How to formalize the transition to part-time work. Partial work week

Part-time working time is considered a special work mode in which the working hours are less than normal, that is, less than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Even if each working day is 12 minutes less than other workers (resolution of the Federal Antimonopoly Service of the Ural District dated December 10, 2008 No. F09-9217/08-S2 in case No. A71-2756/08).

When paying for labor in such conditions, the employer often has questions. They are connected with the fact that many people confuse incomplete and abbreviated working hours(table below). How to calculate temporary disability benefits for an employee who is assigned part-time work? When calculating vacation pay, is it necessary to reduce the average daily earnings in proportion to working hours? How is it paid? overtime a specialist who works part-time?

Comparative characteristics of part-time and short-time working hours

Part-time work for a young mother

Often, an employee who is on maternity leave, without interrupting it, with the consent of the employer, goes to work on a part-time basis. At the same time, she retains the right to receive benefits for child care up to one and a half years old (Part 2 of Article 11.1 of Law No. 255-FZ). The law does not establish limits for reducing working hours at which a young mother has the right to such a payment (Article 93 of the Labor Code of the Russian Federation).

However, territorial branches of the FSS of Russia may not accept child care benefits for credit in cases where the working day is shortened by only a few minutes. Because, according to the Foundation’s specialists, such time cannot be considered incomplete. Although the courts are of the opposite opinion (resolution of the FAS Far Eastern District dated September 19, 2012 No. F03-3632/2012 in case No. A51-3233/2012, resolution of the FAS Ural District dated December 10, 2008 No. F09-9217/08-S2 on case No. A71-2756/08).

When setting part-time working hours for a woman who is on maternity leave, it is safer to listen to the recommendations of the Federal Social Insurance Fund of Russia. When working part-time, the working day (shift) should be shorter than the usual duration 1 . And the length of the working week is more than 20–24 hours with a five- and six-day week, respectively.

For an employee who works part-time, the employer has the right to establish an irregular working day (letter of Rostrud dated April 19, 2010 No. 1073-6-1)

Part-time work for part-time workers

The employer has the right to apply part-time work not only for main employees, but also for part-time workers who work part-time. Means, part time for a part-time worker it can be two or three hours a day. Total quantity working hours worked in a month cannot exceed half of the monthly working time standard established for main employees (Article 284 of the Labor Code of the Russian Federation). The Labor Code does not establish a minimum number of working hours per week (part two of Article 91 of the Labor Code of the Russian Federation). Consequently, part-time workers can be given a part-time or a week with payment in proportion to the time worked (Article 285 of the Labor Code of the Russian Federation).

Let’s imagine that a woman, while on maternity leave for up to one and a half years, works part-time at her main job and gets a part-time job in another organization (Article 282 of the Labor Code of the Russian Federation). Between the two jobs, she will work more than 40 hours a week. In this case, she also retains the right to receive state benefits. social insurance(Article 13 of the Federal Law of May 19, 1995 No. 81-FZ). This is allowed since the law does not require taking into account the total working time of an employee at her main place and part-time. This does not affect the right to receive benefits for child care up to one and a half years old. Moreover, the employee can choose at which place of work to receive such a payment (Parts 2–2.2 of Article 13 of Law No. 255-FZ of December 29, 2006).

Does the work schedule affect the calculation of vacation and sick pay?

When calculating vacation pay, it is not necessary to reduce the average daily earnings in proportion to working hours. To pay for vacation, the employee’s earnings for the last 12 calendar months and the time actually worked are taken into account (clauses 4, 12 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

Temporary disability benefits for part-time work are accrued for all calendar days for which a certificate of incapacity for work was issued. The amount of the benefit is influenced by the employee’s length of service and his average daily earnings (Articles 7, 8, 14 of the Federal Law of December 29, 2006 No. 255-FZ, paragraph 16 of the Regulations approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375).

How many days an employee works during the week matters only in one case. When, according to the results of the calculation, the average earnings for a full calendar month are lower than the minimum wage (minimum wage) established on the day the illness began. Then it is calculated based on the minimum wage. In this case, the minimum wage is reduced in proportion to the length of working hours. For example, if an employee works for four hours, then you need to take 0.5 minimum wage (Part 1.1 of Article 14 of the Federal Law of December 29, 2006 No. 255-FZ).

