For an employee, incomplete work time on the initiative of the employer means that the company may be downsized. Many people prefer to quit on their own and look for a new job, while for others, changing the work schedule is only a temporary phenomenon.

Part-time work

Work time - the time that the staff spends on the performance of 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 provide explanations for part-time work, therefore, 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 implementing part-time work, one of the following modes can be used:

• reduction working day;
• reduction of the working week;
• shortened shift with a reduced week.

There are several categories of workers who may be employed part-time or weekly. This is considered the complete standard of work. We are talking about minors, people with disabilities, pregnant women, etc.

Salary

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

For example, an employee for whom a part-time regime is established at the initiative of his employer is entitled to the same duration annual leave as with a full day. There are also no changes for the accrual of seniority. Average earnings with reduced working hours, it is always calculated on a general basis.

Employer's initiative

The establishment of part-time work may be necessary for the management for various reasons. Most often this is due to economic problems in the company, when the employer chooses to reduce working hours or lay off part of the staff. The manager has the right to transfer subordinates to a different working regime. Maximum term such a change is 6 months.

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

Read also Who is provided with the opportunity to reduce working hours

Registration

After the director has decided to reduce the working time, he needs to arrange everything correctly. For this, he issues an order. Before you draw up a document, you should develop a mode of work and payment of wages. The part-time order includes:

• name of company;
• date of compilation;
• grounds for switching to part-time work at the employer's own initiative;
• terms of the shortened working day;
• the mode of work that the manager considers acceptable;
• additional instructions to the accounting department and the personnel department.

The order to transfer to a part-time job on the initiative of the chief is signed not only by himself, but also by the chief accountant, the head of the HR 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 the company's letterhead with the necessary details.

Next, the employer issues notices of the transfer on a part-time basis. The notification must be issued no later than 2 months before the reduction of working hours. The chief is obliged to prepare and send the document to each employee individually.

Help: if the deadline for sending is violated, then the subordinate can achieve the cancellation of the order for the transfer on a part-time basis. There are many such cases in modern judicial practice.

The notice indicates the reasons for the reduction of the working day, terms, 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 notification against signature, and the refusal is made according to the established procedure.

The Labor Code of the Russian Federation says that the labor agreement, if a person refuses to work under the changed conditions, is terminated automatically. But the employer has the right to independently decide the issue of dismissing such a subordinate, so he can leave him in his position on the same terms.

As for the supplementary agreement, there are no instructions on the need to formalize it in regulatory enactments. But since the working conditions prescribed in the document change, it is advisable to fix their changes additionally.

For this, the manager can conclude an additional one 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 obliged 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 that period, management may extend the period to a maximum.

Read also Working hours for minors

The employer is not entitled to exceed the specified limit. This also applies to those cases when the employer transfers staff to a normal working regime, and after 1-2 months again introduces restrictions, which is illegal. At the same time, the specific timing of the break between these periods is not indicated in the regulatory enactments.

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

Trade union participation

Union opinion on this issue is necessary if company management introduces reduced schedules to prevent mass layoffs of staff. Then the director, before reducing the number of days or hours, is obliged to send a draft normative document to the trade union.

Trade union employees must study the submitted papers and, within 5 days from their receipt, provide the sender with their informed opinion. If the trade union body does not agree with any clauses of the local act, it can invite the management to make changes. The tenant makes a decision to change the document within 3 days.

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

Employment service warning

When a shorter working time is introduced at the enterprise, the management must notify the employment service. This rule has been mandatory since 2009. Also, the deadlines are set - 3 days from the date of the decision on the reduction.

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

• start and end date 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.

The current economic situation has forced many organizations to rethink their work patterns. One of the ways to overcome the difficulties associated with the decrease in production volumes was the transition to part-time work. Let's talk about this.

Determining the terms

Part-time work is a form of employment in which the duration of the employee's working hours is less than that established by law. By agreement between the applicant and the employer when hiring, as well as subsequently, a shortened day can be set (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not provide a decoding of the concept of “part-time work”. And here is the Convention international organization on labor (24.06.1994) № 175 defines this term as labor time, the duration of which is less than the normal length of the working day. It should be noted that the aforementioned document has not been ratified by Russia. But obligations were taken to consider its provisions for approval by Russian trade unions and employers' associations.

