Part-time work is established at the request of the employee. Part-time, half-time work

Standard working hours are not always convenient for both the employee and the employer due to economic and life realities. Current labor legislation the possibility of reducing the working day at the initiative of each party is provided. In order for a transfer to part-time work to be legal, both the employee and the employer must comply with a number of rules.

Part-time work and its types

Part-time working time means working hours less than normal, which, in accordance with Art. 91 Labor Code of the Russian Federation cannot exceed 40 hours per week. Provided the following types part-time:

part-time work (shift), in which the number of hours of work per day (shift) is reduced: for example, instead of the eight hours of work established at the enterprise, there are five or six hours;

incomplete work week, when the number of days of work is reduced, for example, three days a week instead of the established five days, while the number of hours of work on weekdays is not reduced.

Part-time and short-time working hours are not the same thing. According to Art. 92 Labor Code of the Russian Federation reduced working hours are established for certain categories of workers (under 16 years old, from 16 to 18 years old, disabled people of groups I and II, working in hazardous working conditions, etc.). The reduced working hours are always fixed (no more than 35.36 hours per week, etc.). The salary is paid in the same amount as employees working a standard 40 hours a week. When working part-time, the number of working hours is determined by agreement between the employer and the employee, and wages are paid in proportion to the time worked.

Who is eligible for part-time work?

Art. 93 Labor Code of the Russian Federation allows any employee, by agreement with the employer, to establish a part-time work schedule. At the same time, there is a circle of people whom the employing organization has no right to refuse: pregnant women; one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child - under the age of eighteen); persons caring for a sick family member; graduate students studying by correspondence (Article 19 of the Federal Law of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education”).

Women with children under the age of 14 can contact their employer with a request to establish a part-time working day, referring to Resolution of the USSR State Committee for Labor of April 29, 1980 N 111-8/51 “On approval of the Regulations on the procedure and conditions for the employment of women with children and part-time workers" (applied to the extent that does not contradict the provisions of the Labor Code of the Russian Federation). According to this Regulation part-time work can be established by agreement between management and an employee who has a child under the age of 14, for any period convenient for the employee or for an unlimited time. Based on clause 8 of the Regulations, when establishing a part-time work schedule, the length of the working day should not be less than 4 hours a day and 20 hours a week (with a 5-day working week). Depending on specific production conditions A different working time may be established.

An employer can hire on a part-time basis the following employees:

seasonal workers;

cleaners and au pairs to prepare lunches for employees;

lawyers and consultants in the field of law, taxes, etc.;

specialists in the field of information technology.

Situations are very common when qualified employees are hired part-time to complete short-term assignments (projects): designers, layout designers, application developers, copywriters, accountants.

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Part-time employees enjoy the same rights to annual basic paid leave, sick leave, calculation of seniority, etc. , as employees who work full time.

Important. The probationary period for persons entering part-time work is not reduced and ranges from one to three months. This follows from the article 70 Labor Code of the Russian Federation, which establishes a closed list of categories of employees who are exempt from probation. Among them there are no employees hired with a reduced number of hours.

How is work and rest paid for part-time work?

An employee who is assigned a part-time work schedule is paid in proportion to the time worked or the amount of work completed ( Art. 93 Labor Code of the Russian Federation).

Example

Manager Sidorova was hired with a salary of 30,000 rubles. with a standard 40-hour work week. From October 1, 2016, the employee, at her request, was transferred to part-time work - 6 hours a day. Remuneration is made in proportion to the time worked. For fully worked (part-time) hours, the employee must receive a salary of 22,500 rubles. (RUB 30,000 / 40 hours x 30 hours). There are 21 working days in October. Sidorova took 1 day at her own expense. Worked for 20 working days. Thus, Sidorova’s salary will be 21,428 rubles. (RUB 22,500/21 days X 20 days).

When a part-time working day is established, wages are reduced regardless of the remuneration system ( official salary, tariff rate, etc.). This was stated in the letter of Rostrud dated June 8, 2007 No. 1619-6. Thus, change the salary system and make changes to staffing table organization is not needed.

The average daily earnings when paying for vacations, sick leave and travel allowances for part-time workers are calculated in the standard manner. It does not matter if during the billing period the employee decided to change the working hours to part-time.

Important. Involving an employee in performing labor responsibilities beyond the number of working hours that are established for him during a part-time day, qualifies as overtime work and is paid according to the rules established for overtime payment ( Art. 99 Labor Code of the Russian Federation).

