What is part-time work? Shortened working week at the initiative of the employer

1. The term “part-time working time”, used in Article 93 of the Labor Code of the Russian Federation, covers both part-time work and part-time work week.

With a part-time working day, the number of hours of work per day is reduced in comparison with what is established in the organization by the 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 working time 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).

A number of enterprises are experiencing economic difficulties in the new year caused by the lack of new contracts, a decrease in production and sales volumes, and a lack of working capital. Our enterprise was no exception. Therefore, the company’s management decided to reduce labor costs by introducing a part-time working regime, considering that employees have high labor productivity and will cope with their responsibilities in a part-time (four-day) working week. Let's consider the procedure for introducing part-time work at an enterprise.

The administration of the enterprise has two ways - to formalize and pay for downtime at the enterprise, or to formalize an agreement with the employee to introduce a part-time working week.

Downtime at the initiative of the employer; due to circumstances beyond the control of either the employee or the employer, it involves payment in the amount of at least 2/3 of the employee.

Therefore, employers choose the second option and announce the introduction of part-time work at the enterprise.

Introduction of part-time working hours at the initiative of the employer

In this case, it is impossible to introduce a part-time regime due to the organization’s lack of profit, a decrease in sales volumes or an economic crisis.
Labor legislation, as reasons for introducing part-time work, allows only changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons).

In order to avoid claims from the labor inspectorate, management coordinates its decision with the trade union (if any), and also notifies the employment service authorities about upcoming changes to the working hours.

The company publishes order on the introduction of part-time working hours.

Given to all employees statement, in which they ask for a part-time working week.

Attached to the application additional agreement to the employment contract, which states:

– a part-time working week is established;

It is worth paying attention to the restriction established regarding the duration of the part-time working week regime - it cannot exceed six months.

The part-time working regime does not affect the duration, calculation of length of service and other labor rights.

The employee has right to refuse to work in part-time mode. If an employee does not want to work part-time or part-time, the employment contract is terminated at the initiative of the employer on the basis of a reduction in the number or staff of the organization's employees or by agreement of the parties. The employee is provided with appropriate guarantees and...

Examples of payroll calculations for part-time work

Example 1

In March 2014 – 20 work shifts; in April 2014 – 22 work shifts; in May 2014 – 19 work shifts (according to the production calendar).

30,000 rubles/20 shifts x 18 worked shifts = 27,000 rubles.

RUB 30,000/22 shifts x 18 shifts worked = RUB 24,545.46

RUB 30,000/19 shifts x 18 shifts worked = RUB 28,421.05

Example 2

Sergeev A.N. from March 17, 2014 to May 18, 2014 will work part-time. His monthly salary is 30,000 rubles.
In March 2014 – 159 working hours; in April 2014 – 175 working hours; in May 2014 – 151 working hours (according to the production calendar).

Salary for March 2014 will be:

30,000 rubles/159 hours x 143 hours worked = 26,981.13 rubles.

Salary for April 2014 will be:

30,000 rubles/175 hours x 143 hours worked = 24,514.29 rubles.

Salary for May 2014 will be:

30,000 rubles/151 hours x 143 hours worked = 28,410.60 rubles.

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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 in comparison with what is established in the organization by the 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 working time 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).

Transferring employees to part-time work is a measure necessary to save money for the enterprise. As a rule, it is relevant in times of financial crisis. If there is a lack of economic resources, the employer has two options for solving the problem: either reducing staff, or shortening the working week and commensurately reducing spending on salaries. The latter measure is preferable.

According to Convention No. 175 and State Labor Committee Regulation No. 111/8-51, a week is considered incomplete if its duration is less than 40 hours. Transfer to a part-time week at the initiative of the employee and at the initiative of the employer are procedures that differ significantly from each other.

Transition to a new regime on the initiative of workers

An employee has the right to ask the employer to reduce the working hours. To do this, you need to send a corresponding application to the director. The transition to a part-time week can be done in three ways:

1. Reducing the duration of each working day.
2. Reducing the number of shifts per week while maintaining the length of the working day.
3. A combination of these options.

In the application, the employee must indicate which particular scheme for reducing the regime is preferable for him. You also need to provide the following information:

• Preferred shift duration.
• Duration of the new regime.
• Date of introduction of the schedule.

Article 93 of the Labor Code of the Russian Federation provides a list of employees whom the employer cannot refuse to transfer to a part-time week:

• Pregnant women.
• Parents of a child under 14 years of age or under 18 years of age if he has a disability.
• A person who is caring for a relative with a serious illness.
• Parents of a child under 1.5 years old.

If the employer refuses to reduce work for these categories of employees, they can challenge this decision in a judicial body. After the manager has received the application, he should discuss the future work schedule with the employee. Based on the results of the agreement, an agreement is drawn up and attached to the employment contract. The agreement must be executed in two copies. Each of them is signed by the employee and the employer.

NOTE! There are no restrictions in legislation regarding shortening the working week.