Part-time work

The Labor Code states that several options for organizing work in this mode are possible:

1. Reduce the length of the working day or shift by certain hours(all working days of the week are shortened).
2. Reduce the number of working days per week, but at the same time maintain the normal length of the working day or shift.
3. Reduce duration daily work for a fixed number of hours, while reducing the number of working days per week.

However, one should not confuse part-time work with a shortened one, which is mentioned in article 93 of the Labor Code of the Russian Federation and which is established for certain categories of citizens. For example, for persons under the age of sixteen, disabled people, students, workers employed in hazardous areas of production, etc. For such employees, reduced working hours is a complete norm. If you are interested in any information regarding your rights or working conditions, you can always read the Labor Code with comments. There, explanations are given in detail and in an accessible form.

Part-time report card

Everyone knows that at the enterprise personnel officers keep a time sheet. It is according to him that the accounting department is guided later when calculating wages. Therefore, the timesheet is one of the main documents for the HR department.

So, in it, accounting for part-time work at the request of the employee is marked with the code "NS" or "25" (according to the decree of the State Statistics Committee of 01/05/2004 No. 1). In this case, there is talk about part-time work, since non-working days with a shortened week will be celebrated as a weekend.

Remuneration for labor and vacations

Part-time pay will differ from normal payment. The fact is that in the conditions of carrying out activities in such a mode, there is an unambiguous decrease in wages. And this is logical. The accrual will be carried out in proportion to the time that the employee has worked, or for the amount of work performed by him (Article 93 of the Labor Code of the Russian Federation).

But part-time vacation is exactly the same as with a regular schedule. When calculating vacation pay, other labor rights are also taken into account. In fact, the reduced working hours regime does not affect the length of the annual leave. The calculation of the average daily earnings for the accrual of travel, sick leave and vacation pay occurs in the usual manner, in accordance with regulatory documents. The change in the employee's mode of operation in the billing period does not matter.

At the same time, if a person wants to be involved in performing a task outside the schedule that is established for him, then this type of activity will already be considered overtime work (Article 99, 152 of the Labor Code of the Russian Federation), and therefore be paid accordingly.

Labor on their days off with a shorter working week is also paid in an increased volume (Articles 153, 113 of the Labor Code of the Russian Federation).

We have introduced you to the basics of wages if you are employed part-time. The Labor Code protects the interests of citizens. However, it should be remembered that in practice the norms that are clearly indicated in the normative legal documents are not always fulfilled. Therefore, we need to know our rights in order to monitor their observance.

Part-time work

Sometimes it happens that people need to shorten the time they spend at work for some objective reason. And they ask themselves the question: "How to get a part-time job?" It's not difficult at all.

Earlier, we have already said that initially, by agreement of the parties, an appropriate employment contract can be drawn up. Part-time work is spelled out in it as the mode of work of a certain employee.

In what other cases is the employer obliged to transfer the employee to a reduced working regime?

Article 93 of the Labor Code of the Russian Federation indicates the following categories of citizens:

1. Pregnant women.
2. Parent of a child under the age of fourteen. This can be both a mother and a father, or a guardian.
3. Persons caring for a sick relative (with a medical certificate).

To switch to a new one, you just need to write a part-time application.

In addition, people who are on parental leave have the right to work on a special, reduced schedule. At the same time, they retain the right to receive social insurance benefits. Moreover, both the mother and the father of the child, grandmother, grandfather, guardian, who actually take care of the baby, have such an opportunity (Article 256 of the Labor Code of the Russian Federation).

As we said above, the transfer to part-time work occurs at the request of the employee with an application.

Let's give an example of such a document.

Please transfer me to a part-time job (seven working hours a day) from 01.10.2012 to 31.12.2012 due to pregnancy.

The pregnancy certificate is attached.

Based on the application, the personnel officer writes an order for part-time work. See below for a sample.

About part-time transfers

Based on the statement of the accountant Ivanova A.A. dated 09.29.2012 and in accordance with the Labor Code of the Russian Federation, art. No. 93

I order:

1. Provide accountant A. Ivanova with work on a part-time basis from 01.10.2012.

2. To establish the following work schedule for the accountant A. Ivanova:

• Five-day work week with two days off.
• Decrease in duration daily work for one hour.
• The duration of the working week is thirty-five hours.
• Working day schedule: Monday - Friday: from 9:00 to 17:00, lunch break: from 13:00 to 14:00.

