How to set part-time working hours. Options for part-time work according to the labor code and the categories of employees for whom it can be established

How to set up part-time work?

On whose initiative can the working day be shortened?

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

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

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

Shortened day

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

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

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

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

Documentation if desired by the employee

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

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

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

– the desired length of the day or week;

– type of part-time work;

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

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

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

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

Sample 1

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

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

Sample 2

Order establishing part-time work

Documentation if desired by the entrepreneur

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

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

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

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

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

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

Accounting and payment

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

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

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

Example

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

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

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

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

Vacation and sick leave

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

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

Now a few words about sick leave.

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

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

Commentary on Article 1. The term “part-time work” covers both part-time work and part-time work.
With a part-time working day, the number of hours of work per day is reduced compared to what is established in the organization's routine or schedule for this category of workers (for example, instead of 8 hours - 4).
Part-time work means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish for an employee a part-time working week with part-time work (for example, 3 working days a week, 4 hours each).
Unlike reduced working time, which is a full measure of labor duration established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time working time is only a part of this measure. Therefore, in case of part-time work, payment is made in proportion to the time worked, and in case of piecework payment - depending on output.
Part-time working hours are usually established by agreement of the parties to the employment contract. Such an agreement can be reached both upon entry to work and during the work period. The provision for part-time work must be reflected in the employment contract or drawn up as an addition to it.
2. The law does not limit the circle of persons for whom part-time work is allowed. It can be installed for any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish a part-time or part-time work week for the employee at his request. Thus, part-time work is mandatory at the request of: a pregnant woman; one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical report issued in the manner established by federal and other regulations legal acts of the Russian Federation.
Securing the right to mandatory establishment of a part-time working regime for only one of the parents who has a child under the age of 14 (a disabled child under 18 years old) means that if the need for such a regime arises for the second parent, he must resolve this issue in in general order, i.e. by agreement with the employer.
In addition to the above categories of persons, the employer is obliged to establish part-time working hours at the request of a disabled person, if such a regime is necessary for him in accordance with an individual rehabilitation program, which is mandatory for implementation by organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Persons with Disabilities ).
The employer's refusal to satisfy such a request can be appealed to the labor dispute resolution authorities.
3. Part-time work is established for a specific period or without specifying a period. In this case, work on a part-time or part-time work week is indicated in the content of the employment contract (see Article 57 and commentary thereto).
Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and educational leave; work time is counted in the length of service as full working time; Weekends and holidays are provided in accordance with labor legislation.
Part-time work is not noted in work books.
On part-time work for women and other persons on parental leave to care for a child under 3 years of age, see Part 3 of Art. 256 and comment. To her.
Part-time working hours can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of the organization for a period of up to 6 months.
For the procedure for transferring to this mode, see the comment. to Art. 74.
Persons hired for part-time or part-time work, as well as those hired at half the rate (salary) in accordance with the employment contract, are included in the list of employees of the organization. In the payroll, these employees are counted for each calendar day as whole units, including non-working days of the week determined upon hiring.
Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to part-time work are taken into account in proportion to the time worked when determining the average number of employees (see Instructions for filling out the federal statistical observation form N 1-T "Information on the number and wages of employees", approved by Rosstat Resolution No. 258 of October 13, 2008 // Questions of Statistics. 2009. No. 1).

can be installed in an organization only in exceptional cases. At the same time, the legislation provides for a special procedure for warning employees about the upcoming change, limits the length of the short work week and establishes the specifics of calculating wages in this situation. Let's take a closer look at these aspects.

Normal working week length

The law determines the basic standards of working conditions for a working person. These include: the duration of the minimum paid leave, the length of the probationary period, the minimum wage and, of course, working hours.

Working time is the period during which an employee performs his or her job duties. The employer must keep records of the time worked by each employee.

In accordance with Art. 91 of the Labor Code, the standard duration of a 7-day work day is 40 hours, that is, an 8-hour work day with a workload of 5 days a week. Along with this, workers in creative professions, for example, film production employees, theater workers, perform their job functions according to an individual daily schedule, agreed upon in the internal documents of the enterprise.