How to apply for part-time work

An employee who needs to switch to part-time work writes an application addressed to the head of the organization, indicating the reason, date of transition and the period of time for which he asks to reduce his daily number of hours of work. The application is registered by the HR department and sent to the manager for approval.

If an employee belongs to categories that cannot be denied part-time work, he must attach to the application a document confirming the basis for establishing such a work schedule: a certificate from the antenatal clinic about pregnancy, about the presence of dependents, a child’s birth certificate, a certificate from the authorities local government, housing department about the composition of the family, a certificate of incapacity for caring for a sick family member, a certificate confirming the fact that the child is disabled, a document confirming the appointment of a guardian, etc.

Changes are made to the employment contract with the employee, which are formalized by an additional agreement. It indicates the new working hours and the date from which the changes come into force. The agreement is drawn up in two copies and signed by the employee and the employer. Then one copy is given to the employee, about which a mark is placed on the employer’s copy, certified by the employee’s signature ( Art. 72 Labor Code of the Russian Federation).

If part-time work is established upon hiring, the condition on the length of work time is immediately prescribed in the employment contract ( Art. 57 Labor Code of the Russian Federation). At the same time, a corresponding entry is made in the employment order using the unified form No. T-1 (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). It is advisable to do this in the line “Conditions of employment, nature of work.”

If part-time work is introduced in the course of work, an order is issued indicating the date of establishment, the length of the employee’s working day, and the period for which it is introduced (if such a schedule is temporary). The organization draws up the order form independently. The employee must be familiar with the order against signature.

Important. Information on establishing part-time work in work book and the employee’s personal card are not entered.

How to draw up an employment contract for part-time work

Just as in ordinary employment contracts, an employment contract concluded on a part-time basis indicates the full name of the organization, the surname, first name, patronymic of the employee, as well as the following sections:

• general provisions, subject of the agreement;
• employee rights and responsibilities;
• rights and obligations of the employer;
• payment procedure and terms;
• start date of work, duration of the employment contract;
• liability of the parties;
• grounds for termination of the employment contract;
• date and place of signing, details of the parties.

The duration of the established part-time working day is considered the standard working time. The employee retains the right to a shortened working day preceding a holiday.

Question from practice

How to set part-time working hours?

The answer was prepared jointly with the editors

Nina Kovyazina answers,
Deputy Director of the Department medical education And personnel policy in healthcare of the Russian Ministry of Health

If an organization wants to introduce a part-time working regime, then notify all employees of this, signed by them, at least two months in advance. Those who refuse to work under the new conditions will be fired due to staff reduction. If a specific employee wants to switch to a part-time or part-time week, then enter into a written agreement with him.

The employer has the right to transfer an employee to part-time work based on his application. But in some cases it is impossible to refuse an employee ( ). The organization is obliged to establish a partial schedule upon request:

• pregnant woman;

• one of the parents, guardian, trustee with a child under 14 years of age or a disabled child under 18 years of age;
• an employee who cares for a sick family member in accordance with a medical report.

Ask your question to the experts

Do I need to notify the employment service?

By general rule, established by paragraph 2, paragraph 2, article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation", organizations must notify the employment service about the establishment of part-time working hours. This rule was established to control reductions in working hours throughout the entire organization (or in a large division). However, if part-time work is established for a specific employee on his initiative in connection with family circumstances or other personal reasons, notification is not required. This position is set out in the letter of Rostrud dated May 17, 2011 No. 1329-6-1. In these cases, the six-month limitation does not apply.

Part-time work as a necessary measure

An enterprise may, on its own initiative, introduce part-time work, but for a period of no more than six months ( Part 5 Art. 74 Labor Code of the Russian Federation). To do this, three conditions must be met:

change in organizational or technological conditions labor (changes in technology and production technology, improvement of jobs based on their certification, structural reorganization of production);

the possible occurrence as a result of changes carried out by the employer of such consequences as mass layoffs of workers.

The establishment of part-time work is aimed at preserving jobs.

If changes in organizational or technological working conditions have not occurred, but only the volume of production has decreased, and in connection with this the employing organization is unable to ensure full employment of employees, it is necessary to announce downtime and provide employees with associated guarantees ( Art. 722, 157 Labor Code of the Russian Federation).

Before introducing part-time work, the organization must notify the trade union body (if there is one) and the employment service.

Then an order is drawn up, which should contain: justification for the need to reduce daily work hours; names of structural units for which changes are expected to be introduced; period of validity of the introduced mode; separation of powers officials(for example, the HR department - to familiarize employees with the upcoming changes, the accounting department - to make payments in accordance with the reduction in working hours).