3. Accounting departments to calculate the salary of A. Ivanova in proportion to the time worked by her.

4. Control over the execution of the order shall be entrusted to the deputy V. V. Khorkina.

Director Vasechkin I. V.

Acquainted with the order:

Change of employment contract

If one of the employees in the enterprise has a work schedule that differs from the generally accepted one, this must be reflected in employment contract(Article 57 of the Labor Code of the Russian Federation). If the changes have occurred recently, then it makes sense to make some amendments. It is not necessary to completely change it, it is enough to draw up an additional agreement, which will reflect the innovations.

All agreements or additions to them are made only in writing (Article 72 of the Labor Code of the Russian Federation).

Up to this point, we have considered only those cases when the employee himself is the initiator of the change in the work schedule. But it often happens that, for a number of reasons, the previous provisions of the employment contract cannot be preserved. Then it is allowed to change them by the decision of the employer. In this case, the company is obliged to inform its employees in advance about the upcoming changes and the reasons that led to this. The employer notifies employees that they will be transferred to part-time work 74) no later than two months in advance.

Such changes are possible when the enterprise is faced with a choice: either to carry out a mass layoff of employees, or, in order to preserve a certain number of jobs, to go for the introduction of a part-time work regime (see the code with comments). The law provides for such a procedure for up to six months.

We emphasize that the indicators of mass layoffs are defined in intersectoral and territorial agreements (Article 82 of the Labor Code of the Russian Federation). The most striking example of this situation can be a large reduction in the number of employees in connection with the liquidation of the organization or with the reduction of entire divisions of the enterprise.

Part-time work (the Labor Code of the Russian Federation contains such information) is then established by a single order for the enterprise. Employees are notified in writing against signature. Moreover, consent or disagreement to work in the changed conditions is prescribed right there, in the order, or in a separate document. According to the Labor Code, if a person does not want to work on a new schedule, the employment contract is terminated with him automatically (clause 2, part 1 of article 81). In this case, the employee is paid compensation.

Of course, all changes in the employment contract should not worsen the position of employees, compared to the paragraphs. Cancellation of the part-time working regime earlier than the period for which it was introduced is carried out by the enterprise with the participation of the trade union organization.

Part-time work for moms

Let's now take a closer look at the issue of part-time work for women. We have already mentioned that, while on parental leave, a woman has every right to go to work part-time. Thus, the young mother will be able to re-enter the course of affairs and not lose her qualifications. How to properly register such an employee for work?

We remind readers that parental leave is issued by mothers until their son / daughter reaches the age of three (Article 256 of the Labor Code of the Russian Federation). For this period, they retain workplace... Article 256 of the Labor Code of the Russian Federation, part 3, states that a woman can go to work at this time on a part-time basis. It turns out that until the baby is three years old, his mother can be on vacation and work at the same time.

Features of reduced working hours for women

Part-time work can be established for a woman for any period of time (if it comes about the mother of small children). There are no restrictions in the labor code on this matter. That is, two options are possible. First: an event is indicated before which adjustments are made to the employee's work schedule. And the second option does not provide for any dates.

The law does not specify what exactly should be the length of the working week in this case. In fact, a woman can work a couple of hours a week, and thirty-nine ... This issue is not legally regulated.

If an employee overtime works more than the established norm, then this is overtime, which must be paid separately.

Note that feeding breaks infant are included in labor time (Article 258 of the Labor Code of the Russian Federation). According to the statement of the employee herself, who has a baby under the age of one and a half years, she is provided with hours for feeding, in addition to a break for rest, food.

Also, women with part-time work are entitled to a reduced pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm for a young mother are either compensated financially, like overtime, or she is given an additional day off.

In the report card, the hours worked by the woman are put under the code "25" or "НС".

For part-time work, the number of days worked is indicated, and for part-time work, the actual hours worked. Holidays are marked under the code "26".

Filling out the report card for a young mother has its own characteristics. After all, she is actually at the same time at work and on leave to care for the baby, which frees her from the obligation to work. Therefore, as a rule, two corresponding codes are entered into the document. For this, an additional line is added to the report card.

How to deal with feeding breaks? There is no definite answer. Two options are offered. In the first case, you can simply mark this time as working, because this is, in fact, how it is. And the salary will be calculated according to the order according to the average earnings, because the breaks are paid according to the average.

And in the second case, they suggest showing the feeding time in the report card, which, according to many experts, is not very convenient and even meaningless.

