For whom is part-time working time established? Part-time work: for whom and how much?

Registration of part-time workers has its own peculiarities. Download than incomplete working hours different from abbreviated.

How to set an employee to work part-time

Did you need to set part-time hours for any of your employees? Then it is necessary to remember that this mode of work determines a special procedure for remuneration. Therefore, it is very important to prepare all personnel documents without errors. But do all of you remember in what case and which employees have the right to work like this? And do you know what difficulties you might encounter?

When an employee has the right to work less

Pregnant women have the right to work part-time. The following working conditions are established for them:

reduced duration of daily work (shift) by a certain number of hours each day working week;
reduced number of working days per week with normal duration of daily work (shift);
reduced duration of daily work (shift) by a certain number of hours with a reduced number of working days per week.

Women's daily work in certain types of work can be divided into parts. At the same time, the recommended minimum duration of work is at least four hours a day and at least 20-24 hours a week (for a five- and six-day week). Also, depending on the specific production conditions, women can be set a different working time. Other categories of employees may also work part-time. It is important not to confuse this work schedule with shortened working hours.

Who has the right to part-time work?

Look at the table:

Who is eligible for part-time working>	Conditions for granting part-time work	Legislative act
Pregnant woman		Part one art. 93 Labor Code of the Russian Federation
One of the parents (guardian, trustee) with a child under the age of 14 (disabled child under the age of 18)	The employer is obliged to establish, at the request of the employee	Part one art. 93 Labor Code of the Russian Federation
An employee caring for a sick family member	The employer is obliged to establish, at the request of the employee and in accordance with the medical certificate issued in accordance with the established procedure,	Part one art. 93 Labor Code of the Russian Federation
An employee undergoing training in an organization and performing work under an employment contract	The employer may establish by agreement with the employee	Article 203 of the Labor Code of the Russian Federation
A graduate student studying in graduate school in by correspondence training	The employer is obliged to establish one day off from work per week with payment in the amount of 50 percent of the salary received. wages, but not less than 100 rubles	Clause 7 of Art. 19 Federal Law dated August 22, 1996 No. 125-FZ “On higher and postgraduate vocational education»
An employee on parental leave	The employer is obliged to establish, at the employee’s request,	Part three of Art. 256 Labor Code of the Russian Federation; Art. 11.1 of the Federal Law of December 29, 2006 No. 255-FZ “On Mandatory social insurance in case of temporary disability and in connection with maternity"
All employees, if a change in organizational or technological working conditions may entail their mass dismissal	The employer has the right to establish such a regime, taking into account the opinion of the trade union, for a period of up to six months	Articles 74, 372 of the Labor Code of the Russian Federation

How to determine reduced working hours

In order to correctly determine the standard working time for an employee who works part-time (week), you need to establish the normal number of working hours for the accounting period (for example, a working week). To do this, we must proceed from the working hours established for this category of workers (for example, 40 hours per week). At the same time, for all modes of work and rest, the standard working time is calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday, based on the duration of daily work (shift). For example, with a 40-hour work week, the standard daily working time is eight hours.

As for employees working part-time (shift) and (or) part-time week, we must reduce their normal number of working hours for the accounting period (Article 104 of the Labor Code of the Russian Federation). In particular, with a 40-hour work week with two days off on Saturday and Sunday, the standard working time will be the number of hours that is obtained by dividing the established length of the work week by five days.

Attention!

Part-time work does not entail for the employee any restrictions on his labor rights - the duration of the annual basic paid leave and the calculation of length of service do not change (part three of Article 93 of the Labor Code of the Russian Federation).

Example

At her request, the senior specialist of the public relations department, Tatyana B., was given a part-time work schedule. According to the terms of the employment contract, she must work 30 hours per week. Thus, in this case, Tatyana’s working hours will be six hours a day (30: 5 = 6).

At the same time, it is important for the employer to remember that an additional day of rest for an employee is a day off. It is possible to attract him to work on this day only with written consent (Article 113 of the Labor Code of the Russian Federation). And with a part-time working day, work beyond the established duration (even if it falls within the framework of the “normal” eight working hours) is considered overtime work(Article 99 of the Labor Code of the Russian Federation). Therefore, it is important to remember that you do not have the right to involve a pregnant employee in such work (part one of Article 259 of the Labor Code of the Russian Federation).