Based on the order, employees are notified in writing against receipt of upcoming changes to the terms of the employment contract, as well as the reasons that led to the need for such changes. This must be done no later than two months before the changes are introduced ( Part 2 of Article 74 of the Labor Code of the Russian Federation). If you refuse to sign, a corresponding act is drawn up.

If employees agree to continue working part-time, an additional agreement to the employment contract is concluded with them. If there is disagreement, an order for dismissal is issued. clause 2, part 1, article 81 of the Labor Code of the Russian Federation- in connection with a reduction in the number or staff of employees with the payment of all compensation provided for on this basis.

Practical situation

Part-time work: when the employee does not have the right to dictate his terms

The answer was prepared jointly with the editors of the magazine " »

Yulia DEVIATKOVA answers,
lawyer, leading expert of the magazine "Personnel Business"

A woman wants to take maternity leave and work part-time. Asks to shorten the day by 20 minutes. Do we have the right to establish such a regime? Will there be any problems with the FSS?

Anna Mironova, HR inspector (Pskov)

Shortening your workday by 20 minutes is risky. In this case, the Social Insurance Fund will not reimburse the costs of paying benefits. The employee retains the right to a monthly allowance for child care up to one and a half years old only if she has enough time for such care.

Important. The law does not limit the number of cases of introducing part-time work, but in each of them the employing organization must document the reasons for establishing such a regime, since if a dispute arises, the need for its introduction will have to be proven (clause 21 of the Plenum Resolution Supreme Court RF dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

The minimum period of time after which it is permissible to reintroduce part-time work (if there are grounds provided for Art. 74 Labor Code of the Russian Federation), not established by labor legislation. Therefore, it can be installed either immediately after the end of the previous period, or after a certain period of time. At the same time, it is necessary to observe a two-month warning period for employees about the new introduction of part-time work.

Reasons for reintroduction half day must be different from the reasons for which it was introduced last time. Otherwise, there is a risk that the employer’s actions may be considered labor inspectorate or by the court as an extension of the period for introducing part-time work, which is a violation of labor legislation. In this case, the organization may be held administratively liable for Art. 5.27 of the Code of Administrative Offenses.

Under this article, a fine of 1 thousand to 5 thousand rubles is imposed on officials, and if the person was previously subject to administrative punishment for a similar administrative offense - a fine of 10 thousand to 20 thousand rubles. or disqualification for a period of 1 to 3 years. Employer organization as entity may be fined from 30 thousand to 50 thousand rubles, and in case of repeated violation, the fine amount will be from 50 thousand to 70 thousand rubles.

Accounting for working time when introducing part-time work

In the working time sheet, the total duration of work under part-time work, introduced at the initiative of the enterprise in situations provided for by labor legislation, is noted digital code“25” or the letter “NS”.

Accounting for part-time employees

IN payroll of the organization's employees, part-time workers are included as whole units for each calendar day of the month, including those days when they do not work according to the terms of the employment contract, and weekends. At the same time, in the average number of employees hired on a part-time basis, they are taken into account in proportion to the time worked.

Employees transferred to part-time work on the initiative of the administration are counted as whole units.

Test yourself

1. After what period of time after the expiration of the period for introducing a part-time work regime, it is possible to establish it again if there are sufficient grounds:

• a. in six months;
• b. the deadline is not established by law, but it is necessary to notify employees of upcoming changes two months in advance;
• c. after two months.

2. What are the consequences of reintroducing the working day without changing the reasons for such changes:

• a. such actions are legal, the employer is not threatened Negative consequences;
• b. such actions may be regarded as an extension of the period for introducing part-time work, and the employer may be held liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation;
• c. no negative consequences are envisaged, however, the employer must additionally justify his actions with the relevant act.

3. Which category of employees does the employer have the right to refuse to establish a part-time work schedule:

• a. undergraduates and graduate students studying full-time;
• b. graduate students studying part-time;
• c. pregnant women.

4. What happens to the probationary period of an employee hired on a part-time basis:

• a. decreases to two weeks;
• b. the employee is released from the probationary period;
• c. probation remains the same, as a general rule - from 1 to 3 months.

5. How to apply for hiring an employee on a part-time basis:

• a. indicate this condition in the employment contract and employment order;
• b. specify this condition in the annex to the employment contract;
• c. indicate this condition in the employment contract, employment order and work book.

When accepting a new employee into an organization in accordance with the Labor Code of the Russian Federation, the employer must enter into an employment contract, which specifies the terms of employment and the length of the working day.