Paperwork for a young mother

If a woman who is on parental leave is initially hired on a part-time basis, then this is prescribed in the employment contract. The employment order must include a schedule of its activities, indicating lunch breaks and weekends. The salary is calculated in proportion to the hours worked.

But if an already working employee needs to be transferred to a part-time job, then she writes an application for this. In it, she indicates the reason for her request (the presence of a child under three years old) and the period for which she plans such changes. The transfer of a woman will not be formalized by an order. And it is also desirable to make an addition to the employment contract, where the changes will be indicated - this is more correct to do so.

Is it possible to transfer to another job?

When a woman switches to a part-time work week, it is possible to transfer her to another section. Of course, a similar position should be provided. At the same time, such a translation is not even entered into the work book.

In order not to engage in bureaucracy and not to hire an employee for a permanent job, you can go another way. As you know, there are civil law contracts that are drawn up to perform a certain type of work. With their help, you can attract a woman to regular or irregular cooperation with the company. The work performed by her will be accepted by means of acceptance certificates. Payment will be made in accordance with the contract. This option is beneficial for both the enterprise and the woman.

Summing up the topic, I would like to emphasize that an employee at any time has the right to switch to full time again. For this, only her desire and a written statement are enough. There are no legislative restrictions on this matter. The personnel officer, based on the application, prints the order.

Instead of an afterword

In our article, we tried to understand as much as possible the nuances of part-time work. Summing up, I would like to advise, if you have any questions regarding labor legislation, refer to such a document as the Labor Code with comments. And do not be afraid of such a harsh name. In it you can find answers to many topics that interest you. We hope that our article will be useful to you.

The length of the working week can be regulated at the legislative level or by agreement between the parties. In addition to the full workweek, which contains 40 hours, there is also such a thing as a shortened workweek. Let's take a closer look at what its features are and how it differs from incomplete working week.

What the law says

The working week cannot exceed 40 hours - this is evidenced by Russian legislation. Moreover, this is relevant for both a five-day and six-day work week. For the first case, the working day is limited to 8 hours, but in the second case, each employer sets the regime individually, taking into account that the day before the weekend should not exceed 5 hours.

Other operating modes can be calculated on the basis of legislative norms.

But along with this, for selected categories a shorter working week may be established for employees.

Shorter working week

The reduced work schedule implies that the employee will actually work fewer hours compared to the normal work during the same period of time. According to Article 92 of the Labor Code of the Russian Federation, a shortened working week is established for the following categories of persons:

• under the age of 16 (they must work no more than 24 hours a week);
• over 16 years old, but under 18 years old (they must work no more than 35 hours by law);
• having a disability of 1 or 2 groups (the labor activity of these persons should not exceed 35 hours);
• workers whose working conditions are defined as hazardous or harmful to health (in this case, the working week cannot exceed 36 hours).

This list is not definitive. It can be supplemented with facts from federal legislation. For example, the shortened working week for the teaching staff is 36 hours, and for medical workers - 39 hours. At the same time, there is a decree of the government of the Russian Federation, which provides a list of specialties medical professionals and the types of health facilities for which the work week has been reduced even more.

Payment features

A work week of this type will be paid as a full week, with some exceptions. The shortened working week under the Labor Code for underage workers will be paid according to the actual hours worked or the amount of work performed. In other words, work is paid in proportion to these indicators.

But, despite the legislative regulations, the employer has the right to make additional payments to his employees, who work in shortcuts. In particular, he can pay for work at the same rate that employees who are on a full working week receive, but under certain conditions.

How should the payment of additional funds proceed if a shortened working week is regulated for an employee? Payment must be posted as overtime remuneration.

Than an incomplete week is desperate from a shortened

In some cases, an employee may be given a part-time work week. But this concept differs significantly from the concept of "shortened working week".

With an incomplete week, payments are made based on the time worked and work performed, and with a reduced time, the working week can be considered complete for certain persons and be paid in full. Further, for the appointment of an incomplete working week, it is sufficient to have the mutual consent of both parties or the initiative of the employee, while a shortened week is given to a specific group of people.

An incomplete week can be entered if the employer was contacted by:

• an employee in a position;
• one of the parents of a child who has not reached the age of 14;
• one of the parents of a disabled child under 18;
• a person who takes care of a sick relative with the provision of an appropriate certificate from a medical institution.

