Features of part-time work

The employee is given the right to agree with the management of the enterprise on an individual work schedule, according to which a part-time working day will be established (this is how many hours - no limits are established by law).
In Art. 93 of the Labor Code of the Russian Federation states that the part-time regime is characterized by maintaining a five-day (or six-day) week; the number of hours in each day will be adjusted. When working in shifts, you can not change the daily working hours, but reduce the number of shifts. The combined option involves simultaneously reducing the number of days and the duration of work during the day. The duration of the main working time on a part-time basis depends on the agreements between the employer and the employee. Such a schedule can be approved at the time of hiring and signing the employment contract. It is allowed to change the work regime at any time if a compromise is reached between the parties to the agreement and there is a documented consent of both parties. The Labor Code allows the introduction of part-time work at the initiative of the employee and the employer; payment is made in proportion to the period spent at the workplace.

Cases of mandatory transfer to part-time

Certain categories of employees have the right to demand that their management establish shorter working hours for them. Article 93 of the Labor Code of the Russian Federation provides for a limited list of persons whom the employer cannot refuse to reduce the working day or week:

· women who have confirmed their pregnancy with a certificate;

· parent or guardian (the norm is also relevant for trustees) who supports and raises the child until he reaches the age of 14 years;

· parents of a disabled minor child;

· persons caring for sick relatives based on a medical report.

In a situation with raising minor children, part-time work at the initiative of the employee can be established only for one of the spouses. The employer retains the right to request a certificate confirming the absence of reduced working hours from the second parent at his place of work. When a child reaches the established age limit, the employer is authorized to transfer the employee to full-time and full-week work.

The employer initiates a reduction in working hours

Situations with the forced transition of part of the personnel or the entire team of the enterprise to a reduced work schedule are permitted by law.

and a significant change in working conditions and technological procedures, or the emergence of financial difficulties, the organization may have a choice - to reduce staff or introduce part-time work at the initiative of the employer. The Labor Code allows reducing working hours for employees without taking into account their wishes for up to six months, but only to prevent mass layoffs (Article 74 of the Labor Code of the Russian Federation).

If one or more employees do not agree with the management’s decision to change the work schedule and introduce new working time standards, they can exercise the right to dismissal by reducing the number or staffing (clause 2 of Article 81 of the Labor Code of the Russian Federation). When part-time work is introduced - how to draw up an employment contract with hired personnel:

1. For newly hired team members, the changed working conditions are prescribed in the employment agreement and the hiring order. The documents can indicate the weekly duration of stay at the workplace or indicate the work schedule for each day.

2. For long-term employees, it is necessary to draw up an additional agreement to the previously signed contract.

If a maternity leaver works part-time, she will receive child care benefits and a salary for the hours actually worked. The employee has the right to choose a work schedule that is convenient for her; the employer cannot refuse her. Art. 256 in the third paragraph stipulates the possibility of fulfilling the labor function by maternity workers at home.

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In accordance with Art. 93 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, can be established both upon hiring and subsequently a part-time working day (shift) or a part-time working week... When working on a part-time basis, the employee’s remuneration is made in proportion to the time he worked or depending on the amount of work he has completed. 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. On the issue concerning the procedure and conditions for the use of labor for women who have children and work part-time, see 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. Paragraph 8 of the said Resolution provides: Labor regimes established for part-time work may provide for: a reduction in the duration of daily work (shift) by a certain number of working hours on all days of the working week; reducing the number of working days per week while maintaining normal p.

The length of the working day (shift), as a rule, should not be less than 4 hours and the working week - less than 20 - 24 hours, respectively, for a five- and six-day week. Depending on the specific production conditions, a different working time may be established. THUS: 1. Payment is made according to the time worked, i.e. IF THE STAFF SCHEDULE approves the salary for this position as 4,000 rubles, and the employee works at 0.5 times the rate, then payment is made at the rate of 2,000 rubles. (4000*0.5). 2. Sick leave: Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth for citizens subject to compulsory social insurance, approved by Decree of the Government of the Russian Federation of June 15, 2007 N 375. According to Art. 14 of the Federal Law of December 29, 2006 N 255-FZ “On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance” and clause. Regulations on benefits N 375 benefits are calculated based on the average earnings of the employee for the last 12 calendar months preceding the month of onset of temporary disability. Average daily earnings are determined by dividing the amount of earnings accrued for the billing period by the number of calendar days falling within this period, with the exception of calendar days falling during periods during which the employee retains average earnings in accordance with the law (clause 15 of the Regulation on Benefits No. 375 ).

