Partial working hours are paid. On a part-time basis

By agreement between the employee and the employer, part-time work (shift) or part-time work may be established both upon hiring and subsequently. work week. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established federal laws and other regulatory legal acts Russian Federation.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Comments on Art. 93 Labor Code of the Russian Federation

1. The concept of “part-time work” 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 compared to what is established in the organization by the routine or schedule for this category of workers (for example, instead of 8 hours - 4 hours).

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).

2. As a general rule, part-time working time is established by agreement of the parties to the employment contract for a certain period or without specifying a period and is fixed in the employment contract or in an annex to it. In this case, the entry in work book It is not done according to the specified regime.

Part-time workers also work part-time. However, the duration of their work is established not by agreement of the parties, but by the employer and cannot exceed 4 hours a day and 16 hours a week (Article 284 of the Labor Code of the Russian Federation).

3. Part-time working hours may be established for any employee at his request and with the consent of the employer. However, in a number of cases, such a regime must be established by the employer without fail: 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.

Securing the right to mandatory establishment of a part-time working regime for only one of the parents with a child under the age of 14 (a disabled child under 18 years of age) means that if the need for such a regime arises for the second parent, he must resolve this issue in general procedure, i.e. by agreement with the employer.

Equally, in a general manner, the issue of part-time work should be resolved by other family members caring for a sick member of their family in accordance with a medical report, if one of the members of this family has already exercised, with their consent, the right to such a regime in preferential treatment.

In addition to what is mentioned in Part 1 of Art. 93 of the Labor Code of the Russian Federation for the category of workers, 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 (Articles 11 and 23 of the Federal Law " ABOUT social protection disabled people in the Russian Federation").

The employer’s refusal to satisfy the employee’s request in these cases can be appealed to the labor dispute resolution authorities.

4. Part-time workers have the same labor rights same as persons who work full time. Thus, persons working part-time 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 etc.

Unlike reduced working time, which is a complete measure of labor duration established by law for certain working conditions or categories of workers (see Article 92 of the Labor Code of the Russian Federation), part-time working time is only a part of this measure. Therefore, in case of part-time work, remuneration is made in proportion to the time worked or in case of piecework payment - depending on output.

Part-time work 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 conditions labor, taking into account the opinion of the elected trade union body of this organization for a period of up to 6 months.

For information on the procedure for transferring to this regime, see the commentary to Art. 73.

When accepting a new employee into an organization in accordance with the Labor Code of the Russian Federation, the employer must conclude in him employment contract, which stipulates under what working conditions and working hours the hiring is carried out.

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If for some reason an employee wants to work part-time, this right is enshrined in Article 93 of the Labor Code, then the manager cannot refuse him this.

What it is

Part-time working time is a time period established by mutual consent of the employee and manager, which will be less long than shortened or regular working hours.

It can be expressed in the format:

In addition, it is possible to simultaneously reduce the number of daily working hours and days per week. At the same time, the legislation does not establish a maximum or minimum time limit that an employee must work.

If a citizen works according to this type of schedule, then payment is made based on the time or volume of work performed.

It is worth noting that part-time work and shortened working hours are not the same thing. The second option is used when hiring certain categories of citizens, for example, a disabled person or a minor.

What does Article 93 of the Labor Code of the Russian Federation say?

Art. 93 of the Labor Code of the Russian Federation: part-time working time with comments in 2019 indicates that with the mutual consent of each of the parties to the employment contract, a part-time working time schedule can be established.

This can be done both when concluding a contract and at any convenient time. The duration of this type of schedule can be either unlimited or set for any period agreed upon between the parties.

In addition, the manager does not have the right to refuse transfer to part-time work:

pregnant women;
a citizen who is supporting a child under 14 years of age;
a person caring for a disabled child under 18 years of age;
citizens caring for a sick relative. The fact of illness must be confirmed by a medical certificate.

This work schedule is established for the period necessary for the employee himself, but it should not exceed the period of existence of the circumstances that served as the reason for the mandatory transfer to part-time work.

In this case, the working day is set at the request of the employee himself, taking into account the working conditions at a particular production site. If necessary, we will allow a return to full-time work.

Remuneration is calculated according to the format of the time spent or the volume of work done. Such a point may be provided for in an agreement or in a statement that regulates the transition to part time.

Working on a part-time schedule does not affect annual leave, length of service, or various options labor rights.