How does part-time work differ from short-time work?

Look at the table:

Criterion	Short working hours	Part-time mode
Remuneration	In the amount provided for normal working hours	Proportional to time worked or depending on the amount of work completed
Establishment procedure	Mandatory for the employer. Established by the Labor Code and other laws	Established by agreement between the employee and the employer, the initiative can belong to either party
Working hours	Established by federal laws	Established by agreement of the parties
Who is it for?		No restrictions are established by law

How to pay a part-time employee

If an employee works part-time, she must be paid as follows. Calculate wages in proportion to the time worked or depending on the amount of work performed (part two of Article 93 of the Labor Code of the Russian Federation). The average earnings of a worker for benefits for temporary disability, pregnancy and childbirth and monthly allowance child care.

Example

Irina M. works part-time and receives a salary depending on the volume of work performed (50 rubles per part). In March, an employee produced 350 parts on the machine. Thus, her salary this month will be 17,500 rubles. (350 x 50).

If the employee worked more hours, this will be considered overtime. Therefore, the first two hours must be paid at least one and a half times the rate, and subsequent hours - at least double the rate (Article 152 of the Labor Code of the Russian Federation).

Advice

You can request from the employee a document confirming the basis for part-time work (for example, a certificate from the antenatal clinic about pregnancy).

Example

Senior economist Galina S. receives 30,000 rubles for a part-time work week (36 hours per month). per month. On March 12, she was required to work three hours of overtime. Let's calculate the amount of the surcharge using the following formula:

E = (S: V x 1.5 x 2) + (S: V x 2 x (P - 2)), where

S - monthly salary;

V is the number of working hours in March with a 36-hour work week;

P - duration of overtime work.

Thus, the additional payment amounted to 1000 rubles: (30,000: 150.2 x 1.5 x 2) + (30,000: 150.2 x 2 x 1).

How to register a transition to part-time work

Part-time working hours (part-time working week, part-time working day (shift)) are established in employment contract. Therefore, first, based on the employee’s application, you need to draw up an additional agreement to the contract. Be sure to reflect in it (part one of Article 100 of the Labor Code of the Russian Federation):

days of the working week;
duration of daily work (shift);
start and end times of work;
break time.

If, due to working conditions, it is impossible to maintain daily or weekly working hours (for example, an employee works on a staggered schedule), establish a summarized accounting of working hours and determine the appropriate accounting period (month, quarter, etc.) (part one of Article 104 of the Labor Code of the Russian Federation) .

Example

Elena P. works part-time. In the first and third weeks of the month, she works 20 hours each, and in the second and third weeks, 28 hours each. Thus, she works 96 hours per month. Elena has a summarized accounting of working time with an accounting period of one month. An employee’s salary for one hour of work is 150 rubles. Consequently, its amount for the month will be equal to 14,400 rubles. (96 x 150).

Then, based on the concluded additional agreement, issue an order establishing part-time work. Since there is no unified form for this document, you can compose it in free form. Make any notes in work book there is no need for an employee.

Olga NETREBSKAYA,

HR specialist at Planeta SH Samara LLC (Samara):

Part-time work does not entail for the employee any restrictions on her labor rights. The duration of the annual basic paid leave is maintained, work experience, the right to child care benefits and sick leave.

Lyubov CHIBRIKOVA,

HR Manager of LLC “Fish Processing Plant “For the Motherland”” (Vzmorye village, Kaliningrad region):

In a part-time work week, an additional day of rest is a day off for the employee. You can attract an employee to work on this day only with her written consent (Article 113 of the Labor Code of the Russian Federation). It is prohibited to employ pregnant women on these days (part one of Article 259 of the Labor Code of the Russian Federation).

Yana GARMASH,

Head of HR Administration Coleman Services (Moscow):

The part-time working schedule is established in an additional agreement to the employee’s employment contract on the basis of his written application. Then, in accordance with this agreement, the employer needs to issue an order to establish an individual regime for the employee. Just remember that you don’t need to make any entries in your work book.

