Part-time: Labor Code, Art. 93 "Part-time work". Art. 92 of the Labor Code of the Russian Federation "Reduced working hours"
Today, many organizations in connection with economic problems prefer to either reduce the staffing or enter part-time. The labor code regulates this fact in article 93.
Under the part-time day understand the form of employment, where the duration of labor time is less than the statutory. Under a joint agreement between the parties in the employment, as well as in the future, a shortened day can be established. It gives the right to Art. 93 of the Labor Code of the Russian Federation.
In addition, by agreement with the employee, an incomplete working week can be established, as well as the ability to divide the work day into parts.Part-time work is set as an unlimited period of time, and for a specific period of time.
Labor legislation suggests the possibility of organizing the work process in several modes:
- Reducing the duration of the work day or shift.
- Reduction of working days per week, but maintaining the duration of the working day.
- Reduction of work per day for a certain number of hours.
But it is a mistake to combine the concepts of abbreviated day and part-time work. The Labor Code shares the main points of these two concepts.
For example, for certain categories of citizens, a shortened day is a labor rate. These are persons under the age of 16, persons who have not reached the age of majority, disabled people and workers involved in production with hazardous working conditions.
More detailed standards of reduced working time are specified in article 92 of the Labor Code of the Russian Federation
Who is given part-time work
The employer can provide:
- part-time work for a woman expecting a child;
- part-time for an employee who has a child under 14;
- part-time employee caring for a disabled child under 18 years of age;
- part-time employee who cares for a sick family member after medical treatment.
In these cases, part-time work is established until the circumstances that are the basis for the reduction of working time are over.
Do I need a timesheet
The time sheet is maintained in all enterprises. Focusing on this document, employees are paid a salary and track information on working hours. Part-time work must also be noted in the report card. According to Goskomstat's decree No. 1 of January 5, 2004, under the conditions of an incomplete day, the note “NS” or “25” is placed in the document.
Choosing part-time, you need to be prepared for the fact that not only working hours, but also payment are reduced. Part-time work, from an economic point of view, is beneficial to the employer. After all, the less an employee works, the less he will receive in the end.
This fact is established by law: salary is accrued in proportion to the time that an employee has worked, or payments are made for a specific amount of work done (article 93 of the Labor Code with comments).
As for vacation pay, these payments are made in full, regardless of the mode of operation.When calculating vacation pay, they take into account the total working experience and other labor rights. Shorter working hours can not affect the duration of the vacation. Also, the calculation of the average earnings per day for accrual of sick leave, vacation pay or travel expenses occurs in the usual manner, according to the regulatory documentation.
In the event that an employee performs his or her work activity beyond the established schedule, this will be considered overtime work and must be paid accordingly. Work on weekends or holidays is paid in double.
Every employee should remember that labor law protects his interests.
There are cases when a decrease in working time is an objective reason. Therefore, the employee immediately thinks how to make it documented. This process is not complicated at all. As mentioned earlier, initially part-time work can be executed by agreement of the parties by an employment contract. Part-time is prescribed as a mode for a specific employee (Article 93 of the Labor Code of the Russian Federation regulates specific categories of workers who have the right to work part-time).
In order to switch to a new mode of operation, regardless of whether the decision was made by agreement of the parties, at the initiative of the employer or employee, the employee must write a statement for part-time work. This is to some extent a proof of the right of transition to this regime.
Further, on the basis of the application, the authorized person issues an order to transfer a specific employee to part-time. With this document, the employee gets acquainted with the signature. After the order, the parties must sign an additional agreement on the introduction of a new mode of operation. Actually, after such manipulations, the employee can start work on a new schedule.
Below is an order for part-time work (sample document).
Changes in the contract
If any of the employees have a work schedule different from the others, this fact should be reflected in the employment contract. If the changes were made in a short time after employment, it makes sense to amend the document itself in other cases it is not necessary to change the entire contract. It is enough to issue an additional agreement, where the key moments of innovations in work will be reflected.Part-time work must be recorded in the labor documents, which are issued only in writing. In other words, in words this fact cannot be fixed.
Often, for good reasons, the previous conditions of the employment contract can no longer be respected. In such cases, at the initiative of the head changes may be allowed. Employees should be notified within a few months about possible changes and the reasons for this being transferred. The head of the organization notifies employees about the transition to part-time work. The labor code regulates this by article 74.
These changes can take place if the management is faced with the choice of either reducing the staff as much as possible, or saving the work units, but reducing the working time. Legally, such a procedure may be provided for up to six months.
The most striking example is the situation with the massive dismissal of the state due to the liquidation of the enterprise. The reduced working time in this case is determined by one order by organization, with which all employees must familiarize themselves against painting.Also in this situation, each employee must give his consent or disagreement with the new mode of operation. And if the employee does not want to carry out labor activity under the new regime, the employment agreement is terminated automatically. In this case, the employee receives compensation payments.
Part-time for women on maternity leave
The most pressing, perhaps, is such a question as the work schedule of women on maternity leave, or more precisely, part-time work. Parental leave should not prevent the desire to work, especially if the employer welcomes the employee’s advance leave. She, in turn, will be able to quickly get up to date and not lose working skills.
It is important to remember that parental leave can be issued by an employee until the child is 3 years old. At the same time the workplace behind it remains. Labor legislation allows a woman to be on maternity leave at the same time and to work part-time. The labor code regulates this right by part 3 of article 256.