A comment

In fact, Article 93 enshrines the right of a number of categories of citizens to work part-time, which allows them to switch to a lighter version of work. It is worth considering that layoffs and part-time work are similar, but they are not the same thing.

Part-time working hours are assigned to various categories citizens, including pregnant women and persons caring for children or disabled people, as well as people in need of care.

If necessary, any employee can write an application to management about switching to part-time work; if the moment is included in the list established in Article 93, then this cannot be refused.

This applies to already employed citizens who require a special schedule and a reduced time load.

When hiring a part-time employee, all aspects are specified in the contract. The part-time itself can be expressed as either a part-time week or a part-time day, that is, the hours of work will be reduced on a daily basis.

Most often, part-time workers are given two options: working specific hours or the amount of work required. Most enterprises use the second option.

Features for maternity leave

At the legislative level, women on maternity leave are allowed to work part-time. This requires:

write an application addressed to the employer indicating the request for transfer to part-time;
draw up and present to the employee, against signature, an additional agreement to the employment contract, which will specify the exact number of working hours;
create an order for the return to work of an employee on maternity leave according to a part-time work schedule.

If, while working part-time until the child is three years old, a woman decides to return to maternity leave, then this requires drawing up a corresponding application addressed to the employer, who has no right to refuse.

The law also allows a woman to take another vacation, due for time worked before maternity leave. Its registration is carried out upon application.

Payment for maternity leave is made according to general rules, relating to all citizens working part-time. In this case, payments for the child must be accrued in full.

Each employee can work part-time. This desire can be expressed either at the time of concluding the contract or after a while and recorded in an additional agreement. Payment for labor must be made in proportion to that specified in the terms of the contract.

New edition of Art. 93 Labor Code of the Russian Federation

By agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.

The employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time working time is established for a period convenient for the employee, but no more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration daily work(shifts), start and end times of work, time of breaks in work, are set in accordance with the wishes of the employee, taking into account the conditions of production (work) for a given employer.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation

Part-time working hours are always less in duration than normal or reduced working hours. The term “part-time work” itself covers both part-time and part-time work. This type of working time is established by agreement between the employee and the employer, both upon hiring and subsequently. In addition, the employer (including an individual) is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14 (a disabled child under the age of 18) ), as well as a person caring for a sick family member in accordance with a medical report (clause 1 of Article 93 of the Labor Code of the Russian Federation).

In many ways, the regime of part-time work is still regulated by union acts of law (to the extent that does not contradict the Labor Code of the Russian Federation) and, in particular, by the Regulations on the procedure and conditions for the use of labor for women who have children and work part-time" dated 29 April 1980 N 111/8-51 It is established that when hiring a part-time worker, this is not recorded in the work book (clause 3 of the Regulations).

Both the working day and the working week can be part-time. Moreover, neither a minimum nor a maximum is established in the current legislation. According to the Regulations on the procedure and conditions for the use of labor for women with children and working part-time, part-time work was established, as a rule, at least 4 hours and no more than 20, 24 hours for a five- or six-day working week.

When working part-time, the employee works fewer hours than established by the routine or schedule for this enterprise for this category of workers, for example, instead of eight hours, four.

With a part-time working week, the number of working days is reduced compared to a five-day or six-day week.

Part-time work may consist of simultaneously reducing the working day and working week.

A part-time work schedule can also be used, when daily work is divided into parts (for example, morning and evening mail delivery to the company’s office, etc.).

Part-time working time can be established by agreement of the parties either without a time limit or for any period convenient for the employee mentioned in Article 93 of the Labor Code of the Russian Federation: for example, for a period school year child, for the period until he reaches 10 years old, etc. (Clause 4 of the Regulations).

Part-time working hours can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Thus, a transition to part-time work is possible due to changes in organizational or technical specifications labor, taking into account the opinion of the elected trade union body of this organization for a period of no more than six months. In cases where part-time work is introduced at an enterprise for all or individual employees on the initiative of the administration, the following rules must be observed:

1) as follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any essential terms of the employment contract can be changed, except for the labor function, i.e. the position (specialty) of the employee provided for in the employment contract, and the range of duties performed by him;

2) the employer must notify employees about the introduction of changes in writing no later than two months before their introduction (for employers - individuals a different period has been established - no less than 14 calendar days(Article 306 of the Labor Code of the Russian Federation)).