When calculating sick leave, calendar days on which the employee did not work on a part-time schedule are considered as regular weekends (clause 5 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922)

Example

Watchman Mikhail V. works at Garage LLC on a part-time basis 6 hours a day 5 days a week, which is 0.75 of official salary. According to staffing table the full-time salary is 28,000 rubles, and for 0.75 times the salary is 21,000 rubles. (RUB 28,000 x 0.75). Mikhail has been working for the organization for four years, and has 9 years of insurance experience. Mikhail V.'s temporary disability began in 2013. Number of days of disability 7. Average earnings for 2011 and 2012 will be: 690.41 rubles. (RUB 21,000 x 12 months x 2 years) / 730 days). Mikhail has more than 8 years of insurance experience, so disability benefits are entitled to 100 percent of average earnings.

Thus, the amount of temporary disability benefits will be: 4832.87 rubles. (RUB 690.41 x 7 days).

How to pay for a business trip

When sending a part-time employee on a business trip, the rule of proportional payment established by Article 93 Labor Code, does not work. For days on a business trip, the employee is paid an average salary, which is calculated according to general rule(Clause 4 of the Decree of the Government of the Russian Federation of December 24, 2007 No. 922). At the same time, the amount of daily allowance issued to an employee also does not depend on his working mode. After all, daily allowances are not a salary, they are paid in full (Articles 167, 168 of the Labor Code of the Russian Federation, clause 11 of the Regulations approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).

For a part-time employee, calculate your salary in proportion to the time worked in a specific month (Article 93 of the Labor Code of the Russian Federation)

Example

Victor M. works at Volga LLC. Since January 9, 2013, he has been given a part-time working week from Monday to Thursday. From December 2 to December 5, 2013, he was sent on a business trip for four working days. The billing period is the last 12 months (from December 1, 2012 to November 30, 2013). There are no excluded periods (vacation, business trip, sick leave, downtime, etc.). Victor's salary is 30,000 rubles. per month. In December 2012, he was credited with 30,000 rubles. within 21 working days. From January 1, 2013 to November 30, 2013 – RUB 265,468.30. in 181 working days. Thus, in just billing period Victor’s earnings amounted to 295,468.30 rubles. (RUB 265,468.30 + RUB 30,000).

The average daily salary for the billing period is 1,462.71 rubles. (RUB 295,468.30: 202 days). Thus, for four days of Victor M.’s business trip, the payment will be 5850.84 rubles. (RUB 1,462.71 x 4 days).

If the business trip falls on a day off of a part-time working week, then it should be paid in the amount of double salary (Article 153 of the Labor Code of the Russian Federation, clause 5 of the Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, when an employee who is assigned working week from Monday to Thursday, goes on a business trip on Friday (his day off).

Benefits and guarantees for part-time employees

Part-time employees enjoy the same labor rights as those who have normal working hours (Part Three of Article 93 of the Labor Code of the Russian Federation). Thus, regardless of the working hours and the length of the working day, employees work one hour less on a pre-holiday working day (Article 95 of the Labor Code of the Russian Federation, clause 1 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n). In this case, such a day is paid in full. If it is impossible to shorten the pre-holiday day (for example, in continuous current organization), then overtime is compensated by additional rest time or paid as overtime work (part two of Article 95 of the Labor Code of the Russian Federation).

In the case where a part-time employee actually works the whole day, the hours worked at the initiative of the employer in excess of the established schedule are overtime. They are paid at an increased rate (Article 152 of the Labor Code of the Russian Federation, letter of Rostrud dated March 1, 2007 No. 474-6-0).

Is part-time work included in special length of service for early retirement?

Part-time working hours are counted in the insurance period as full-time working hours. An exception is employees who have the right to early old-age pension (clause 2 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (hereinafter referred to as Rules No. 516)). The length of service that gives the right to early assignment of an old-age pension includes periods of work performed continuously for a full working day, subject to payment of insurance contributions to the Pension Fund for these periods. An employee working part-time will not lose special seniority, provided that he worked part-time but full-time due to a reduction in production volumes (clause 6 of Rules No. 516).

– Part-time work does not entail restrictions on duration annual leave, calculus length of service and other labor rights. However, those employees who are entitled to early retirement may lose special seniority if they work part-time

Prepared material Olga Plekhanova– chief accountant of LLC AF “PHOENIX-audit” (Chelyabinsk), magazine expert"Personnel Affairs"

1 Letter of the Federal Social Insurance Fund of Russia dated March 22, 2010 No. 02-03-13/08-2498, clause 8 of the Regulations approved by the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51.