Working hours are regulated by Russian Labor Code. Part-time work is characterized in Article 93 as a reduction in working time, paid in proportion to the number of hours or shifts worked. Part-time work is provided in application form.

Switching to part-time work

Each employee has the right to contact the employer with a request to switch to work on a shortened schedule. Mandatory approval is possible if the employee belongs to preferential category persons The employer has the right to prohibit everyone else from working on a short-time schedule if it is not profitable for him.

The employer is obliged to accept the application and agree (or refuse) the work schedule according to the reduced version.

expectant mothers;
parent, guardian, trustee of a child under 14 years of age and a disabled child under 18 years of age;
a person caring for a sick family member whose illness is confirmed by a medical certificate.

The beneficiary can work on a shortened schedule for as long as necessary due to the circumstances that arise. The daily routine is adjusted taking into account the needs of the employee and production characteristics.

The earnings of those transferred to part-time work will be less. Accrual is carried out taking into account the time worked (produced per product change).

A shortened schedule can be set either for an unlimited time or for a strictly defined period. The conditions are reflected in the employment contract.

Those working on a shortened schedule are granted annual leave of at least 28 days. Work experience is not sequestered. The procedure for establishing part-time working time is regulated by Article 93 of the Labor Code of the Russian Federation “Part-time working time”.

What can a part-time job look like?

Additional information

Part-time work is a form of employment in which the employee’s working hours are less than those determined by law. By agreement between the applicant and the employer, upon hiring, and also subsequently, a shortened day can be fixed (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not define the concept of “part-time work”. And here is the Convention international organization on labor (06/24/1994) No. 175 designates this term as working time, the duration of which is less than the normal working day. It is important to know that this document has not been ratified by Russia. But commitments were made to review its provisions for approval by Russian trade unions and employers' associations.

An employee must apply for a job or switch to a part-time job. In this case, he has the right to choose any suitable option:

part-time: 4, 5 or 6 hours, not 8.
part-time work, for example, working eight hours a day, but three days a week instead of five;
shortened day and week: working 6 hours a day, three days a week instead of five.

In addition to the groups of persons listed in the article of the Code who have the right in accordance with the Labor Code of the Russian Federation to work part-time, those on parental leave and graduate students studying part-time can work for part of the salary.

For persons who do not belong to any of the preferential categories, a shortened work schedule is also allowed.

How does part-time work affect wages and vacations?

By switching to shorter work hours, the employee loses earnings. According to Art. 93 of the Labor Code of the Russian Federation, remuneration in such cases is based on the time actually worked or the volume of production produced.

For the number of days annual leave Partial work schedules are not affected. Vacation pay is calculated according to general rule based on average daily earnings.

By multiplying the number of rest days by the average salary per day, the amount of vacation pay is calculated. To calculate average daily earnings, an annual period is taken and only labor benefits. Disability benefits and various social benefits are not taken into account.

When working a shortened working day, an employee enjoys the same labor rights as other workers. There should be no infringement of the rights and guarantees of such an employee. But you need to understand that wages, and therefore all payments (sick leave, vacation pay, BIR benefits), calculated based on average daily earnings, will be less.

Does an employer have the right to force people to work part-time?

The usual standard of working time, fixed by labor legislation, is 40 hours a week when working 8 hours with two days off. Working time is the time allotted to an employee to perform labor standards, plan, task. When normal working hours decrease, earnings decrease.

Curious facts

Part-time work should not be confused with short-time work, which is referred to in Article 93 of the Labor Code and which is established for certain categories of persons. For example, for citizens under 16 years of age, disabled people, students, workers employed in hazardous areas of production, etc. For such workers, reduced working hours are considered the full norm. Detailed information regarding the rights of workers or working conditions is presented in the Labor Code with comments. If necessary, you can contact him.

This schedule does not raise any objections in cases of voluntary transition. Problems may arise when part-time work is introduced at the initiative of the employer, and such a schedule is most often unprofitable for the employee.