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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 a request for transfer to a part-time position;
• 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, immediately after the end of maternity leave, to take the next leave due for the time worked before maternity leave. Its registration is carried out upon application.

Payment for maternity leave is made according to general rules that apply 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.

Current version of Art. 93 of the Labor Code of the Russian Federation with comments and additions for 2018

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. 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 by federal laws and other regulatory legal acts of the 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 the annual basic paid leave, calculation of length of service and others. labor rights.

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

1. Part-time work is the implementation of work under conditions of working hours less than those established by law and regulatory documents.

________________
Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. M.: INFRA-M, 2006.

An employee can carry out his or her job duties part-time in two cases:
- if there is an agreement between the employee and the employer;
- mandatory due to legal requirements.

Two types of part-time work can be established:
- part-time work week;
- part-time work.

The employee and employer, by mutual agreement, decide which type of part-time work to give preference to.

The main condition for working part-time in the first case is the achievement of an agreement between the employee and the employer, enshrined in in writing signatures of both parties and being an integral part of the employment contract previously concluded by the parties.

In cases where a part-time working schedule is established for an employee directly upon hiring (for example, part-time work), this is stipulated in the employment contract concluded by the parties, and no additional agreement is required.

2. In addition, the legislator has established cases when the employer is obliged to establish part-time work for an employee:
- regarding pregnant women. For this category of workers, the employer is obliged to establish a part-time working week or part-time working day in accordance with the employee’s request. In this case, the number of working hours is determined by the woman based on her well-being. Note that labor legislation does not establish in this case minimum threshold for part-time work. Thus, the choice of the number of working hours per shift or working day or working week is made by the workers themselves, and the employer can only satisfy such a request. It is obligatory for the pregnant woman to express such a request in writing. It seems that when submitting an application to establish a part-time working schedule, a pregnant woman must submit relevant documents confirming the state of pregnancy, although this is not directly stated by the legislator. The employer will pay such an employee in proportion to the time worked during the month, which does not constitute any restriction or discrimination. In addition, in this case, the calculation of maternity benefits, as a general rule, is calculated in the amount of 100% of her average earnings (Article 11 of the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”). Thus, the smaller the number of working hours, the smaller the amount of benefits a pregnant woman can receive in the future;
- in relation to parents, guardians or trustees who have a child under the age of fourteen years (a disabled child under the age of eighteen). Legal status guardians and trustees is regulated by the Civil Code of the Russian Federation (ogkrf.ru) and the Federal Law of April 24, 2008 N 48-FZ “On guardianship and trusteeship”. Disabled children are persons with disabilities under the age of eighteen (see the Federal Law "On Social Protection of Disabled Persons in the Russian Federation").

The application of these employees for the opportunity to perform their duties on a part-time basis is accompanied by: a child’s birth certificate; document confirming relationship (for parents) (for example, adoption certificate); a document confirming the right to exercise guardianship or guardianship; documents confirming that the child has a disability.

In this case wage employees are also paid in proportion to the time worked by the employee;
- in relation to employees who, due to existing family and life circumstances, are caring for a sick family member. In this case, the specified category of employees must attach to a written application and submit to the employer documents confirming that their family member needs constant care in accordance with a medical report. The procedure for issuing the relevant medical report is established by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n “On approval of the Procedure for issuing certificates and medical reports by medical organizations.”

It seems that in all cases when an employee is assigned a part-time working regime based on the employee’s application, the employer must issue the appropriate order or instruction to establish a specific regime for a specific employee, indicating the duration work shift, working day or working week.

An important circumstance of performing work part-time, regardless of whether such a regime is established by agreement between the employee and the employer or on the basis of a written application from the employee, is the provision of full annual paid leave to employees. The legislator prohibits restrictions on annual basic leave.

In addition, it is prohibited to limit the length of service, as well as any other labor rights for workers exercising their job responsibilities in part-time mode.

Another comment to 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 or reduced working time established by the employer.

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. Moreover, working hours can be reduced by any number of hours or working days without restrictions. Part-time or part-time work can be established both upon hiring and subsequently.

3. Part 1 of the commented article defines the circle of persons whose requirement to establish part-time work is mandatory for the employer. The employer is also obliged to satisfy the disabled person’s request for part-time work if the disabled person’s individual program recommends a shorter working time than established by law (Article 224 of the Labor Code).

Other employees require the consent of the employer to establish part-time work.

4. 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. For the procedure for introducing part-time work at the initiative of the employer, see Art. 74 TC and commentary to it.