A reduction in working day or time is possible at the initiative and agreement of both parties. The transfer to part-time work is formalized by order. Establishing such a regime is possible both during hiring and already during the hiring process. labor relations, if such a need arises.

If the employee has applied for part-time work

The employee has the right to appeal to the manager with a request to establish for him:

• part-time labor (work) shift;
• part-time work (working) day;
• incomplete labor (working) week.

The manager does not have the right to refuse such a request if he is approached by:

• pregnant employee;
• a parent (guardian or guardian) with a child under 14 years of age;
• parent (guardian or guardian) of a disabled child under 18 years of age;
• an employee caring for a sick family member, with a medical certificate;
• an employee on parental leave;
• postgraduate student studying by correspondence.

In other cases, the employer makes the decision to provide a gentle treatment at its own discretion.

Part-time work at the initiative of the employer.

There may be cases when an employer, for the sake of savings, plans to establish a reduced regime, trying to reduce economic losses. Sometimes this is the only option for him to avoid massive staff reductions during a difficult time for him. But regardless of the employer’s intentions, such changes are possible only with the consent of the subordinate. And only if the changes are dictated by organizational or technological changes in working conditions, the employer will be able to establish a reduced schedule without the consent of the employee. But in this case, if disputes arise, the employer will have to prove the existence of the above circumstances in court.

Reduced working hours upon hiring

Already at the hiring stage, when drawing up a contract, reduced working hours may be stipulated.

Shortened working hours are mandatory for employees:

• no older than sixteen - they are entitled to no more than 24 hours a week;
• from sixteen to eighteen - maximum 35 hours per week;
• disabled people of group I or II - no more than 35 hours per week;
• whose conditions refer to hazardous conditions or harmful degree 3 or 4 - maximum 36 hours per week.

Part-time order: sample

If conditions for reducing working hours are introduced after hiring, such a change must be reflected in the agreement between the parties to the employment relationship. Based on such an agreement, the manager must issue an order.

There is no standard form for such an order. Therefore, the employer develops it independently.

The text of this order must contain:

• name of the organization (in accordance with the company charter);
• name and number of the order;
• date of the order;
• legal basis (based on which article of the Labor Code);
• the essence of the order (exactly what length of the day is established, time for rest and food, etc.).

The employee whose working hours change must be familiarized with the order against signature.

​ sample order for establishing part-time work

Payment for part-time work

Payment for work under the condition of a shortened day is made:

• in proportion to the time the employee worked;
• depending on how much work the employee has completed.

The employer must know that working on a short-time basis cannot entail any restrictions on rights and guarantees. This applies to calculating the duration of paid leave, length of service and other labor rights.

The current economic situation has forced many organizations to reconsider their work patterns. One of the ways to overcome the difficulties associated with a decrease in production volumes was the transition to part-time work. That's what we'll talk about.

Defining the terms

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

Part time

The Labor Code states that several options for organizing work in this mode are possible:

1. Reduce the length of the working day or shift by certain hours (all working days of the week are reduced).
2. Reduce the number of working days per week, but still maintain the usual working hours or shifts.
3. Reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in the week.

However, one should not confuse part-time work with shortened work, which is referred to in Article 93 of the Labor Code of the Russian Federation and which is established for certain categories of citizens. For example, for persons under sixteen years of age, disabled people, students, workers employed in hazardous areas of production, etc. For such employees, reduced working hours are the full norm. If you are interested in any information regarding your rights or working conditions, you can always read the Labor Code with comments. There the explanations are presented in detail and in an accessible form.

Time sheet for part-time work

Everyone knows that at an enterprise, HR officers keep time sheets. It is then that the accounting department uses when calculating wages. Therefore, the time sheet is one of the main documents for the HR department.

So, it takes into account work under conditions half day at the request of the employee, it is marked with the code “NS” or “25” (according to the resolution of the State Statistics Committee of January 5, 2004 No. 1). In this case, we are talking about part-time work, since non-working days during a shortened week will be celebrated as weekends.

Wages and holidays

Part-time work will be paid differently from regular work. The fact is that in the conditions of carrying out activities in this mode, there is a clear reduction in wages. And this is logical. Accrual will be carried out in proportion to the time that the employee worked, or for the volume of work performed by him (Article 93 of the Labor Code of the Russian Federation).