By law, an employer has the right to introduce a part-time work week for up to 6 months. If the employee does not agree with such a change in the work schedule (in this case he loses pay), the employee is dismissed under Part 2 of Art. 81 Labor Code of the Russian Federation. In this case, the dismissed person is paid compensation.

How to get a part-time job

Before registering an employee for part-time work, if such an application is received, the employer must determine whether the applicant belongs to the preferential category of employees or not.

If the employee does not belong to a preferential category, he should:

Determine the existing amount of work, expected production tasks and other factors to decide whether the applicant's request can be granted. If the nature of the work allows it, the employer has the right to give permission.
If an employee is just getting a job, the employment contract specifies under what regime he will work (at 1/2 rate, 3/4 rate, etc.) and what amount of remuneration he will be paid for this.
If an already working employee requests a change in work mode, information about the transition to a new work mode is entered a separate document, by agreement of the parties. The full salary for this position and the amount of payment when working part-time, quarter-time, etc. must be indicated. If necessary, the period for which an additional part-time agreement is concluded. The sample for drawing up an additional agreement is not regulated by the Labor Code of the Russian Federation. The agreement is drawn up in any form, but must be in writing (Article 72 of the Labor Code of the Russian Federation).

Accordingly, wages, taxes, and disability benefits will be calculated in proportion to the established rate.

If the employee belongs to one of the categories specified in Art. 93 of the Labor Code of the Russian Federation, the manager is obliged to provide the required work schedule unconditionally.

Further registration for work occurs as usual.

We must remember that a part-time worker is subject to all labor rights and guarantees provided for by law: payment for sick leave, regular vacation, etc.

Quite often, the initiator of changes to the work schedule is the employee himself. But sometimes it happens that for a number of reasons the previous clauses of the employment contract cannot be preserved. Then it is possible to change them by decision of the manager.

In this case, the organization must inform its employees in advance about the impending changes and the reasons that led to this. The employer informs employees that they will be transferred to part-time work (Labor Code of the Russian Federation, Art. 74) no later than two months in advance.

Compensation to an employee for income lost due to the fault of the employer

The Labor Code obliges the employer to compensate the employee for loss of income if such cases occur as:

illegal dismissal, suspension from work, transfer to another place;
failure to comply with court decisions or labor inspection, which restored the violated rights of the employee;
failure to issue a work report on time or making an incorrect entry in it about the reasons for dismissal.

In these cases, the employer is obliged to compensate the employee for the earnings he did not receive.

Part-time work is discussed in the video

First pension for part of the month

How is the first pension for less than a month calculated if it is assigned, for example, from the 10th. The pension amount is calculated using the formula:

A = B x (N - 10): N, where

A - pension amount for less than a month
B - the required pension amount
N is the number of days of the month, 30 or 31.

In such cases, employees of the territorial Pension Fund determine the payment in proportion to the days of accrual. Consequently, only part of the pension is due for less than a full month.

To get a lawyer's comment, ask questions below

Part-time working hours are established by agreement of the parties or as mandatory for individual employees listed in the Labor Code of the Russian Federation, as well as if necessary caused by certain changes in the enterprise. In this article we will reveal the reasons for introducing this regime.

Procedure for registering part-time work at the employee’s initiative

Part-time working hours are established as a result of an agreement between the employee and the employer. The initiator of such a regime can be both the employee and the employer.

If an employment contract has already been concluded, the part-time working regime (WW) is introduced by concluding an additional agreement. It must be preceded by an order from the employer to establish the NRT, which the employee familiarizes himself with upon signature. The agreement is made in writing.

NRT can be established through the introduction of a part-time working day, a week or in a mixed form.

The period for which such an agreement is concluded is not defined by law; therefore, the agreement can be concluded either with or without a specific period.

The unilateral procedure for terminating an NRT agreement is not established by current legislation, and therefore, when changing the terms of an NRT, the consent of both parties is required.

Thus, the Meshchansky District Court of Moscow rejected the employee’s claim for restoration of full working time (decision dated December 22, 2014 in case No. 2-18992/2014).