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

A partial week can be introduced either when an employee is hired, or if there is already a specialist on staff. The introduction of the schedule in question is quite convenient for the employer. This is a more preferable option regarding staff reduction. When carrying out the procedure, it is required to be based on current regulations.

It makes sense to introduce a part-time working week in the following cases:

• New equipment was put into operation at the enterprise.
• Various developments have been introduced, including as a result of scientific research.
• Reorganization has been carried out.
• The company has changed its profile.
• New methods of control and planning were introduced.
• Production management has changed.
• Workplaces were improved after certification.

IMPORTANT! Do not confuse the concepts of “shortened” and “partial” weeks. Reduced working hours - 36 hours per week instead of 40 (24 for minor employees) - are provided for special working conditions or special categories of workers. And incomplete work can be arbitrary and is established by agreement, both during employment and later.

When introducing a new schedule, the employer must coordinate its initiative with the trade union. To do this, you need to draw up an appropriate draft order. The document contains the following information:

• Deadline for introducing the new schedule.
• Form of regime (reduction of hours or days).
• Employees for whom the schedule is being introduced.
• Reasons for innovation.

Within five days, the union must prepare a response in writing. The employer must listen to the opinion of the institution. However, he has the right to go against the union. But it must be ensured that trade union employees have the right to appeal to the labor inspectorate or judicial authority.

IMPORTANT! A part-time working week is introduced for a limited period. The maximum period is six months, as established by Part 5 of Article 74 of the Labor Code of the Russian Federation.

When approving a new schedule, you need to keep the following rules in mind:

• Employees must receive appropriate notifications 2 months before the introduction of the new schedule.
• Payment is made in proportion to working hours. That is, the company reduces the cost of paying salaries.
• Work on a reduced schedule is included in the length of service.
• Such work does not affect the duration of the vacation or the provision of other guarantees.

Switching to a part-time week usually means another day off. These days will not be paid.

• The reduced working hours schedule is not reflected in the work book.
• Such employees receive sick leave, maternity leave, vacation pay and other payments in full, without reductions.
• It is not necessary to issue an order to change the staffing table.
• It is possible to hire another part-time employee with the same part-time work schedule, or you can arrange a combination with another employee.

In addition, with a part-time work week, employees lose the right to a “short” day before a holiday or day off.

What if the employees don’t want to?

Hired personnel have the right to disagree with the employer's demands. No one can force a person to work on a different schedule if he does not want to. However, the legislation does not require management to take into account the will and seek the consent of employees to introduce a part-time work week, but only to notify them in advance. What response options does an employee have who is categorically not satisfied with such a schedule?

1. Leave work at your own request or by agreement of the parties.
2. Be fired due to a reduction in headcount or staff (at the initiative of the employer).

The procedure for transferring to an incomplete week

Let's consider the procedure for establishing innovations at the initiative of an employee:

1. Receiving a statement from an employee.
2. Drawing up an order for an incomplete schedule.
3. Drawing up a supporting agreement with relevant information, which is attached to the employment contract.

The procedure for approving the schedule at the will of the employer:

1. Drawing up a draft order.
2. Submitting the project to the trade union.
3. Employees are notified of schedule changes.
4. Issuance of the corresponding order.
5. Sending a notification of a change in schedule to the employment center.

Notification to the employment center must be sent within three days from the date of approval of the decision. If the employer fails to do this, he is subject to liability in the form of a fine. The manager will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. Changed data must also be sent to the statistical authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics agency by the 8th day of the month following the reporting quarter.

Features of drawing up an order to approve an incomplete week

When introducing an incomplete week, an order must be issued. It is compiled in free form, but it is necessary to reflect the following information:

• Reasons for innovation.
• Shape of the schedule.
• Length of the working day.
• Length of lunch break.
• Schedule validity period.
• Composition of employees or departments for which a partial week is introduced.
• Features of calculating earnings.
• Forms of payment of funds.

The order must be signed by all key persons of the company: the manager, the chief accountant, the HR manager, the employee for whom the schedule is being introduced.

IMPORTANT! If the schedule is introduced in relation to a specialist who gets a job in a company, this must be recorded in the order for hiring the employee.

What should not be done when introducing a part-time working week?

The new schedule must comply with the law. The employer must keep in mind the following prohibitions:

• Introduction of an incomplete week for a period exceeding 6 months.
• Application of the schedule: rest for a week, work for a week.
• Introduction of a “floating” schedule. A “floating” schedule means an unequal number of hours per week.

The employer is not recommended to contradict the opinion of the trade union. This can be done, but disagreements are fraught with trial or inspection by the labor inspectorate. The manager must keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.

Legislative innovations regarding part-time work

In 2017-2018, some changes were made to the laws regulating working hours, including part-time work.

1. From June 26, 2017, it is possible to establish not only a part-time shift or a part-time working week, but also to reduce the daily length of the working day (Article 93 of the Labor Code of the Russian Federation).
2. The law allowed the employer not to arrange lunch breaks if his staff works on a reduced schedule with working hours of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).