Reduced working hours and part-time work

In addition to the standard working hours, the Labor Code contains definitions of “reduced working hours” and “part-time working hours”. Essentially, these are similar labor circumstances, representing a duration of the work process that is less than the legally established standard.

Shortened working hours apply to certain groups of employees who, due to age, physical characteristics or specific working conditions, find it difficult to perform their job duties throughout the entire established standard work week. The employer is obliged to reduce the standard working hours for these workers.

Part-time work can be applied to both the workweek and the working day and is determined by agreement between the employee and the management of the organization. Only for some employees (for example, pregnant women) does the employer have an obligation to determine part-time work for them, but also only at the request of the employee.

The length of a working day or week is one of the terms of the employment contract between the employee and the management of the organization. Regarding the reasons for which the labor conditions established in the contract change, the law provides the following.

In accordance with Art. 74 of the Labor Code of the Russian Federation, previously agreed upon labor conditions can be changed in the event of upcoming organizational or technological changes, such as:

• changes in production technology or technology;
• regular reorganization of production;
• other changes.

If the agreed reforms can lead to large-scale layoffs of employees, the management of the enterprise, in order to preserve jobs, has the right to establish a procedure for part-time work (shift, day or week), having agreed on such changes with the trade union organization.

The law allows workers to be shortened for up to six months. If the cancellation of reduced working hours is planned earlier than the day specified for this day, the opinion of the trade union must be taken into account.

If the worker does not agree to work part-time, the employment contract with him may be terminated. The reason for dismissal in this situation will be staff reduction. In this case, the reduction procedure must be followed. The employee must be transferred all monetary payments that are established by law as compensation for layoffs.

How to arrange a shortened work week at the initiative of the employer

Shortened working week involves a strict preparatory procedure. Each stage is documented in writing.

So, to establish a part-time working regime at an enterprise, you need to:

1. Issue an order to the organization regarding upcoming changes in the work environment.

   The order must contain a systematic justification for the need for the declared changes; the structural divisions of the enterprise that will be affected by these innovations should be listed; the specific mode of operation during a shift, day or week is specified. In addition, the order must contain the start date of work in the new mode and the period for which it is introduced in the organization. The document must establish those responsible for notifying the team of employees. There is no strict form established by law for such an order, therefore the order for the enterprise is drawn up in free form, in the form that is usual for similar documents in a particular organization.

2. Notify employees.

   Each employee who will be affected by changes in the working regime must be notified of this 2 months before the upcoming changes. This is a very important stage in the transition to a new work arrangement, since failure to comply with this condition may lead to a judicial cancellation of the order on part-time work with the recovery of the difference in wages. Therefore, notification of changes must be in writing. Each employee must sign for the notice of change, indicating the date of receipt. If the employee does not want to sign the notice, you need to prepare a statement about this in the presence of 2 witnesses.

3. Inform the employment exchange.

   In accordance with paragraph 2 of Art. 25 of the Law “On Employment in the Russian Federation” dated April 19, 1991 No. 1032-1, within 3 days from the date of making the decision to establish part-time work in the organization, you must notify the employment service about this. If the employment authorities are not notified within the period established by law, a fine is possible in accordance with administrative legislation.

Remuneration for a shortened work week

Reducing the duration of working hours at the initiative of the employer, despite the natural increase in the rest period, is not very beneficial to employees, since the amount of wages is necessarily reduced. Rostrud, in letter dated 06/08/2007 No. 1619-6, specifically draws attention to the fact that when the length of working time is reduced, the salary decreases under any payment system (salary, tariff rates, mixed payment system).

When working under conditions of reduced working hours, labor is paid based on the actual time worked or the amount of work produced.

Meanwhile, part-time work should not affect the duration of vacation or other labor guarantees. The average daily wage for payments for sick leave, business trips, and vacation pay is calculated in the usual manner, despite the fact that the employee’s working conditions changed during the billing period.

It is important to distinguish between a shortened working week at the initiative of the employer and a shortened working week by force of law (Article 92 of the Labor Code of the Russian Federation). In the latter case, the reduction in working hours does not affect payment, but is the responsibility of the employer. The above-mentioned categories of workers receive the same salaries as full-time workers.