Part-time work for some persons according to the Labor Code of the Russian Federation

By virtue of Part 1 of Art. 92 of the Labor Code of the Russian Federation, the NRT regime is mandatory for the following persons:

minors;
disabled people of groups I and II;
workers in hazardous conditions of 3-4 degrees;
pregnant women;
persons who have minor children under 14 years of age or a disabled minor child;
persons caring for family members.

Also part-time work is established for medical, pedagogical workers, at work with chemical weapons, women working in settlements and regions of the Far North and equivalent territories.

At the request of a woman on maternity leave, and with the consent of the employer, she can be assigned a NRV; Moreover, she has the right to perform work duties both in the office and at home.

Part-time working hours at the initiative of the employer

Part-time working hours can be established by order of the employer in the cases provided for in Art. 74 Labor Code of the Russian Federation: in connection with the change organizational structure or technological processes at the enterprise. The introduction of NRT is allowed only with the approval of the trade union for a period of no more than 6 months in a row. And such a regime cannot worsen the situation of workers. At the same time, the legislator does not limit the number of such introductions of NDV and their frequency in production.

The employer is obliged to notify the employee in writing about the introduction of the NRT 2 months in advance. The organization must also report the changing working hours to the employment service and statistical authorities. For failure to comply with this requirement of the law, liability is provided under Art. 19.7 Code of Administrative Offenses of the Russian Federation.

Procedure for establishing partial time

The employer notifies employees in writing about the establishment of part-time work in the organization.
The notice is given to the employee against signature. An act of refusal to receive it is drawn up.
Next, an order is issued on the upcoming introduction of the NRT regime, which indicates the grounds and necessity for such an establishment.
Workers familiarize themselves with the order against signature.
Employees who refuse are offered other positions in writing. Such notice must contain:
- job title;
- working conditions;
- description of the job function;
- amount of payment and other essential conditions.
In this case, it is advisable to offer several positions to choose from in the notification. Notify the employee in accordance with Art. 74 of the Labor Code of the Russian Federation, possibly within 2 months either several times or once.
If the employee agrees to move to another position, a corresponding additional agreement is concluded.
If the employee does not agree, he is dismissed after 2 months.

Grounds for switching to part-time work

Changes in organizational or technological working conditions should be understood as any modifications in production activities, which change the production cycle from the technological side or rebuild the structure of the organization, in particular, this is a structural transformation of work units, reorganization, as well as other circumstances related to the technology or organization of the production process.

An unconditional reduction in wages will not be taken into account by the courts as a change in working conditions within the meaning of Art. 74 Labor Code of the Russian Federation. The court came to this conclusion in the appeal ruling of the Krasnoyarsk Regional Court dated 02/02/2015 in case No. 33-797, A-9.

That is, the introduction of a labor code from the point of view of the Labor Code is a forced measure that cannot be arbitrarily introduced without grounds directly specified in the law. For example, it is impossible to introduce NRT due to a global crisis, without having reasons related to technology or organization production cycle. This regime can be challenged in court.

In disputes about the legality of establishing part-time work, the burden of proof is as follows.

The employer proves:

changes in working conditions as a basis for introducing NRT;
the fact that the NRV does not violate the rights of the employee (clause 21 of the resolution of the plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004, determination of the Leningrad Regional Court dated February 3, 2010 in case No. 33-511/2010);
an investigative connection between changes in payment and changes of a production nature to establish an NRT (appeal ruling of the Arkhangelsk Regional Court dated February 4, 2013 in case No. 33-0671/2013);
the need to introduce technological and organizational changes is not included in the subject of proof in such disputes (appeal ruling of the Yaroslavl Regional Court dated July 19, 2012 in case No. 33-3711/2012).

If the reasons that served as the basis for the introduction of the NRT are eliminated, the employer can at any time cancel the introduced regime in the organization. To do this, it is enough to issue an appropriate order and familiarize employees with it.

Contents of the notice on the introduction of part-time work

The notification must be in writing and delivered to the employee no later than 2 months before the date of the upcoming introduction of the NRT. For individuals The period for sending the notification is at least 14 days.

The law does not specify clear requirements for the form of notification. However, it talks about what information is appropriate to include in a notice of an upcoming reduction in operating hours. This includes:

motives and reasons for the need to make such a decision;
NRT term;
workers' rights;
deadline for accepting an offer to transfer to another position.