Consider the features of the working day for women on maternity leave.Labor law has no restrictions on the time of work of a woman with small children. There are several options:
- The event must be indicated, before the occurrence of which adjustments are made to the work schedule.
- You can not specify a specific date, since the legislation does not provide for what exactly the length of the working week of a woman should be in a decree. In fact, she can work a couple of hours and 39 hours a week.
If a worker processes, she must be paid overtime. Also be sure to take into account the hours for feeding included in labor time. To do this, the employee must make an application for the provision of this time, and the time for a break does not apply here. Like all employees, a woman on maternity leave is entitled to a shortened day before the holiday.
Any deviation from the normalized work schedule should be compensated in the form of overtime pay or as an additional day off.
Shorter working hours should be reflected in the report card. In the case of an incomplete working week, all days worked must be indicated; in case of an incomplete day, the hours worked in fact.For employees who are on maternity leave and at the same time perform their duties, the notes in the report card have their own characteristics. To reflect the fact of the parental leave and the time worked, two codes are put down in the report card.
As for the documentation for the young mother, all the nuances of her work activity should be spelled out in the additional agreement. First, you need to write a statement indicating the employee’s desire to move to part-time work and the period to which this work schedule should be set. Based on this statement, an order is issued and an additional agreement is signed. The order, which is issued by the head, must specify the work schedule, taking into account the lunch break, infant feeding, and weekends. Salary is calculated based on the hours worked.
Part-time for students and pensioners
It is possible to register employment relations with full-time students on a general basis, in accordance with the principles of labor law. It is possible to conclude an agreement both for a definite period and for an indefinite one.When an employment contract is signed with a student, Article 92 of the Labor Code of the Russian Federation must be respected, which indicates the duration of working time for students under 18 years old, combining education and work.
This category of employees is entitled to reduced working hours, namely, not more than 18 hours per week. At the request of the student or by agreement of the parties, part-time work may be established:
- Part-time work for students implies a decrease in working hours per day (for example, instead of 8 hours 4).
- A partial week implies a decrease in working days.
- Part time with part time.
All of the above conditions must be fixed in the employment contract or additional agreement.
In addition to completing a part-time day, a student can apply for leave without saving cash payments:
- up to 15 days to pass intermediate certification;
- up to 4 months to prepare for the graduation project and pass state examinations;
- for up to a month to pass state examinations.
These conditions are acceptable only if the university has state accreditation.
As for working pensioners, the current Russian legislation does not provide for part-time work for pensioners. Consequently, this category of employees is obliged to work according to the established rules along with the rest of the employees, to observe all the internal rules of the organization and work out the proper hours.
Benefits and compensation
Article 93 of the Labor Code of the Russian Federation establishes the fact that every employee who works part-time is entitled to all the required guarantees, benefits and compensation. The organization must provide the employee:
- The main annual leave.
- Payment of sick-list on the basis of FZ-255.
- Administrative leave in the amount specified in Article 128 of the Labor Code.
- Accounting working experience.
- Permission for student leave.
- Payment of compensation for work in the Far North.
Consequently, despite the reduction in working hours, the employee is entitled to count on those benefits that are established by federal law.
According to the legislation, at the request of the employer, it is possible to reduce working hours by agreement with the trade union bodies and not more than six months. But also in the right of the head to cancel the incomplete work schedule of earlier established terms.The employee has the same right. He can make changes to his schedule as agreed with the supervisor.
As a rule, the main reasons for returning to the old work schedule are the elimination of the circumstances that led to the reduction of labor time.
Consider the situation when the initiative to reduce the time came from the employee. A pregnant woman may ask to transfer her on an incomplete schedule until the end of maternity leave. But then the same employee has the right to leave her on a part-time basis until the age of fourteen. But after the onset of this age, the employee will have to return to the previous operating mode, while providing a birth certificate for the child. On the basis of this document, an order will be issued, where the reasons for changing the labor regime are written. Also, in addition to the contract, an additional agreement should be signed.
In the case when personal circumstances served as the basis for the reduction of working time, the employee would need to submit a package of documents and write an application to cancel part-time work in order to return to previous hours.
If the initiative to transfer part-time employees came from the organization’s management, then to return the previous schedule, it will be necessary to coordinate this fact with the trade union organization, notify the employees about the forthcoming changes within two months and then issue an order.
If the company plans to work on a reduced time full time, then no additional documents are required. At the end of the specified period, employment is restored automatically.
Consider a few examples. The organization had some difficulties due to the fact that the equipment in the enterprise, which is a supplier of products, was broken. The organization is forced to make purchases elsewhere and in smaller quantities, which in fact was the reason for the decrease in the number of sales. The timing of the equipment repair at the supplier cannot be predicted, but the organization could adjust the staff time. After all, finding new suppliers that meet all the requirements is much easier than suffering losses. And the organization can easily afford in this case to reduce the work schedule of all employees until the problem is solved.
One more example.The employee of the organization has a child who goes to the first class. It is necessary to pick up after classes and monitor the implementation of homework. In this case, this process should be carried out precisely during the working time. For such cases, the law provides for the right of women to part-time. Thanks to this, an employee can solve her problem by regulating family problems and not giving up her work. This fact is fully spelled out in the labor law and every employer must remember that evading the guarantee provided may entail administrative responsibility.
So, from the above, it is clear that part-time time is regulated at the legislative level. Those categories of employees who certainly have the right to such a regime should know their capabilities and not be afraid to use them. In modern working conditions it is very important to know the laws and be able to use them for their intended purpose. Moreover, such knowledge can help save the workplace.