only about maximum quantity working hours per week. The minimum standard is contained in the resolution of the State Labor Committee, and when reducing time, this must be taken into account. The working day, according to this normative act, must be at least 4 hours. Accordingly, a week is 20 hours of work. This limit must be taken into account, although the law does not prohibit production needs(when the initiator is the employer) work 2 hours a day or only a few days a week.

Read also Types of breaks that are included in working hours and paid

When an employee requests a reduction in working hours, he himself sets the required length of the day or week. But the employer may not be satisfied with this, so you need to find a compromise and reduce the number of hours so that it does not infringe on the rights of both parties.

According to labor legislation, an employee can ask the boss for a part-time work day, not only when already employed, but also when applying for a job. In the first case, the parties are required to enter into an additional agreement to the employment contract, which should indicate the following:

• terms of reduced working hours;
• cause;
• details of the parties.

This document is drawn up in several copies, one of which remains with the subordinate. If an employee expresses his request during employment, then all the necessary information is indicated in the agreement itself.

An employer may require documents from his subordinate confirming the need to reduce working hours. This could be, for example, a medical certificate (for pregnancy), a child’s birth certificate, etc.

The HR department employee is required to make appropriate changes to the time sheet. As a rule, many enterprises use the T-12 form. If the employee has registered for part-time work, then in columns 4 and 6 you must indicate a special letter code (“I”) or put “01”.

If this is a shortened week, then weekends are designated by the letter “B” or the numbers “26”. When filling out a work book, information about reduced working hours is not indicated either during employment or upon subsequent dismissal of an employee.

Statement

To register part-time work on the initiative of a subordinate, his application is required. The form of the document is not established by law, so you can use a suitable sample from the personnel department. An application for transfer to part-time work must contain the following points:

• the length of the period when a person needs part-time work or a week;
• type of shortened working hours;
• the date from which the new schedule will operate.

The application must be drawn up in two copies. One document remains with the employer, and he signs the second and gives it to the employee. If an employee does not have documents certifying a serious reason for reducing working hours, then the manager is obliged to warn him in advance. possible refusal. The employer also has the right to officially request this document.

Read also Nuances of the working day of a disabled person, benefits and guarantees

Order

If the parties have agreed to reduce working hours, then the employer must issue an order to transfer the subordinate to a new schedule. In the event that the boss will reduce the work time of an already employed employee, the order is drawn up in free form. The compiler only needs to adhere to the rules of office work and indicate basic information.

If an order to transfer to part-time work on the initiative of a subordinate is issued during his employment, then the employer uses a special T-1 form.

Salary

In the case of reduced working hours, the employee must understand that his earnings will suffer as a result. In other words, it will be equal to either the amount of time worked or the amount of work completed. But these are the only restrictions that await an employee working part-time.

Let's say Sokolova P.L. as a manager with a standard 40-hour work week, she received a monthly salary of 45 thousand rubles. In connection with caring for a sick relative, she was transferred to a shortened day. Now, instead of 8 hours a day, she works only 6.

What salary can she receive, suppose, for October, which has 21 working days? To calculate, you need to divide 45 thousand rubles by 40 hours, and then multiply by 30. 45,000 / 40 * 30 = 33,750 rubles. This will be the salary of P.L. Sokolova. for October with part-time work. If there is a need to calculate the average salary, then it is carried out in a standard manner and taking into account payment when the entire norm is met.

An employer does not have the right to shorten a subordinate’s vacation by compensating for his reduced vacation with days of rest. working week. This also applies to sick leave, which the employer is obliged to provide according to all the rules. There are also no restrictions related to insurance premiums, length of service, etc.

Employer initiative

Shortened hours can be established not only at the request of one or more employees. Sometimes this step is used by organizations when there are some economic problems or changes in the technological process. In the first case, the employer has only two options - part-time work or staff reduction.

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 certificate issued in the manner established by 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 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 similar situations it is not allowed to increase working hours in comparison with the maximum standards 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 time is established for part-time work, as well as in cases where the organization provides staffing table incomplete 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 the employee expresses his will, the employer is obliged to establish a part-time working day. 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 workers have the right to receive full-time annual leave, and 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 in 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 payment in an amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have completed full working standard. This differs from part-time working time to reduced working time. Part-time work is used in various ways.

Labor legislation allows for different working modes. One of them is part-time work. You will learn in this article how to establish such a regime, whether it is suitable for all employees, and what types of such working hours are.