The manager can organize a part-time work week only on the basis of an application from the indicated persons.

At the same time, the work book should not contain an entry that the employee has a shortened working week or part-time work.

Time tracking

Taking into account working hours is the direct responsibility of the employer, and not his right or desire. Although many neglect this fact, thereby violating the requirements of legislative acts.

To keep records of the time worked by each employee, a special time sheet of the T-12 form is used, which is approved by the decree of the State Statistics Committee of the Russian Federation. In addition to the fact that this document has its own direct purpose, it can still be taken into account as evidence in litigation under labor law.

Shortened working week in hours:

1. Persons under 16 years old - 24 hours.
2. Persons from 16 to 18 years old, disabled persons of groups 1 and 2 - 35 hours.
3. Persons working under the influence negative factors- 36 hours.

If a minor citizen combines study and work, then half of the norm established by law is applicable to him. That is:

• persons under 16 must work no more than 12 hours a week;
• persons from 16 to 18 years old - no more than 17.5 hours per week.

Establishing a shortened working week, taking into account the norms of labor law and federal laws, is also necessary for the following categories of employees, observing hourly norms:

1. For the teaching staff - 36 hours.
2. For health workers - from 30 to 39 hours.
3. For women working in the village - 36 hours.
4. For women working in the Far North - up to 36 hours.

As a result, all these facts should be taken into account in the timesheet.

Employer's initiative

The total length of the working week is one of the main conditions in the text of the employment contract. Let's consider the main reasons why the conditions established in the document may change.

According to Article 74 of the Labor Code of the Russian Federation, to change the originally agreed working conditions possible in the case of upcoming technological or organizational changes at the enterprise. These include:

• changes in the technology of the production process or in the technique itself;
• staff reorganization of the enterprise;
• other changes.

If the above changes can lead to large-scale layoffs of the workforce, then the employer will reduce the working week or introduce part-time work for employees. Thus, you can save jobs and reduce financial costs to some extent.

In this case, it is legally allowed to introduce reduced weekdays for a period of up to 6 months. If it is supposed to return to the normal regime earlier, this issue must be coordinated with the trade union organization of the enterprise.

If, for some reason, the employee refuses to return to full-time work, the employment contract with him may be terminated due to a reduction in the staffing unit. And in this case, the employer will have to comply with the layoff procedure for redundancy, when the employee is paid all the necessary compensation payments.

Registration

A shortened working week at the initiative of the employer presupposes adherence to a strict sequence in registration. Each stage must be completed exclusively in writing.

In order for the organization to establish a reduced working time, it is necessary:

1. Issue an order that warns all employees about a change in work regime. The document must: justify the need for the transition to the new regime; list those divisions that will work according to the new schedule; clarify the specific operating mode. In addition, the document must indicate the date of commencement of work on the new schedule and the period for which the regime is set. Responsible persons should be indicated who will notify the team about the innovations.
2. Notify the working team. Employees who are affected by the innovation must be notified about it two months in advance. Failure to comply with the established norms can lead to litigation. Notices must be in writing. Moreover, each employee must sign for the receipt of this notification. If you do not want to sign the notice, you must draw up an appropriate act in the presence of two witnesses.
3. Provide information to the labor exchange. Within three days from the date of the decision to establish a new regime in the organization, the management must report this fact to the employment center. If this fact is ignored, the organization can be fined.

Employer's responsibility

A shorter working week under the Labor Code presupposes certain responsibilities on the part of the employer. The provisions of the Code of Administrative Offenses of the Russian Federation are applicable to him and it is possible to apply punishment in the following form:

• a warning or a fine from 1 thousand to 5 thousand rubles (for officials);
• a fine of 1 thousand rubles. - 5 thousand rubles. (for entrepreneurs who work without forming a legal entity);
• a fine in the amount of 30 thousand to 50 thousand rubles (for legal entities).

If a person is recruited for a corresponding violation, he may face a higher fine or disqualification from his post.

What documents are supported

Most often, all the main nuances labor activity employees are enshrined in the local acts of the company. All working conditions, work schedule and duties are prescribed:

1. In the employment contract.
2. In the basic rules that establish the work schedule in the organization.
3. V collective agreement.

Given that the shortened working week is usually temporary in nature, this item is not included in the general local acts, in addition to the employment contract. But in the collective agreement, this condition must be spelled out in advance.