"Payment: accounting and taxation", 2009, N 1

Transition to part-time work: issues of legal regulation and remuneration

Today, downsizing an organization's workforce has become commonplace in times of economic crisis. But there is an opportunity to avoid procedures that are unpleasant for both parties - transferring employees to part-time work. Let's consider when this is possible, how wages are calculated in this case and what documents are required.

Rules of law

According to Art. 91 of the Labor Code of the Russian Federation, working time regime is the distribution of working time within a day or other calendar period, the beginning and end of daily work (shifts), the beginning and end of breaks for rest and food, as well as the time during which the employee, in accordance with the rules of internal labor regulations and the terms of the employment contract must perform labor duties.

At the same time, labor legislation establishes the following types of working time:

Normal working hours;

Reduced working hours;

Part-time work.

Based on Art. 91 of the Labor Code of the Russian Federation, normal working time is considered to be a work duration of 40 hours per week. This provision applies to all enterprises without exception, including private and individual ones, if the work is performed under normal working conditions and workers do not need special labor protection measures.

In cases where employees are engaged in work with harmful and (or) dangerous working conditions, they are provided with a shortened working week - no more than 36 hours per week (Article 92 of the Labor Code of the Russian Federation).

Reduced working hours are also provided for:

For workers under 16 years of age - no more than 24 hours a week;

For workers aged 16 to 18 years - no more than 35 hours per week;

For workers who are disabled people of group I or II - no more than 35 hours per week.

The length of working time for students of educational institutions under the age of 18, who work during the academic year in their free time from school, cannot exceed half of the norms established by Part 1 of this article for persons of the corresponding age.

Also, the Labor Code of the Russian Federation may provide for reduced working hours for other categories of workers (teaching, medical and other workers).

In contrast to the reduced work schedule, part-time work is introduced by agreement between the employee and the employer. Part-time work (shift) or part-time work week can be established both upon hiring and subsequently (Article 93 of the Labor Code of the Russian Federation).

Based on Part 5 of Art. 74 of the Labor Code of the Russian Federation, in the event that reasons associated with changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons) may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right to taking into account the opinion of the elected body of the primary trade union organization, introduce a part-time working day (shift) and (or) part-time working week for a period of up to six months.

If the initiative to establish part-time work comes from the employer, then the employee must be warned about this in writing no later than two months in advance (Part 2 of Article 74 of the Labor Code of the Russian Federation).

To do this, it is necessary to issue an order for the main activity of the enterprise.

│ LLC "Integral" │

│ Order No. 25 │

│ All workers must be familiarized with this order and signed. │

│ Director of LLC "Integral" Romanov A.N. Romanov │

┌─────────────────────────────────────────────────────────────────────────┐

│ Familiarization sheet │

│ With the order of the director of LLC "Integral" dated December 1, 2008 N 25 "About │

│ establishment of a three-day working week" has been familiarized with: │

│ Ivanov │

│1. Head of Production Department Petr Sergeevich Ivanov ------ 12/01/2008;│

│ Zakharova │

│2. Maintenance dispatcher Zakharova Olga Vasilievna -------- 02.12.2008; │

│ Kolosov │

│3. Operator-setter Kolosov Oleg Borisovich ------- 02.12.2008; │

│ Makeev │

│4. Operator-setter Makeev Sergey Alekseevich ------ 12/03/2008; │

└─────────────────────────────────────────────────────────────────────────┘

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to him (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid work), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If there is no corresponding work or the employee refuses the offered work, the employment contract is terminated by virtue of clause 7, part 1, art. 77 Labor Code of the Russian Federation.

But there are cases when the employer is obliged to establish a part-time working week or working day at the request of an employee, in particular pregnant women, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18) , as well as persons caring for sick family members according to a medical report (Part 1 of Article 93 of the Labor Code of the Russian Federation). To do this, you only need a personal statement from the employee addressed to the head of the organization. A part-time work week is established or canceled at the request of the employee, taking into account his personal circumstances.

In practice, it is possible to introduce a part-time working regime in the form of a part-time working week, part-time working day, or part-time working week and part-time working day at the same time.