When calculating the average daily earnings of the insured person necessary for calculating benefits, as well as when determining the amount of benefits to be paid, non-working holidays are included in the number of calendar days taken into account (clause 18 of the Regulation on Benefits No. 375).

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Part-time work and its types

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

Part-time and short-time work are not the same thing . In accordance with Art. 92 of the 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.

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Is it possible to work part-time full-time?

The components of wages are prescribed: salary, bonus, regional and other allowances and other payments. The official salary is indicated either in full for a full working day, but with a note indicating that wages are calculated in proportion to the amount of work done (or in proportion to the time worked, depending on the terms of employment), or in some cases - simply a specific amount of the established volume. It specifies the dates on which advances and wages are issued, in what cases deductions are collected from employees, as well as the amount of tax deductions.

Who is eligible for part-time work?

Art. 93 of the Labor Code of the Russian Federation allows any employee, by agreement with the employer, to establish a part-time working 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”).

How to enter part-time work

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 regime, 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, other working hours may be established.

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

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

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 Article 70 of the Labor Code of the Russian Federation , which establishes a closed list of categories of employees who are exempt from undergoing a probationary period. Among them there are no employees hired with a reduced number of hours.

Vacation pay

The Labor Code for workers transferred to part-time work does not provide for any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights (Article 93 of the Labor Code of the Russian Federation). This means that the provision of leave to such employees is carried out on a general basis, that is, they are entitled to an annual basic paid leave of the same duration as full-time employees: 28 calendar days or more than 28 calendar days if the employee belongs to a category for which the law provision is made for the provision of extended main leave (Article 115 of the Labor Code of the Russian Federation).

According to clause 61 of the Regulations of the Ministry of Internal Affairs of Russia N 750, employees of the Ministry of Internal Affairs bodies during regular annual, short-term, additional vacations are paid in the amount received by the day of departure for vacation in a regular position, including increases, allowances, additional payments, and coefficients. At the same time, compensation payments (for work at night, weekends and holidays, overtime) are not included in the salary paid for vacation.

As stated above, for employees with a part-time or part-time work week, the amount of compensation is determined in proportion to the established working hours.

The average daily earnings for paying vacations and paying compensation for unused vacations for employees (from among civilian personnel) when working part-time (part-time, part-time) is calculated by dividing the amount of wages actually accrued for the billing period by 12 and for the average monthly number of calendar days (29.4) (clause 12 of Regulations N 922 <2>).

<2> Decree of the Government of the Russian Federation of December 24, 2007 N 922 “On the specifics of the procedure for calculating average wages.”

If one or more months of the billing period are not fully worked out or time is excluded from it that is not taken into account when calculating vacation pay (clause

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 ( Article 93 of the Labor Code of the Russian Federation ).

Part-time work: is it possible to transfer all employees to this work schedule?

When a part-time working day is established, the amount of wages is 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, there is no need to change the salary system or make changes to the organization’s staffing table.

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 work duties beyond the number of working hours that are established for him during a part-time day is qualified as overtime work and is paid according to the rules established for the payment of overtime ( Article 99 of the 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.

Application for part-time work

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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 local government authorities , 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 ( Article 72 of the Labor Code of the Russian Federation ).

Additional agreement for part-time work

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Alternative to layoffs: part-time work

If part-time work is established upon hiring, the condition on the length of work time is immediately prescribed in the employment contract ( Article 57 of the 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 it 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.

Order establishing part-time work

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Important. Information about establishing a part-time working day is not entered into the employee’s work book and personal card.

Do I need to notify the employment service?

According to the general rule established by paragraph 2 of paragraph 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment of the Population in the Russian Federation,” organizations must notify the employment service about the establishment of a part-time working regime. This rule was established to control reductions in working hours throughout the organization (or in a large division). However, if part-time work is established for a specific employee on his initiative due to 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.

How to pay an employee who works part-time

The procedure for filling out a time sheet and calculating wages

Let's consider how to fill out a timesheet and calculation of wages (f. 0301007) for an employee working on a part-time basis, assigned to him at his request.