Consultations and comments from lawyers on the legislative system of the Russian Federation

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It is necessary to distinguish between the common concepts of “reduced” and “part-time working hours”, according to the Labor Code of the Russian Federation. If, in the case of a reduction in the duration of work, it is the employer who plans to preserve the health of employees by applying gentle conditions, then in the second case the initiative comes from one of the parties to the contract. This circumstance must be documented when signing the contract when applying for a job and is observed during the labor relationship.

Concept of part-time work

Considered incomplete working time, the period of which is less than the normative and legally established one - an 8-hour working day with a 5-day working week of 40 hours. Part-time working hours are established at special conditions activities mentioned in the work contract, and this amendment is made to the staffing table.

This work regime may relate to working days and weeks, distributed in equal shares with respect to each billing period.

These conditions should not entail any consequences for the employee: neither in determining the average wage, nor in establishing next vacation, or social compensation. That is, there is no significant difference between employees who have different working hours, even if they are hired part-time or work as a result of transfer from another department. Moreover, each of them has the right to apply for part-time work if special circumstances arise.

In accordance with Article 93 of the Labor Code of the Russian Federation, it is customary to distinguish between three types of part-time work:

• working day or shift - the number of working hours for each day (or shift) is reduced equally;
• incomplete week - only a reduction in the number of working days for the entire week, while maintaining the established 8-hour working time;
• combined mode - part-time work every day and week: the number of working hours and days is reduced. Example: four working days per week, lasting 4 hours.

All listed species part-time work can be applied to any employee, subject to the proper circumstances and taking into account the specifics of his work.

Established working modes

Regarding the Labor Code, the transition to part-time working hours occurs after the employee provides the required documents and issues an order signed by the head of the institution.

The employer's guarantee obligations and all benefits for the employee must be preserved in full, which he must not forget about and confidently declare his rights. The Labor Code of the Russian Federation, Part 3 of Article 93 states that the time actually worked by him is included in the total insurance period as full, and every weekend, as well as holidays, and leave, are granted to him without exception and on the usual basis.

Also, part-time work may be introduced for the entire organization, at the initiative of the director or employees.

Here, part-time work is calculated for each staff unit. This is advisable when a business is suffering losses and there is a choice - to reduce staff or reduce the duration of all working hours.

It is very important to adhere to the legislative rules when the administration initiates the introduction of such a regime, for the successful implementation of this measure and to avoid difficulties in the future.

Order on part-time work

The issuance of the order is preceded by the drawing up of an additional agreement for a new part-time working time to the existing employment contract with a specific employee. Its basis is the employee’s personal statement, signed by the manager and attached to the agreement.

The agreement states:

• duration of the working day (or shift);
• exact start time of work;
• end time.

A flexible (or “sliding”) schedule is fixed based on the results of the previous accounting period - year, month, etc. They are reflected in regulations for recording the summarized time worked (timesheet, etc.).

An order to establish part-time work must include the following information:

• name of company;
• location of the organization;
• date of issue of the order;
• mention of the relevant legislative act;
• list of supporting documents (application, additional agreement);
• number and date of the additional agreement;
• signatures of the manager and employee;
• seal of the organization.

In any budgetary institution the order to establish part-time work is agreed, first of all, with the head of the trade union and the chief accountant. Massively this mode announced when conditions arise that could trigger a series of layoffs.

The introduction of a part-time working regime is regulated by Article 74 of the Labor Code, according to which it can last up to 6 months to pursue the goal of preserving previous jobs in the institution.

Cancellation of the part-time regime occurs on the basis of a new order of the employer, by informing all employees. Important condition- agreement of each employee with the changed regime introduced for him.

Who applies for part-time work?

The following groups of workers have the right to apply for part-time work (Article 93 of the Labor Code):

• parent (guardian or trustee) of a child (children) under 14 years of age, or a disabled child under 18 years of age;
• caring for a sick relative who has a medical certificate in hand;
• female employees during pregnancy.

It should be noted that part-time work leaves the employee the right to receive social benefits from the state. Moreover, this can be not only the mother, but also any other close relative who provides care for the child (children), guardianship or trusteeship (Article 256 of the Labor Code of the Russian Federation). Who also has the right to part-time work.

It must be said that the right to part-time work is retained by each employee throughout his entire career. labor activity and can be documented not only at the time of employment, but also at any other time, with supporting documents attached (certificate of pregnancy, doctor’s report, etc.).