Remuneration for part-time work

In Part 2 of Art. 93 of the Labor Code of the Russian Federation states that when working on a part-time basis, the employee’s wages are paid in proportion to the time he worked (for time-based wages) or depending on the volume of work performed (for piecework wages).

Example 1. The salary of an enterprise employee is 45,000 rubles. Due to a reduction in production volumes at the enterprise in October 2008, a three-day work week was established by order of the manager.

If with a full five-day working week according to the production calendar in October there are 23 working days, then taking into account three working days a week - 15. Consequently, the employee’s earnings in a part-time working week will be 29,347.83 rubles. (RUB 45,000 / 23 days x 15 days).

Example 2. Let's change the conditions of example 1: suppose that the employee was given a 6-hour working day instead of an 8-hour one, while he still had a five-day working week.

Salaries will be calculated in hours actually worked per month, not in days. The employee's salary for October 2008 will be 33,750 rubles. (RUB 45,000 / 184 h x 138 h).

According to Part 3 of Art. 93 of the Labor Code of the Russian Federation, part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights. For example, an employee who works part-time for 3 days a week or 24 hours is entitled to the same amount of paid annual leave as an employee who works 40 hours a week. The additional paid leave for irregular working hours provided for in Art. 119 Labor Code of the Russian Federation.

The procedure for calculating average earnings for vacation pay for employees who are assigned part-time work is no different from the general procedure.

I.A.Poproshaeva

Journal expert

"Salary:

Accounting

and taxation"

Signed for seal

Today, many organizations, due to economic problems, prefer to either reduce staffing levels or introduce part-time work. The Labor Code regulates this fact in Article 93.

Concept

Part-time work is understood as a form of employment where the duration of working time is less than that established by law. By joint agreement between the parties, during employment, as well as in the future, a shortened day may be established. Art. gives the right to do this. 93 Labor Code of the Russian Federation.

In addition, by agreement, the employee may be given a part-time working week, as well as the opportunity to divide the working day into parts. Part-time work is established both without a time limit and for a specific period of time.

Partial day

Labor legislation speaks of the possibility of organizing the work process in several modes:

1. Reducing the length of a working day or shift.
2. Reducing working days per week, but maintaining the length of the working day.
3. Reducing work activity per day by a certain number of hours.

But it is a mistake to combine the concepts of short-time work and part-time work. The Labor Code separates the main points of these two concepts.

For example, for certain categories of citizens, a shortened day is the labor norm. These are persons under 16 years of age, persons under the age of majority, disabled people and workers involved in production with hazardous working conditions.

More detailed norms for shortened working hours are specified in Article 92 of the Labor Code of the Russian Federation.

Who is eligible for part-time work?

The employer can provide:

• part-time work for a woman expecting a child;
• part-time for an employee who has a child under 14 years of age;
• part-time for an employee caring for a disabled child under 18 years of age;
• part-time for an employee who is caring for a sick family member based on a medical certificate.

In these cases, part-time working hours are established until the circumstances that constitute the basis for reducing working hours end.

Do I need a report card?

Working time sheets are maintained at all enterprises. Based on this document, employees are paid wages and information about working hours is tracked. Part-time work must also be noted on the report card. According to Resolution of the State Statistics Committee No. 1 dated January 5, 2004, in the case of a part-time day, the mark “NS” or “25” is placed in the document.

Payments

When choosing part-time work, you need to be prepared for the fact that not only the hours of work will be reduced, but also the pay. Part-time work, from an economic point of view, is beneficial to the employer. After all, the less an employee works, the less he will ultimately receive.

This fact is established by law: wages are calculated in proportion to the time worked by the employee, or payments are made for a specific amount of work performed (Article 93 of the Labor Code of the Russian Federation with comments).

As for vacation pay, these payments are made in full, regardless of the working hours. When calculating vacation pay, they take into account the total length of service and other labor rights. Shortened working hours cannot affect the duration of vacation. Also, the calculation of average earnings per day for accrual of sick leave, vacation pay or business trips occurs in the usual manner, according to regulatory documentation.

In the event that an employee performs his or her work outside the established schedule, this will be considered overtime work and must be paid accordingly. Work on weekends or holidays is paid double.

Every employee must remember that labor legislation protects his interests.