But vacation with part-time work is exactly the same as with a regular schedule. When calculating vacation pay, other labor rights are also taken into account. In fact, short working hours do not affect the duration of annual leave. The calculation of average daily earnings for the calculation of business trips, sick leave and vacation pay occurs in the usual manner, according to regulatory documentation. Changing the employee’s work schedule during the billing period does not play a role.

At the same time, if they want to involve a person in performing a task outside the schedule that is established for him, then this type of activity will already be considered overtime work (Article 99, 152 of the Labor Code of the Russian Federation), and therefore will be paid accordingly.

Work on your days off during a shortened work week is also paid at an increased rate (Articles 153, 113 of the Labor Code of the Russian Federation).

We have introduced you to the main points regarding remuneration if you are employed part-time. The Labor Code protects the interests of citizens. However, it should be remembered that in practice the norms that are clearly outlined in regulatory documents are not always followed. That’s why we need to know our rights in order to monitor their compliance.

Registration of part-time work

Sometimes it happens that people need to reduce their time at work for some objective reasons. And they ask the question: “How to apply for part-time work?” It's not difficult at all.

We have already said earlier that initially, by agreement of the parties, an appropriate employment contract. Part-time work is stated in it as the working mode of a certain employee.

In what other cases is the employer obliged to transfer the employee to a reduced work schedule?

Article 93 of the Labor Code of the Russian Federation specifies the following categories of citizens:

1. Pregnant women.
2. Parent of a child under fourteen years of age. This could be the mother, father, or guardian.
3. Persons caring for a sick relative (with a medical certificate).

To switch to a new one, you just need to write an application for part-time work.

In addition, people on parental leave have the right to work on a special, shortened schedule. At the same time, they retain the right to receive social insurance benefits. Moreover, this opportunity is available to both the child’s mother and father, grandmother, grandfather, and guardian, who actually care for the baby (Article 256 of the Labor Code of the Russian Federation).

As we said above, transfer to part-time work occurs at the request of the employee upon submission of an application.

Let's give an example of such a document.

I ask that from 10/01/2012 to 12/31/2012 I be transferred to part-time work (seven working hours a day) due to pregnancy.

A certificate of pregnancy is attached.

Based on the application, the personnel officer writes an order on part-time work. See sample below.

About transferring to part-time work

Based on the statement of accountant Ivanova A.A. dated September 29, 2012 and in accordance with the Labor Code of the Russian Federation, Art. No. 93

I order:

1. Provide accountant A. A. Ivanova with part-time work from 10/01/2012.

2. Set the following work schedule for accountant A. A. Ivanova:

• Five-day work week with two days off.
• Reducing the duration of daily work by one hour.
• The working week is thirty-five hours long.
• Working hours: Monday - Friday: from 9:00 to 17:00, lunch break: from 13:00 to 14:00.

3. The accounting department will pay A. A. Ivanova’s salary in proportion to the time she worked.

4. Entrust control over the implementation of the order to Deputy V.V. Khorkina.

Director Vasechkin I.V.

The following have been familiarized with the order:

Change of employment contract

If one of the employees at the enterprise has a working schedule different from the generally accepted one, this must be reflected in the employment contract (Article 57 of the Labor Code of the Russian Federation). If changes have occurred recently, then it makes sense to make some adjustments. It is not necessary to completely change it; it is enough to draw up an additional agreement that will reflect the innovations.

All agreements or additions to them are made only in writing (Article 72 of the Labor Code of the Russian Federation).

Up to this point, we have considered only those cases when the initiator of a change in the work schedule is the employee himself. But it often happens that for a number of reasons the previous provisions of the employment contract cannot be maintained. Then they can be changed by the employer’s decision. In this case, the company is obliged to inform its employees in advance about the upcoming changes and the reasons that led to this. The employer notifies employees that they will be transferred to part-time work 74) no later than two months in advance.

Such changes are possible when an enterprise is faced with a choice: either carry out a mass layoff of workers, or, in order to preserve a certain number of jobs, introduce a part-time working day (see the code with comments). The law provides for such a procedure for up to six months.

We emphasize that the indicators of mass layoffs are defined in intersectoral and territorial agreements (Article 82 of the Labor Code of the Russian Federation). Most a shining example This situation can be caused by a large reduction in the number of employees due to the liquidation of the organization or the reduction of entire divisions of the enterprise.