The concept of working time. Types of part-time work

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform job responsibilities, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time (Article 91 of the Labor Code of the Russian Federation). However, normal working hours cannot exceed 40 hours per week.

However, in Art. 93 of the Labor Code of the Russian Federation states that by agreement between the employee and the employer it can be established part-time work. Moreover, the legislator distinguishes several types of such time:

- part-time work (shift) - with this mode, the duration of work per day is reduced, for example, an employee works 6 hours instead of 8 hours, but the same number of days remains as with an 8-hour working day;

- part-time work week - the number of working days is reduced while the length of the working day (shift) remains unchanged. For example, an employee worked 5 days a week for 8 hours, and after the establishment of a part-time work week, he will work only 3 days;

- mixed - both the length of the working day (shift) and the number of working days per week are reduced. For example, instead of 5 working days of 8 hours each, an employee will work 3 days of 5 hours each. When working part-time, the employee is paid in proportion to the time he works or depending on the amount of work he performs.

For your information. Working on conditions part-time does not entail any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.

In what cases is part-time working time introduced?

The Labor Code establishes a circle of persons, upon whose written application the employer is obliged to establish a part-time working schedule for them. These include:

— pregnant women;

- one of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);

— persons 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;

- women on maternity leave.

The last point causes controversy among some employers: they believe that they have the right, and not the obligation, to introduce part-time work for women on maternity leave. However, it is not. Employers are obligated to introduce such a working regime for this category of workers, and here’s why.

Note. Let us note that not only the mother, but also the child’s father, grandmother, grandfather, other relative or guardian who is actually caring for the child has the right to establish part-time work (Article 256 of the Labor Code of the Russian Federation).

During the period of parental leave, the employee retains his place of work (position) by virtue of Art. 256 Labor Code of the Russian Federation. Since the legislator gives a woman the right to choose whether to go on such leave or not, she can leave it at any time, and the employer is obliged to provide her with her previous place of work. Since a woman wanted to interrupt her vacation and work part-time, the employer cannot impose on her the condition that she work only full-time. Otherwise, she loses the right to receive state social insurance benefits - that is, with such a requirement, the employer worsens the employee’s position in comparison with the established labor legislation, therefore, violates the norms of the Labor Code of the Russian Federation and when the employee applies to the labor inspectorate, he will be obliged to set her part-time working hours.

For more correct regulation of women’s part-time work, one can rely on the still valid Resolution of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 N 111/8-51. The regulation on the procedure and conditions for the employment of women with children and working part-time, approved by the said Resolution, provides for general and special legal norms that provide women with more favorable conditions for combining the functions of motherhood with professional activity and participation in public life.

However, the employer may enter part-time work on their own initiative. In particular, Art. 74 of the Labor Code of the Russian Federation provides for such a possibility when reasons associated with changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.) may lead to mass layoffs of workers.

To save jobs in this case, the employer can introduce a part-time working day (shift) or part-time working week, and this must be done taking into account the opinion of the elected body of the primary trade union organization. The procedure for taking such an opinion into account is established by Art. 372 Labor Code of the Russian Federation.

Note! If there is a threat of mass layoffs, part-time work can be introduced for a period of up to six months (Part 5 of Article 74 of the Labor Code of the Russian Federation).

Before making a decision to introduce part-time work, the employer must send a draft local regulatory act establishing the period and type of part-time work, as well as the categories of workers for whom this regime is being introduced (and justifications for it), to the elected body of the primary trade union organization representing the interests of all or most workers.

The trade union, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on it in writing. If the trade union’s opinion does not contain agreement with the draft local act or contains proposals for its improvement, the employer may agree with it or is obliged, within three days after receiving the opinion, to conduct additional consultations with the workers’ union in order to achieve a mutually acceptable solution.

If agreement is not reached, the disagreements that arise are documented in a protocol, after which the employer has the right to adopt a local regulatory act. Then it can be appealed to the relevant state labor inspectorate or to court. In addition, the trade union has the right to initiate a collective labor dispute procedure in the manner established by the Labor Code of the Russian Federation.

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

But what about those who do not agree to work part-time? The answer is given by Part 6 of Art. 74 of the Labor Code of the Russian Federation: if an employee refuses to continue working part-time (shift) and (or) part-time work week, then employment contract terminated in accordance with clause 2, part 1, art. 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation.

We will consider the procedure for introducing part-time work at the initiative of the employer in.