Based on the ruling of the Moscow City Court dated July 1, 2010 in case No. 33-19700, the dismissal was declared illegal because the notice did not contain reasons for reducing working hours.

If there is no motivation for the reduction in the notice, the employee can also be reinstated by the court (definition Supreme Court Udmurt Republic dated May 30, 2011 in case No. 33-1880/11).

Employee rights during part-time work

An employee has the right to agree or disagree to work under the NRW regime. If he does not agree, he must be offered another position in writing. At the same time, the employer has the right to offer any vacancy: both with appropriate qualifications and with lower wages. When transferring to another position, the employee’s medical indications must be taken into account.

The employee’s refusal of the proposed options must be documented in writing. In this case, and also if there is no objective possibility of transferring the employee to another position, the employment contract with him is terminated on the basis of clause 7, part 1, art. 77 Labor Code of the Russian Federation. Upon dismissal on this basis, in addition to the payments due, another 2-week pay is issued. severance pay on the basis of Art. 178 Labor Code of the Russian Federation.

In accordance with Art. 93 of the Labor Code of the Russian Federation, when working part-time, annual paid leave is provided in the usual manner and in full. At the same time, when calculating payment for vacation, an incomplete month is considered as fully worked. Thus, with this calculation, the amount of vacation pay may decrease, since the average monthly salary is calculated based on full month, and payment is made for the time actually worked.

Thus, the Labor Code of the Russian Federation contains an exhaustive list of grounds for introducing a reduction in working hours. If the legal requirements for part-time work are not met, the employee has the right to challenge such a reduction in working time through the court, and the employer may face adverse consequences in the form of being held liable under the law.

How to set up part-time work?

On whose initiative can the working day be shortened?

How to pay for vacation to an employee on a short-time work schedule?

As you know, the Labor Code orders people to work no more than 40 hours a week. This duration is considered normal. For certain categories of workers this norm is slightly less. However, by agreement between the employees and the employer, the duration of work can be reduced even further. This happens if there is a need to establish a part-time working regime (Article 93 of the Labor Code of the Russian Federation). Moreover, both the working day and the working week can be incomplete.

With part-time work, it is possible to agree on almost any duration. You just need to draw up a few documents.

Shortened day

Part-time working hours reduce the length of time employees spend at work. Moreover, such a regime can be established both immediately upon hiring, and in the future, if it is the will of the parties to the employment contract.

With a part-time day, the number of working hours during the day is reduced (for example, four hours daily instead of eight). If installed less than a week– the number of days of work during which an employee must work the required 8 hours is reduced. A mixed option is also possible: several days a week for several hours. For example, three days of four hours, instead of five days of eight hours.

The initiative to introduce part-time work or a week can be taken by both an employee and an entrepreneur. Please note that such a request cannot be denied to a pregnant woman, parent of a child under 14 years of age, or caring for a sick family member. In addition, the employee will have to accommodate the employee in establishing part-time working hours even if he is on parental leave. Moreover this rule applies not only to the mother, but also to the child’s father, grandmother, grandfather and other relatives and guardians who actually care for the child (Article 256 of the Labor Code of the Russian Federation).

For specialists working part time, are entitled to the same guarantees as others - days off, vacations, lunch breaks, etc.

Documentation if desired by the employee

If part-time work is established upon hiring, the condition for its duration must be fixed in the employment contract. The current employee will have to sign an additional agreement to the employment contract.

Registration of part-time work depends, first of all, on whose initiative it is: the employee or the individual entrepreneur.

If an employee wants to reduce their work hours, they need to write a corresponding application. There is no special form for it, but it must indicate:

– the desired length of the day or week;

– type of part-time work;

– the date from which the employee asks to change his work schedule.

If the employee has reasons why he cannot be denied this request, their confirmation must be attached to the application: a certificate of pregnancy, sick leave to care for a sick family member, etc.

If you have no objections, you can proceed to signing an additional agreement to the employment contract. It indicates the new working conditions and the date from which they begin to apply. Specify in the agreement the specific working hours: length of the working week, start and end times of the working day, breaks, etc.