All changes in the employment contract must be agreed by both parties and introduced into the document in accordance with the conditions that are spelled out in art. 74 of the Labor Code of the Russian Federation.

Advantages

With the introduction of a shortened work week, you can find a lot positive sides... This applies to both employees and the employer. TO positive aspects shortened time can be attributed:

• the appearance of free time for employees to resolve their own personal issues;
• the emergence of an opportunity to find a part-time job;
• the ability to maintain employment benefits in full;
• an opportunity for the employer to reduce labor costs;
• reduction of working time can be considered as a non-long-term measure to optimize the staffing structure in order to avoid the introduction of downtime in production or reduction of staff.

disadvantages

The main disadvantages of introducing a reduced regime include:

• lower wages for work compared to a full work week;
• lack of career growth;
• an increase in the volume of work that does not correspond to the hours of work;
• the employer is obliged to provide employees on a shortened schedule with payment of holidays and sick leave in full;
• a decrease in work time can lead to a decrease in the total volume of work performed, and, accordingly, in the profit for the organization.

So, shortened working hours should not be confused with part-time work. Each of these concepts corresponds to different categories of workers and, moreover, payment will be made in different ways.

Employers are rarely encouraged to ask for part-time work at the initiative of an employee. After all, this means that a person will work less, which means that 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 good reasons.

general information

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

but overtime work also has its limitations. So, for example, a person cannot work longer than 4 hours 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 their time 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 to reduce this rate. He has no right to refuse only when the request is voiced by a pregnant employee, an employee with a small child, etc. If the employee has other reasons for reducing working hours, then the decision of the issue remains at the discretion of the manager.

Registration

Part-time work must be formalized by law. It is not enough to coordinate the issue with your superiors and start going to work on 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.

The bosses can shorten the time as follows:

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

In the Labor Code, you can find information only about maximum number working hours per week. The minimum norm is contained in the resolution of the State Committee for Labor, and this must be taken into account when reducing the time. 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, in case of production necessity (when the employer is the initiator), to work 2 hours a day or only a few days a week.

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

When an employee asks for a reduction in working time, he himself sets the required length of the day or week. But the employer may not be satisfied with this, so a compromise must be found and the number of hours reduced so that this does not infringe upon the rights of both parties.

According to labor law, an employee can ask the boss for part-time work, not only when he is already employed, but also when applying for a job. In the first case, the parties are obliged to conclude an additional agreement to the labor 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 the employee expresses his request for employment, then all the necessary information is indicated in the agreement itself.

The employer can demand from his subordinate documents confirming the need to shorten the working day. This can be, for example, a medical certificate (during pregnancy), a child's birth certificate, etc.

An employee of the HR department is obliged to make the appropriate changes to the timesheet. As a rule, many enterprises use the T-12 form. If the employee has issued a part-time job, then in columns 4 and 6 it is necessary to indicate a special letter code ("I") or put "01".

If it is an abbreviated week, then the weekend is indicated by the letter "B" or the numbers "26". When filling work book information on reduced working hours is not indicated either upon employment or upon subsequent dismissal of an employee.

Statement

To register part-time work at 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 HR department. An application for a part-time transfer must contain the following items:

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

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

Read also The nuances of the length of the working day of a disabled person, benefits and guarantees

Order

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

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

The salary

In the case of a reduced working time, the employee must understand that his earnings will suffer from this. In other words, it will be equal to either the amount of time worked or the amount of work done. But these are the only limitations that await a part-time employee.

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 only works 6.

What wages can she get, say, 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 wage Sokolova P.L. for October with part-time work. If there is a need to calculate the average wage, then it is carried out in a standard way and taking into account the payment when the entire norm is fulfilled.

The employer does not have the right to shorten the vacation of a subordinate, compensating for his reduced working week with days of rest. This also applies to sick leave, which the employer is obliged to provide in accordance with all the rules. Also, there are no restrictions related to insurance premiums, taking into account seniority, etc.

Employer Initiative

The shortened time can be set not only at the request of one or several employees. Sometimes this step is used by organizations when there are some economic problems or a change in the technological process. In the first case, the employer has only two choices - part-time work or staff reduction.

Shorter working hours is a special form of employment in which an employee has the opportunity to work part-time, that is, less time than is suggested by labor legislation. In this case, the salary of the subject will be calculated on the basis of the full salary, even if the schedule is cut. So, the definition of a shortened working day is not provided for in the Labor Code of the Russian Federation. This concept is given in the international Labor Convention No. 175 of 24.06.1994. 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.