Decor

There are cases when a decrease in working hours is an objective reason. Therefore, the employee immediately thinks about how to document this. This process is not at all complicated. As mentioned earlier, initially part-time work can be formalized by agreement of the parties in an employment contract. Part-time work is prescribed as a regime for a specific employee (Article 93 of the Labor Code of the Russian Federation regulates specific categories of employees who have the right to work part-time).

In order to switch to a new work schedule, regardless of whether the decision was made by agreement of the parties or on the initiative of the employer or employee, the employee must write an application for part-time work. This is to some extent proof of the legality of the transition to this regime.

Further, based on the application, the authorized person issues an order to transfer a specific employee to part-time work. The employee becomes familiar with this document upon signature. After the order, an additional agreement must be signed between the parties on the introduction of a new operating mode. Actually, after such manipulations, the employee can start working on a new schedule.

Below is an order for part-time work (sample document).

Changes to the contract

If any employee has a different work schedule from the others, this fact must be reflected in the employment contract. If changes were made in a short time after employment, it makes sense to amend the document itself; in other cases, there is no need to change the entire contract. It is enough to draw up an additional agreement, which will reflect the key points of innovations in the work. Part-time work must be recorded in employment documents, which are issued only in writing. In other words, this fact cannot be recorded in words.

Often, for compelling reasons, the previous terms of an employment contract can no longer be observed. In such cases, changes may be allowed at the initiative of the manager. Employees must be notified several months in advance of possible changes and the reasons that led to this. The head of the organization notifies employees about the transition to part-time work. The Labor Code regulates this in Article 74.

These changes can take place if management is faced with the choice of either reducing staff as much as possible or maintaining work units but reducing working hours. By law, such a procedure can be provided for up to six months.

The most striking example is the situation with mass layoffs of staff due to the liquidation of an enterprise. The shortened working hours are determined in this case by one order for the organization, which all employees must familiarize themselves with upon signature. Also in this situation, each employee must give his consent or disagreement with the new work regime. And if the employee does not want to work under the new regime, the employment agreement is terminated automatically. In this case, the employee receives compensation payments.

Part-time for women on maternity leave

The most pressing issue, perhaps, is the work schedule of women on maternity leave, or more precisely, part-time work. Parental leave should not interfere with the desire to work, especially if the employer welcomes the employee’s early departure. She, in turn, will be able to get up to speed faster and not lose working skills.

It is important to remember that parental leave can be taken out by an employee before the child reaches 3 years of age. At the same time, her job remains. Labor legislation allows a woman to simultaneously be on maternity leave and go to work part-time. The Labor Code regulates this right in Part 3 of Article 256.

Let's consider the features of the working day for women on maternity leave. Labor law has no restrictions on the working hours of women with small children. There are several options:

1. The event must be indicated until the occurrence of which adjustments are made to the work schedule.
2. You don’t have to specify specific dates, since legislative norms do not stipulate exactly what the length of a woman’s working week on maternity leave should be. In fact, she can work a couple of hours or 39 hours a week.

If a worker works overtime, she must be paid overtime. It is also necessary to take into account the feeding hours included in working hours. To do this, the employee must submit an application for the provision of this time, and time for a break does not include this. Like all employees, a woman on maternity leave has the right to a shortened day before a holiday.

Any deviation from the normal work schedule must be compensated in the form of overtime pay or an additional day off.

Reduced working hours must be reflected in the timesheet. In case of a part-time work week, all days worked must be indicated; in case of a part-time work week, the actual hours worked must be indicated. For employees who are on maternity leave and at the same time performing their work duties, the marks on the report card have their own characteristics. To reflect the fact of parental leave itself and the time worked, two codes are entered in the report card.

As for documentation for a young mother, all the nuances of her work activity must be spelled out in the additional agreement. First, you need to write a statement indicating the employee’s desire to switch to part-time work and the period for which this work schedule should be established. Based on this application, an order is issued and an additional agreement is signed. The order issued by the manager must indicate the work schedule, taking into account a break for lunch, for feeding an infant, as well as days off. Wages are calculated based on time worked.