Part-time work (the Labor Code of the Russian Federation contains such information) is then established by a single order for the enterprise. Employees are notified in writing against signature. Moreover, consent or disagreement to work in changed conditions is prescribed right there, in the order, or in separate document. According to the Labor Code, if a person does not want to work according to the new schedule, the employment contract with him is terminated automatically (clause 2, part 1, article 81). In this case, the employee is paid compensation.

Of course, all changes in the employment contract should not worsen the situation of employees, in comparison with the clauses. The abolition of the part-time regime earlier than the period for which it was introduced is carried out by the enterprise with the participation of the trade union organization.

Part-time work for moms

Let's now take a closer look at the issue of part-time work for women. We have already mentioned that while on maternity leave, a woman has every right to go to work part-time. In this way, the young mother will be able to get back into the swing of things and not lose her qualifications. How to properly register such an employee for work?

Let us remind readers that parental leave is issued by mothers until their son/daughter reaches the age of three (Article 256 of the Labor Code of the Russian Federation). During this period they retain workplace. Article 256 of the Labor Code of the Russian Federation, part 3 states that a woman can go to work at this time on a part-time basis. It turns out that until the baby turns three years old, his mother can be on vacation and work at the same time.

Features of reduced working hours for women

Part-time work can be established for a woman for any period of time (if we're talking about about the mother of small children). There are no restrictions in this regard in the labor code. That is, two options are possible. First: the event before which adjustments are made to the employee’s work schedule is indicated. And the second option does not provide any dates.

The law does not indicate exactly what the length of the working week should be in this case. In fact, a woman can work a couple of hours a week, and thirty-nine... This issue is not regulated by law.

If an employee overworks more than the established norm, then this overtime which must be paid separately.

Please note that feeding breaks infant included in working time (Article 258 of the Labor Code of the Russian Federation). According to the employee herself, who has a baby under the age of one and a half years, she is provided with hours for feeding, in addition to a break for rest and food.

Also, women with part-time work have the right to a shortened pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm, the young mother is either compensated financially, such as overtime, or she is given an additional day off.

In the report card, the hours worked by the woman are entered under the code “25” or “NS”.

For a part-time working week, the number of days worked is indicated, and for a part-time working week, the actual hours worked. Weekends are entered under the code “26”.

Filling out a report card for a young mother has its own characteristics. After all, she is actually at work and on maternity leave at the same time, which frees her from the obligation to work. Therefore, as a rule, two corresponding codes are entered into the document. To do this, an additional line is added to the timesheet.

How to reflect on breaks for feeding a child? There is no clear answer. Two options are offered. In the first case, you can simply mark this time as working time, because that’s what it actually is. And the salary will be calculated according to the order based on average earnings, because breaks are paid according to the average.

And in the second case, they propose to show feeding times on the time sheet, which, according to many experts, is not very convenient and even pointless.

Paperwork for a young mother

If a woman who is on maternity leave is initially hired on a part-time basis, this is stated in the employment contract. The employment order must contain a schedule of its activities, indicating a lunch break and days off. Salary is calculated in proportion to the time worked.

But if an already working employee needs to be transferred to part-time work, then she writes an application for this. In it, she indicates the reason for her request (the presence of a child under three years old) and the period for which she plans such changes. The transfer of the woman to will be formalized by order. It is also advisable to make an addition to the employment contract, which will indicate the changes - this is the more correct thing to do.

Is it possible to transfer to another job?

When a woman switches to part-time work, she can be transferred to another site. Of course, a similar position should be provided. Moreover, such a transfer is not even entered in the work book.

In order not to deal with bureaucracy and not to hire an employee permanent job, you can go a different way. As is known, there are civil contracts, which are issued to perform a certain type of work. With their help, you can attract a woman to regular or irregular cooperation with the enterprise. The work performed by her will be accepted using acceptance certificates. Payment will be made in accordance with the agreement. This option is beneficial for both the enterprise and the woman.

Summing up the topic, I would also like to emphasize that the employee has the right to return to full-time work at any time. For this, only her desire and a written statement are enough. There are no legal restrictions in this regard. Based on the application, the personnel officer prints the order.

Instead of an afterword

In our article, we tried to understand as much as possible the nuances of registering part-time work. To summarize, I would like to advise that if you have any questions regarding labor legislation, you should refer to a document such as the Labor Code with comments. And don’t let such a harsh name scare you. In it you can find answers to many topics that interest you. We hope that our article will be useful to you.

A request to arrange part-time work at the employee’s initiative rarely pleases employers. After all, this means that a person will work less, which means he will not be able to fully fulfill his duties. But the law allows you to switch to a shorter working day or week if there are serious reasons.