The duration of work during the day is indicated by the letter code “I” or the number “01”, indicating under the code the duration of time worked for each working day.

If an employee works part-time, additional non-working days are indicated on the timesheet as days off.

Example 3 . Accountant N.V. Proshina, who previously worked on a five-day working week, was given a four-day working week at her request. The working day is eight hours. We will issue a report card for the first half of October 2009.

From the completed timesheet it is clear that the accountant should be paid based on the results of the first half of the month for nine working days.

I.Zernova

Magazine editor

“Budget educational institutions:

accounting and tax accounting"

The watershed is the length of the working week. If it is below normal duration, then it is part-time work. In many countries (USA, Japan, UK, Sweden, etc.), the law establishes a threshold for the length of the working week from which part-time work is counted. And in Germany and Italy, part-time employment includes those who work less than normal hours.

Part-time work as a necessary measure

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

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 ( Articles 722, 157 of the Labor Code RF ).

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

Notification of establishment of part-time working hours

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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; delimitation of powers of 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).

Order on the introduction of part-time work

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Is it possible to set an employee a part-time working day when working a part-time week?

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 introduction of changes ( Part 2 of Article 74 of the Labor Code of the Russian Federation ). If you refuse to sign, a corresponding act is drawn up.

Notification of establishment of part-time working hours

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If employees agree to continue working part-time, an additional agreement to the employment contract is concluded with them. If there is disagreement, a dismissal order is issued under 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.

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 Resolution of the Plenum of the Supreme Court of the Russian Federation 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 in Article 74 of the Labor Code of the Russian Federation ) is 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.

Which document should state the condition that the employee works part-time?

The reasons for reintroducing part-time work should be different from the reasons for which it was introduced the last time. Otherwise, there is a risk that the employer’s actions may be regarded by the labor inspectorate or 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 brought to administrative liability under Art. 5.27 of the Code of Administrative Offences .

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. The employing organization as a legal entity can be fined in the amount of 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 part-time employees

In the list of employees of the organization, 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.

Is it necessary to notify the employment service about the introduction of part-time work in an organization?

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

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Payment for temporary disability

According to clause 71 of the Regulations of the Ministry of Internal Affairs of Russia No. 750, employees undergoing treatment continue to receive monetary compensation in the amount received on the day of illness, but not more than four months, except in cases where the current legislation provides for longer periods of treatment.

For employees with a part-time or part-time work week while they are undergoing treatment, the amount of monetary allowance is determined in proportion to the length of working time established for them.

In accordance with clause 16 of Regulation N 375 <3> in the event that the insured person (civilian personnel) is assigned part-time work (part-time work week, part-time work), the average daily earnings are determined by dividing the amount of earnings accrued for the billing period by the number of calendar days days falling within this period, with the exception of calendar days falling during periods that are not taken into account when calculating average earnings.

<3> Resolution of the Government of the Russian Federation of June 15, 2007 N 375 “On approval of the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth to citizens subject to compulsory social insurance.”

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.

Is it possible to work full-time?

InfoTC of the Russian Federation “Part-time working hours”. Students, part-time workers, parents/guardians of disabled children or employees caring for sick relatives have the right to work half a day. Reference. Concluding a part-time employment contract is possible in any field of activity of organizations. There are three types of part-time work:

1. part-time work in an organization.
2. Work from home.
3. Remote work/via the Internet.

Forms of part-time employment

• Part-time work – this is how the working day is characterized according to the established framework in accordance with Art.

73 of the Labor Code of the Russian Federation, not exceeding 8 hours a day and 40 hours a week.

• Partial working week - according to Art.

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 (Article 74 of the Labor Code of the Russian Federation). If the employee does not agree to switch to part-time work in such a situation, the employment contract with him is terminated, as in the case of a reduction in the number or staff (clause 2 of Article 81 of the Labor Code of the Russian Federation).

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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) who has 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). 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. When working part-time, an employee works fewer hours than established by the routine or schedule at a given enterprise for a given category of workers, for example, instead of eight hours, four hours. 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. Part-time working hours can be established by agreement of the parties, either without a time limit or at any time convenient for the employee, mentioned in Article 93 of the Labor Code of the Russian Federation. Part-time work does not entail a reduction in the duration of annual and educational 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.

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