All differences between the work regime of a particular employee, from accepted standards in the organization must be included in the employment contract (Article 57 of the Labor Code). Just as changes in the regime are listed in the additional contractual agreement for part-time work, concluded in writing (Article 72 of the Labor Code).

Remuneration for part-time work

When switching to part-time work, the payment of wages is reduced in proportion to the work completed or the period worked. This fact does not depend on the payment system adopted in this institution. But the total salary for an employee may not reach the minimum wage, because, according to the law, the condition for paying the minimum wage is the development of a standard working time per month.

When calculating payments to an employee, even the fact that part-time work was established for him in the middle of the billing period is absolutely not significant. The employer can introduce these conditions, if not at the insistence of the employee, then in the presence of extraordinary factors.

To pay for sick leave, maternity benefits, and others, travel expenses and regular vacations, average earnings are also taken into account, without restrictions when switching to part-time work. For involvement in activities outside the hours determined for the employee by order of the manager, this is paid in accordance with the procedure for paying overtime work (Article 99 and Article 152 of the Labor Code). As well as work on weekends, with the existing part-time work week (Articles 113 and 153 of the Labor Code).

Rights of part-time workers

In order to avoid possible misunderstandings and litigation, employees should be aware of their rights related to the concept of “part-time work”, and also correctly interpret the provisions of the Labor Code. So, for example, in such cases, when the initiator of the introduction of new rules regarding an employee (or several persons) is the manager, employees are warned about this in advance - no later than 2 calendar months.

An employee may be against having a part-time working regime introduced in relation to his activities.

Then the employer is obliged to immediately, to the maximum extent possible short term, offer him another position that meets his professional skills and state of health, putting the offer in writing. In its absence, a vacant lower position with lower pay is offered.

If there are none in this institution, then the employment contract, if the employee does not agree to switch to part-time work, is terminated, in connection with clause 7, part 1, article 77 of the Labor Code. The employee is also notified in writing that there are no suitable vacancies and this entails termination of cooperation.

All benefits, compensation, guarantees for an employee switching to part-time (weekly) work are retained in full. This is provided for by modern legislation and cannot be violated.

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Child care leave up to 1.5 years

I am on leave to care for a child up to 1.5 years old. And I work part-time. Can I take 5 work shifts without pay? For the trip. And how to apply.

Ekaterina 22.11.2018 20:32

Hello! According to Art. 128 of the Labor Code of the Russian Federation for family circumstances and others good reasons an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application from the employee, to provide leave without pay to: participants of the Great Patriotic War- up to 35 calendar days per year; for working old-age pensioners (by age) - up to 14 calendar days per year; parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system who died or died as a result of injury, contusion or injury received in the performance of duties military service(service), or due to illness associated with military service (service) - up to 14 calendar days a year; for working disabled people - up to 60 calendar days per year; employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days; in other cases provided for by this Code, other federal laws or a collective agreement.

Yurenev Vitaly Anatolievich 23.11.2018 11:17

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I completely agree with my colleague.

Mulikov Maxim 11/24/2018 12:00

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Part-time working hours, working hours

According to the internal regulations, the working hours are from 8 to 14.30, the employee wants to work part-time at 0.5 times the rate from 14.00 to 17.00. Is this possible? if time runs out.

Alena 11/14/2018 06:56

Good afternoon According to Art. 93 of the 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. If the employer does not agree with the conditions, he may not establish this work schedule. We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - “MIP”.

Pastukhov Sergey Stanislavovich 14.11.2018 11:08

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I completely agree with my colleague.

Fedorova Lyubov Petrovna 15.11.2018 13:13

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Part time

Hello. I am returning to work from maternity leave and I have 3 months of training ahead of me. How can I exercise my right to work a part-time day or week? Thank you

Natalya 07/19/2018 23:34

Good afternoon According to Art. 93 of the 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 accordance with the procedure 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 not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer. When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed. Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Nazarova Evgenia Viktorovna 17.09.2018 13:54

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For a more detailed answer, please contact our company.

18.09.2018 12:12

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Part-time work

Hello! I am registering guardianship over an incapacitated relative (Grandmother). Recognized by the court as an incompetent citizen with a diagnosis of dementia. Am I eligible for part-time work?

Oleg 12/13/2017 00:20

Hello Oleg! You have the right to part-time work, according to Art. 93 of the Labor Code of the Russian Federation, if you are caring for a sick person, in accordance with a medical report in the form, according to the order of the Ministry of Health and Social Development of the Russian Federation No. 441n.

Fedorova Lyubov Petrovna 13.12.2017 12:42

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