General information

A working citizen of the Russian Federation, on average, must work at least 40 hours a week. For some categories of workers (minors, disabled people, etc.) other labor standards have been established. But for most workers, 40 hours is far from the limit, so additional time is paid as overtime.

However, overtime also has its limitations. So, for example, a person cannot work longer than 4 hours for 2 days in a row. The total duration of additional hours of work per year should not exceed 120 hours. It is not difficult to calculate that the working week can increase by a maximum of 16 hours.

Often employees need to reduce the time they spend at work due to certain personal circumstances. The law allows employees to enjoy this benefit. But the agreement between him and his immediate supervisor must be documented.

The employer can either refuse or allow this rate to be reduced. He has no right to refuse only when the request is voiced by a pregnant employee, an employee with a young child, etc. If an employee has other reasons for reducing working hours, then the resolution of the issue remains at the discretion of the manager.

Registration

Part-time working hours must be formalized by law. It’s not enough to coordinate the issue with your superiors and start going to work according to a new schedule. Without registration, this will only be absenteeism and an additional reason for dismissal. As for the timing, the manager can transfer the employee to part-time work for any period, for example, a week or a month.

Management can reduce time in the following ways:

• reduce the number of working hours per day;
• set the minimum duration of a 5-day working week;
• use both methods, reducing both hours and number of working days.

In the Labor Code you can find information only about maximum quantity working hours per week. The minimum standard is contained in the resolution of the State Labor Committee, and when reducing time, this must be taken into account. Working day, according to this normative act, must be at least 4 hours. Accordingly, a week is 20 hours of work. This limit must be taken into account, although the law does not prohibit, in case of production necessity (when the initiator is the employer), working 2 hours a day or only a few days a week.

Read also Types of breaks that are included in working hours and paid

When an employee requests a reduction in working hours, he himself sets the required length of the day or week. But the employer may not be satisfied with this, so you need to find a compromise and reduce the number of hours so that it does not infringe on the rights of both parties.

According to labor law, an employee can ask the boss for incomplete working day, not only when already employed, but also when applying for a job. In the first case, the parties are required to enter into an additional agreement to the employment contract, which should indicate the following:

• terms of reduced working hours;
• cause;
• details of the parties.

This document is drawn up in several copies, one of which remains with the subordinate. If an employee expresses his request during employment, then everything necessary information are indicated in the agreement itself.

An employer may require documents from his subordinate confirming the need to reduce working hours. These could be, for example, medical certificate(during pregnancy), child’s birth certificate, etc.

The HR department employee is required to make appropriate changes to the time sheet. As a rule, many enterprises use the T-12 form. If the employee has registered for part-time work, then in columns 4 and 6 you must indicate a special letter code (“I”) or put “01”.

If this is a shortened week, then weekends are designated by the letter “B” or the numbers “26”. When filling work book information about reduced working hours is not indicated either upon employment or upon subsequent dismissal of an employee.

Statement

To register part-time work on the initiative of a subordinate, his application is required. The form of the document is not established by law, so you can use a suitable sample from the personnel department. An application for transfer to part-time work must contain the following points:

• the length of the period when a person needs part-time work or a week;
• type of shortened working hours;
• the date from which the new schedule will operate.

The application must be drawn up in two copies. One document remains with the employer, and he signs the second and gives it to the employee. If an employee does not have documents proving a serious reason for reducing working hours, then the manager is obliged to warn him of a possible refusal. The employer also has the right to demand this document officially.

Read also Nuances of the working day of a disabled person, benefits and guarantees

Order

If the parties have agreed to reduce working hours, then the employer must issue an order to transfer the subordinate to a new schedule. In the event that the boss will reduce the work time of an already employed employee, the order is drawn up in free form. The compiler only needs to adhere to the rules of office work and provide basic information.

If an order to transfer to part-time work on the initiative of a subordinate is issued during his employment, then the employer uses a special T-1 form.

Salary

In the case of reduced working hours, the employee must understand that his earnings will suffer as a result. In other words, it will be equal to either the amount of time worked or the amount of work completed. But these are the only restrictions that await an employee working part-time.

Let's say Sokolova P.L. as a manager with a standard 40-hour work week, she received a monthly salary of 45 thousand rubles. In connection with caring for a sick relative, she was transferred to a shortened day. Now, instead of 8 hours a day, she works only 6.