Determination of a shortened working day

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

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

At the same time, it is important to understand the differences between part-time and shortened working hours, which are only allowed for 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 may be shortened. Also, the code provides for several options for organizing work activities in a reduced time mode:

1. Cutting down hours of work every day of the week.
2. Reducing the number of working days, while maintaining the same length of the work shift.
3. Decrease in the number of hours for the performance of official duties by a certain percentage (which one is determined by the employer), as well as a decrease in the number of working days per week.

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

Differences between reduced working hours and part-time work shifts

For accounting or HR staff, there is a significant difference between the concepts. So, a reduced duration of the working day is such a frequency of work, in accordance with which the wages are fixed in full, but the number of working hours is reduced.

It is impossible to reduce the level of wages with officially reduced working hours, since such an action is illegal.

In the case of part-time work, pay is calculated based on the standard work schedule, but payments are made based on the actual hours worked. So, with an incomplete working day, an employee is not entitled 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, groups of persons for whom a shortened day is the norm are as follows:

• the working time of minors who are under 16 years old is reduced to 24 hours a week;
• for persons from 16 to 18 years old, a limit of 35 hours per week is determined;
• disabled persons of groups 1 and 2 have the right to work a maximum of 35 hours per week;
• employees performing their job duties 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 of the Labor Code of the Russian Federation, the employer can provide temporarily part-time work to such subordinates:

• women expecting a baby;
• one of the parents (or guardian / curator) who is caring for a child under 14 years old;
• a person who takes care of a disabled minor;
• a person caring for a seriously ill relative on 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 constant.

Shorter working hours for pregnant women

In fact, part-time work is being issued for pregnant women, the regime of which will be canceled when the woman returns from the decree to the standard execution of her job responsibilities... In addition, a pregnant employee will not be paid in full, as is typical for a shorter working day, but will be calculated based on the actual hours worked in accordance with the definition of part-time work.

However, in practice, such work activity continues to be called "reduced", which is not correct. Labor legislation protects expectant mothers on the basis of Art. 93 of the Labor Code of the Russian Federation (on incomplete work shift).

The same goes for shorter working hours for women with children under 14. This category of workers is assigned an incomplete work schedule in accordance with Art. 93 of the Labor Code of the Russian Federation. Payment will be made based on the hours actually worked.

Shortened day for minors, education and health workers

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

• for minors 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 in 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 who are under the age of 18, special working conditions are expected for teachers and doctors.

Similar working circumstances for persons associated with teaching activities, are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. So, for this category, a provision is fixed, on the basis of 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. Specifically, a shortened week is intended for:

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

For persons engaged in the implementation of medical activities, the length of the working day is determined in the PP №101 of 14.02.2003. The frequency of one work shift depends on the employee group. The decree provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on the place of work and position.

Shortened day for workers 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 the factors of the working environment. In particular, the influence of such factors on the labor force is investigated.

Based on Art. 14 ФЗ №426, working conditions are divided into 4 classes. So, those conditions in which production factors do not have or have a weak effect on the health of personnel are recognized as permissible. Harmful conditions imply a significant impact on the health of subjects, which can further develop into chronic disease.

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

The procedure for issuing a shortened working day

Reduced working time implies a shorter period than required by law for the performance of labor duties. The main difference from part-time work is that the shortened shift is the norm for the listed groups of workers. It is understood that the presence of a reduced working day is established in the process of concluding an employment agreement and is formalized in a special clause. The reason for this is that the subject has the necessary category and Art. 92 of the 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 provided. For example, the age of the employee (up to 18 years) can be noted or the harmfulness of working conditions can be determined.

In addition to the employment contract directly with the employee, it is recommended to include the appropriate provision on the provided 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. Further, the corresponding order for admission to the position is drawn up. It reflects:

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

The procedure for payments for the performance of labor duties on shorter working days

Groups of entities for which such a routine is standard are entitled to claim the full amount of wages despite the lower number of hours worked under the general schedule.

A separate category is employees who are under 18 years of age. When calculating the salary for the specified group of persons, the reduced time is taken into account. That is, the final payments to a minor subject will be carried out in proportion to the worked schedule, without regard to age. However, the employer has the right to supplement payments to minors using the company's personal funds.

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

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