The agreement is drawn up in two copies, signed by the employee and the employer, and then one copy is given to the employee against signature. An additional agreement to an employment contract may look, for example, as shown in sample 1.

Sample 1

Additional agreement to the employment contract on the establishment of part-time work

Additional agreement

to Labor Contract No. 21 dated December 17, 2010

06.16.2011, Moscow

Individual entrepreneur Kuznetsov V.A., hereinafter referred to as the Employer, on the one hand, and Uvarova Galina Viktorovna, hereinafter referred to as the Employee, on the other hand, came to an agreement on the following:

1. State the provisions of employment contract No. 21 dated December 17, 2010 in the following wording:

"Working hours":

"1. The employee is assigned a part-time working schedule – part-time work.

2. The following working hours are established for the employee:

– break for rest and food – 30 minutes in the period from 12 o’clock to 12 o’clock 30 minutes.”

"Payment":

"1. Remuneration is made in proportion to the time worked, based on a salary of 30,000 rubles per month.”

2. This agreement is valid from 07/01/2011.

3. This additional agreement is an integral part of employment contract No. 21 dated December 17, 2010, drawn up in two copies of equal legal force, one of which is kept by the Employer, the other is transferred to the Employee.

EMPLOYEE: EMPLOYER:

Uvarova G.V. IP Kuznetsov V.A.

A copy of the additional agreement was received by: Uvarova G.V. 06/16/2011

Based on the application and additional agreement to the employment contract, an order should be issued (sample 2). There is no unified form for an order to establish part-time work, so the entrepreneur is free to issue it independently. Indicate in it the date of establishment of part-time work, the duration of working hours and the specific mode of work of the employee. Part-time work can be established either for a certain period or indefinitely. If this regime is introduced temporarily (for example, for the summer), this period should be indicated in the order.

Sample 2

Order establishing part-time work

On establishing part-time work

In accordance with the agreement of the parties, I ORDER:

1. From 07/01/2011, install it to specialist G.V. Uvarova. part-time with the following working hours:

– working week – five days, from Monday to Friday inclusive, with two days off (Saturday, Sunday);

– duration of daily work – 4 hours, from 10:00 am. until 14:30;

– break for rest and food – 30 minutes in the period from 12 hours to 12 hours 30 minutes.

2. Pay specialist G.V. Uvarova. in proportion to the time worked.

3. I reserve control over the execution of this order.

Reason: additional agreement dated June 16, 2011 to employment contract No. 21 dated December 17, 2011.

Individual entrepreneur Kuznetsov V.A.

I have read the order:

Uvarova G.V. 06/17/2011

Documentation if desired by the entrepreneur

The situation is more complicated if the initiative to reduce working hours comes from the employer. In this case, the duration of this operating mode cannot exceed six months (Article 74 of the Labor Code of the Russian Federation). An entrepreneur can reduce the working hours of his staff if this is due to changes in organizational working conditions and production technology, which may lead to mass layoffs of workers.

When deciding to reduce working hours, first of all, you should issue an order. It indicates the reasons that caused the change in working conditions, the units in respect of which such a regime is introduced, and the period of its validity.

Employees must be notified in writing of the signing of this document. Please note that a reduction in working hours can be introduced no earlier than two months after the order is issued and employees are notified about it. Indicate in the notice that if the employee disagrees with the changes, he must report this in writing, and set an appropriate deadline for this.

Then everything depends on the decision of the workers. If they agree to reduce working hours, an additional agreement to the employment contract is signed. We have already told you how to compose it. If not, the employment contract is terminated (clause 2 of article 81 of the Labor Code of the Russian Federation). You will need to obtain written confirmation of the employee's decision (consent or refusal).

Information about transfer to part-time work is not entered either in the work book or in the employee’s personal card (Form No. T-2).

When establishing a part-time working schedule, the employer is obliged to notify the employment service about this in writing within three working days after making the corresponding decision (Clause 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 ").

Accounting and payment

As you know, working hours are recorded in a time sheet (Form No. T-13). Filling out the timesheet depends on what type of part-time work is assigned to the staff.