What salary can she receive, suppose, for October, which has 21 working days? To calculate, you need to divide 45 thousand rubles by 40 hours, and then multiply by 30. 45,000 / 40 * 30 = 33,750 rubles. This is what will happen wages Sokolova P.L. for October with part-time work. If there is a need to calculate the average salary, then it is carried out in a standard manner and takes into account payment when the entire norm is met.

The employer does not have the right to shorten the vacation of a subordinate by compensating for his shortened working week with rest days. This also applies sick leave, which the employer is obliged to provide in accordance with all the rules. There are also no restrictions related to insurance premiums, length of service, etc.

Employer initiative

Shortened hours can be established not only at the request of one or more employees. Sometimes this step is used by organizations in case of some economic problems or changes. technological process. In the first case, the employer has only two options - part-time work or staff reduction.

Under certain circumstances, employees may work part-time. The minimum part-time working time is determined by the employer and is not established by law.

Part-time work may be provided for in an agreement between the employee and the employer. In this case, the employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14 years (a disabled child under the age of 18 years), as well as a person caring for a sick family member in accordance with the medical report issued in accordance with the procedure established federal laws and other regulatory legal acts Russian Federation.

The duration of part-time work for this category of workers is not limited to a minimum amount and in practice is established taking into account the wishes of the employee and the actual timing of his performance of a certain labor function during his work.

Under such working conditions, the employee is paid in proportion to the time worked. All social guarantees are retained by the employee. That is, he also has the right to annual paid leave, sick leave, etc.

A reduction in working hours can occur both at the initiative of the employer and at the initiative of the employee. From the employer's side - in case of change or reduction production process. On the part of other categories of employees - under any other conditions expressed in their applications that seem sufficiently significant to the employer.

Minimum amount of part-time work

The Labor Code does not establish a minimum working time, only a maximum - 40 hours per week. Consequently, in situations requiring the transfer of employees to part-time or part-time work, the employer himself sets the length of working hours.

This occurs in cases where, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.), the terms of the employment contract determined by the parties cannot be fulfilled.

The employer is obliged to notify the employee in writing no later than 2 months in advance about upcoming changes (in this case, the introduction of part-time work), the terms of the employment contract determined by the parties, as well as the reasons that necessitated the need for such changes, unless otherwise provided by the Labor Code.

When the reasons indicated above may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of the Labor Code for the adoption of local regulations, to introduce a part-time working day (shift) and (or) part-time work week for up to 6 months.

If an employee refuses to continue working part-time (shift) and (or) part-time week, then the employment contract is terminated due to a reduction in staffing levels. In this case, the employee is provided with appropriate guarantees and compensation.

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

In cases where the employer takes such a step to avoid mass layoffs, this duration can be even one hour per day. Moreover, due to the fact that the employee switches to special working conditions, his monthly salary may be less than the minimum wage. That is, the employer does not pay the employee up to the minimum wage if the salary, calculated in proportion to the time worked, is less than this norm.

Note. The employer can set any duration of part-time work.

Too little part-time work: consequences

Depending on specific production conditions, a different working time may be established. Based on working conditions and performance specific function(for example, teaching) the duration of part-time work can be, say, 2-3 hours a day or 1-2 days a week.

Failure to comply with the obligation to notify the employment authority may result in liability in the form of a fine:

— for an organization — in the amount of 3,000 to 5,000 rubles;
- per manager - in the amount of 300 to 500 rubles.

As recommendations on the length of working hours, it can be noted that it is best to set the working hours for employees so that they have time to perform the necessary job functions and at the same time do not feel that any rights are being infringed.

A. Khon,
Chief Accountant of the NAEKO GMK group of companies

Expertise of the article:
B. Chizhov,
Deputy Head of the Office Management Department
Business Administration Federal service on labor and
Employment, State Councilor of the Russian Federation II class

“Current accounting”, N 5, May 2011

*(1) art. 92 and 93 Labor Code of the Russian Federation
*(2) Art. 93 Labor Code of the Russian Federation
*(3) Art. 91 Labor Code of the Russian Federation
*(4) Art. 74 Labor Code of the Russian Federation
*(5) clause 2, part 1, art. 81 Labor Code of the Russian Federation
*(6) Art. 423 Labor Code of the Russian Federation
*(7) clause 8 post. State Labor Committee of the USSR and the All-Russian Central Council of Trade Unions dated April 29, 1980 N 111/8-5