Since the legislation does not establish the form of notification, it can therefore be arbitrary. The main thing is that the text allows you to establish what the employee was notified about and when. The notice must bear the personal signature of the employee;

3) if the employee does not agree to work under the new conditions, the employer is obliged to offer him another job available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower-level position or a lower-paid job (also suitable for the employee’s qualifications and state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment agreement (contract) on the grounds provided for in paragraph 7 of Article 77 of the Labor Code of the Russian Federation (the employee’s refusal to continue working in connection with the change essential conditions labor) the employment contract with him is terminated with the provision of appropriate guarantees and compensation to the employee. Moreover, the employee has the right to express his disagreement and resign on this basis only until the introduction of a part-time working regime (for this purpose, the rule of a 2-month warning period has been established). If an employee changes his decision after the introduction of this regime, then he can resign only of his own free will.

Cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the organization’s employees. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any duration restrictions for workers annual leave, calculation of length of service and other labor rights.

Part-time work does not entail a reduction in the duration of the annual and study leave, the work time is counted in the length of service as full working time; bonuses for work performed are awarded on a general basis; Weekends and holidays are provided in accordance with labor legislation. However, payment for part-time work is made in proportion to the time worked or depending on output. Part-time working is one of the essential conditions of an employment contract.

Another comment on Art. 93 Labor Code of the Russian Federation

1. Part-time working time is working time determined by agreement between the employee and the employer, the duration of which is less than the normal working time established by the employer. If an employee, in accordance with the law (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, working time of a shorter duration will be considered incomplete compared to the corresponding standard of reduced working time.

2. Part-time working time can act as a part-time working week or as a part-time working day (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week, and working hours can be reduced by any number of hours or working days without any restrictions. Part-time or part-time work can be established both upon hiring and subsequently.

3. Part 1 art. 93 of the Labor Code of the Russian Federation determines the circle of persons whose requirement to establish part-time work is mandatory for the employer (a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation).

4. The use of part-time work leads, as a rule, to an increase in production efficiency and makes it possible to increase employment by using one workplace by two part-time workers, forming second shifts with part-time workers, etc.

5. The initiator of establishing part-time work is the employee. IN established by law In cases, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see Part 5 of Art. 74 of the Labor Code of the Russian Federation and commentary to it.

Part-time working time is a time established by agreement between the employee and the employer, shorter than the normal or reduced working hours for a given employer (Article 93 of the Labor Code of the Russian Federation). It is determined in the form of a part-time working day (in this case, the time of daily work is reduced, but the number of working days per week remains the same - 5 or 6) or in the form of a part-time working week (when the duration of the work shift does not change, but the number of working days per week is reduced ). It is also possible combined option when both the number of working hours per day and the number of working days per week decreases.

Wherein Labor Code does not set a minimum and maximum amount hours (days) by which the “basic” working time should be reduced. This issue is decided jointly by the employee and the employer. We also note that a part-time or part-time work week can be established either when an employee is hired or later. And if an employee works part-time, then his work is paid in proportion to the time he worked or depending on the amount of work performed.

Whom is the employer obliged to transfer to part-time work?

Part-time working hours can be established at the initiative of the employee. Moreover, the Labor Code of the Russian Federation names certain categories of employees whom the employer does not have the right to refuse if one of them asks to switch to part-time work.

A part-time working week or part-time working day at the initiative of the employee is mandatory (Article 93 of the Labor Code of the Russian Federation):

pregnant women;
one of the parents (guardian, trustee) who has a child under 14 years of age (disabled child under 18 years of age);
persons caring for a sick family member with an appropriate medical certificate.

In this case, part-time work is set for a period convenient for the employee, but while there are circumstances that do not allow him to work full time.

The remaining employees can be transferred to part-time work only if the employer does not object to this.

Part-time work at the initiative of the employer

Employees can also be transferred to a part-time work week (part-time) at the initiative of the employer. But only if the organizational or technological working conditions at the enterprise have changed, and this may lead to mass layoffs of workers. Then, for the purpose of preserving jobs, the employer can introduce a part-time working regime for up to 6 months, taking into account the opinion of the trade union organization, if there is one in the organization (

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

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

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

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

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

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

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

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

In what cases is part-time working time introduced?

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

— pregnant women;

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

— persons caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

- women on maternity leave.

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

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

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

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

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

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

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

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

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

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

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

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

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