In case of a part-time work week, days defined as non-working days are marked in the timesheet as weekends (letter “B”). Please note that you must attract an employee to work on such days in the manner established for attracting them to work on weekends, and pay them according to the rules for paying for weekends. When working part-time, the corresponding employees are shown the actual number of hours worked on the time sheet. If an entrepreneur intends to hire a part-time employee beyond its duration, this will be considered overtime work, which must be paid at one and a half or double times (Article 152 of the Labor Code of the Russian Federation).

When working part-time, remuneration is made in proportion to the time worked or depending on the amount of work performed. Let's give an example.

Example

Individual entrepreneur Kuznetsov V.A. established a part-time working schedule for the accounting department: for the chief accountant - a part-time work week with work on Monday, Wednesday and Friday, for the assistant accountant - part-time, 4 hours daily instead of 8. The chief accountant's salary is 30,000 rubles, the assistant's salary accountant - 15,000 rubles. Let's calculate their salary for June 2011. There are 21 working days in June.

Salary of the chief accountant = 30,000 rubles. / 21 w.d. x 12 r.d. = 17,142 rub. 86 kopecks

Salary of an assistant accountant = 15,000 rubles. x 4/8 = 7,500 rub.

Please note: the introduction of part-time work does not entail changes in the staffing table in terms of the initially established salaries. And in staffing table, and in employment contracts, salaries remain the same.

Vacation and sick leave

Providing leave to employees working part-time or weekly is carried out on a general basis. Their annual basic paid leave is set to the same duration as full-time employees: 28 calendar days or more than 28 calendar days if the law provides for extended leave.

In accordance with paragraph 12 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, when working part-time, the average daily earnings for vacation pay and compensation for unused vacation are calculated in the same way as for normal working hours. It does not matter that during the billing period the working hours were changed (letter of Rostrud dated July 28, 2008 No. 1730-6-0). That is, the average daily earnings for payment of vacations provided in calendar days and payment of compensation for unused vacation are calculated by dividing the amount of wages actually accrued for billing period, by 12 and by the average monthly number of calendar days (29.4).

Now a few words about sick leave.

In accordance with the provisions on their payment, approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375, when a part-time working schedule is established for a sick person, the average daily earnings are determined in the general manner: by dividing the amount of earnings accrued for the billing period by the number of calendar days falling during this period, with the exception of calendar days falling during periods not taken into account when calculating average earnings.

The days when the employee did not work part-time are counted in full. To determine the amount of benefits, the average daily earnings are multiplied by the number of calendar days of temporary disability to be paid. In this case, the mode of work - part-time work week or part-time work - does not matter for the calculation of benefits.

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 a 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 regulations legal acts Russian Federation.

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

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

Comments on Art. 93 Labor Code of the Russian Federation

1. The concept of “part-time work” covers both part-time work and part-time work week.

With a part-time working day, the number of hours of work per day is reduced in comparison with what is established in the organization by the routine or schedule for this category of workers (for example, instead of 8 hours - 4 hours).

Part-time work means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish for an employee a part-time working week with part-time work (for example, 3 working days a week, 4 hours each).

2. As a general rule, part-time working time is established by agreement of the parties to the employment contract for a certain period or without specifying a period and is fixed in the employment contract or in an appendix to it. In this case, no entry is made in the work book for the specified regime.

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

3. Part-time working hours may be established for any employee at his request and with the consent of the employer. However, in a number of cases, such a regime must be established by the employer without fail: at the request of a pregnant woman; one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical report.

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

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

In addition to what is mentioned in Part 1 of Art. 93 of the Labor Code of the Russian Federation for the category of workers, the employer is obliged to establish part-time working hours at the request of a disabled person, if such a regime is necessary for him in accordance with individual program rehabilitation, which is mandatory for organizations regardless of their organizational and legal forms (Articles 11 and 23 of the Federal Law "On social protection disabled people in the Russian Federation").

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

4. Part-time workers have the same labor rights as full-time workers. Thus, persons working part-time are entitled to full annual and study leave; work time is counted in the length of service as full working time; weekends and holidays provided in accordance with labor laws, etc.

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

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of the organization for a period of up to 6 months.

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