Part-time for students and pensioners

It is possible to formalize labor relations with full-time students on a general basis, in accordance with the principles of labor law. A contract can be concluded for a definite period or for an indefinite period. When an employment contract is signed with a student, Article 92 of the Labor Code of the Russian Federation must be observed, which specifies the length of working hours for students under 18 years of age who combine study and work.

This category of employees has the right to reduced working hours, namely no more than 18 hours per week. At the request of the student or by agreement of the parties, a part-time work schedule may be established:

1. Part-time work for students involves reducing working hours per day (for example, instead of 8 hours 4).
2. An incomplete week implies fewer working days.
3. Partial week with part-time work.

All of the above conditions must be recorded in the employment contract or additional agreement.

In addition to taking a part-time day, a student can apply for leave without saving money payments:

• for up to 15 days to undergo intermediate certification;
• for up to 4 months to prepare for the graduation project and pass state exams;
• for up to a month to pass state exams.

These conditions are acceptable only if the university has state accreditation.

As for working pensioners, current Russian legislation does not provide for part-time work for pensioners. Consequently, this category of employees is obliged to work according to established rules along with other employees, comply with all internal rules of the organization and work the prescribed hours.

Benefits and compensation

Article 93 of the Labor Code of the Russian Federation establishes the fact that every employee working part-time has the right to all the required guarantees, benefits and compensation. The organization must provide the employee with:

1. Basic annual leave.
2. Payment of sick leave on the basis of Federal Law-255.
3. Administrative leave in the amount specified in Article 128 of the Labor Code.
4. Accounting for work experience.
5. Permit for student leave.
6. Payment of compensation for work in the Far North.

Consequently, despite the reduction in working hours, the employee has the right to count on those benefits established by federal legislation.

Cancel mode

As the law says, working hours can be reduced at the request of the employer in agreement with trade union bodies and for no more than six months. But the manager also has the right to cancel a part-time work schedule earlier than the established deadlines. The employee also has the same right. He can make changes to his schedule in agreement with his manager.

As a rule, the main reasons for returning to the old work schedule is the elimination of those circumstances that led to a reduction in working hours.

Let's consider situations where the initiative to reduce time came from an employee. A pregnant woman may ask to be transferred to a part-time schedule until the end of maternity leave. But then the same employee has the right to leave her on a part-time basis until the child turns fourteen. But after reaching this age, the employee will have to return to her previous work schedule, providing the child’s birth certificate. Based on this document, an order will be issued stating the reasons for changing the labor regime. Also, in addition to the contract, an additional agreement must be signed.

In the case where personal circumstances served as the basis for reducing working hours, the employee, in order to return to the previous hours, will need to provide a package of documents and write an application for the cancellation of part-time work.

If the initiative to transfer employees to part-time work came from the organization’s management, then in order to return to the previous schedule it will be necessary to coordinate this fact with the trade union organization, notify employees two months in advance about the upcoming changes, and only then issue an order.

If the company plans to work full time on a reduced basis, then no additional documents will be required. At the end of the specified period, employment is restored automatically.

Let's look at a few examples. The organization encountered some difficulties due to the fact that the equipment at the enterprise that supplied the products broke down. The organization is forced to make purchases elsewhere and in smaller quantities, which in fact was the reason for the decrease in the number of sales. It is impossible to predict the timing of equipment repairs from the supplier, but the organization could adjust the working hours of employees. After all, finding new suppliers that meet all the requirements is much easier than incurring losses. And the organization can well afford to reduce the work schedule of all employees until the problem is resolved.

One more example. An employee of the organization has a child who goes to first grade. He must be picked up after class and monitored for homework completion. Moreover, this process must be carried out during working hours. For such cases, the law provides for a woman’s right to part-time work. Thanks to this, the employee can solve her problem by regulating family problems and without leaving work. This fact is fully stipulated in labor legislation and every employer must remember that evasion of the provided guarantee may entail administrative liability.

So, from all of the above it is clear that part-time work is regulated at the legislative level. Those categories of employees who certainly have the right to such a regime should know their capabilities and not be afraid to use them. In modern working conditions, it is very important to know legal regulations and be able to use them for their intended purpose. Moreover, such knowledge can help save a job.