Part-time, half-time job. Reduced working hours and part-time work

In the case when there is a decrease in production volumes, the employer has to make a choice between reducing staff or reducing working hours. Both of these procedures, as a rule, raise a lot of questions regarding the correctness of their implementation in accordance with the norms of labor legislation. What is the procedure for introducing reduced working hours? What is the form and content of the relevant administrative documents? Is it possible to make redundancies during part-time work?

Reasons for switching to part-time work

The establishment of part-time work for employees at the enterprise is a measure aimed at overcoming the temporary difficulties of the enterprise. Thus, the employer reduces labor costs, keeps production in an active mode and, at the same time, tries to maintain labor relations with experienced, qualified personnel.

Work time

The time during which the employee must perform the assigned labor duties is working time. Art. 91 of the Labor Code of the Russian Federation provides that additional intervals can be attributed to working time if there are corresponding instructions in the legislation. The specific duration and schedule of the working day is established by the internal labor regulations of the enterprise. At the same time, there is a 40-hour limit on the duration of working time per week.

part-time work

The Labor Code provides for the possibility of reducing the execution time job duties. In accordance with Art. 93 of the Labor Code of the Russian Federation, part-time work can be established by mutual agreement of the employee and the employer. At the same time, it is allowed to make such changes both when hiring, and during the continuation of the employment relationship. After the establishment of partial time, remuneration is made in accordance with the period worked (volume of work).

In fact, part-time work involves reducing working time in several ways:

• reduction in the amount of daily workload (hours))
• reduction in the number of workdays per week
• simultaneous reduction of daily workload and reduction of working days per month.

Establishment of part-time work at the unilateral initiative of the employer

In Art. 74 of the Labor Code of the Russian Federation provides for the right of the employer to establish part-time work without obtaining the consent of employees in the event of a threat of mass layoffs and to save jobs. Such a threat may arise due to changes in the organizational or technological conditions of production. The period for which part-time work is established is limited to six months in this case.

To determine the mass layoffs, one should use sectoral or territorial agreements (Article 82 of the Labor Code of the Russian Federation). In most cases, the main criterion for the mass nature of the expected reductions is the indicator of the number of dismissed workers in the established calendar period.

Incomplete time setting procedure

This procedure must be carried out in accordance with the regulations Labor Code, and include the following employer actions:

1. Making a decision and issuing an order for the enterprise on the establishment of part-time work. The order must contain information on how the new mode of operation is established: due to daily reduction of hours or transfer to a part-time work week.
2. Familiarization of staff about decision. The consent or disagreement of the employee is made in writing, with obligatory indication dates.

Reduction of hours and transfer to a part-time work week

It must be remembered that changes in working conditions should not change the position of the employee for the worse in comparison with the original terms of the collective agreement. Also, Article 74 of the Labor Code of the Russian Federation provides that the opinion of the elected body of the primary trade union should be taken into account.

Refusal of an employee to continue working in a new mode

Labor legislation provides that in case of disagreement of some employees with the continuation of work in the new working regime, labor relations with them must be terminated.

In accordance with Art. 74 of the Labor Code of the Russian Federation, reduction in part-time work occurs on the basis of clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. At the same time, the dismissed employee retains the right to receive all relevant guarantees and compensations.

Features of the reduction of abandoned workers

When applying this norm, very often there is a discrepancy between the prescriptions of the Labor Code. According to some authors, when applying this rule, the question may arise about the beginning of the expiration of the two-month notice period for dismissal, provided for in clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. Some experts suggest that this period is included in the warning period for planned changes in conditions. employment contract. According to other data, the reduction during the period of part-time work should take place with a warning to the employee about the upcoming reduction, at least two months before the actual dismissal.

Thus, within a period of two months after notification of the establishment of part-time work, the employee has the right to decide to refuse to continue the employment relationship. After informing the employer in writing about his decision, he must be notified of the upcoming dismissal under clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, subject to a two-week period.

Guarantees and compensation upon dismissal

The employer should remember that when terminating the employment contract, for the indicated reasons, the employee retains the right to all guarantees and compensations provided for in Chapter 27 of the Labor Code of the Russian Federation. In particular, the dismissed employee must be offered a vacant position at the enterprise, and on the last day of work, severance pay must be paid.

Accounting for the opinion of the trade union

Reduction in part-time work occurs in accordance with Art. 74 Labor Code of the Russian Federation

Since the establishment of a reduced working time regime is possible only taking into account the position of the trade union, in the case of such actions, the employer must comply with the requirements of Art. 372 of the Labor Code of the Russian Federation, namely:

• Send a draft administrative document on the establishment of part-time work with explanations of the reasons to the trade union.
• Within five days, from the moment of notification of receipt of the project, wait for a response document -) of a motivated opinion on the specified issue.
• If the trade union disagrees with the project, the employer agrees to this, or conducts additional negotiations within three days.
• In the event that mutual agreement is not reached, it is necessary to draw up a protocol of disagreements.

After completing all the above steps:

• The employer has the right to issue the declared order on the transition to a new mode of work)
• The trade union can appeal against the issued order in court or the labor inspectorate.

You should be aware that the labor inspectorate is obliged to conduct an audit on the complaint and, if violations are found, issue an order to cancel the order.

Notifying the employment service

Within three days from the moment the relevant decision is made, the employer must inform the employment service about the introduction of part-time work for employees. The information must contain complete and true information. Otherwise, in accordance with Art. 19.7 of the Code of Administrative Offenses of the Russian Federation, an administrative fine may be imposed on an official.

Equal to forty hours. However, according to labor standards, some workers are entitled to reduced or part-time work. Despite the apparent similarity of the name, these concepts are not identical: they are used for different reasons and entail different consequences.

Part-time employment - what is it?

By agreement with the employer, certain categories of employees may work part-time. This is possible by reducing the number of hours worked per week (for example, from forty to thirty) or by reducing the number of days worked per week while maintaining their standard duration (for example, working eight hours from Monday to Thursday).

Payment under this schedule will be made either for hours worked or for the amount of work performed. It is worth emphasizing that this type of employment does not affect vacation or calculation, that is, vacation, seniority, sick leave, and other payments will be considered in the same way as with a full working day (week).

Who is eligible for part-time work?

You can apply for a transfer to a part-time schedule:

• pregnant women;
• raising a child under the age of fourteen;
• employees raising a disabled child up to the age of majority;
• employees caring for a sick family member.

The reduction of the week (day) is set by them upon their personal application, while the employer does not have the right to refuse, regardless of the nature of the work.

Part-time employment is also possible for employees raising children under three years of age, and with the preservation of the right to benefits.

Part-time work at the initiative of the employee can be set for a certain period (for example, until the child reaches a certain age) or indefinitely.

As in the first case, payment will be made based on the hours (shifts) actually worked, while retaining the right to full leave and adding hours worked to the length of service.

Shortening the working day

Unlike part-time, a shortened day is set without fail, regardless of the desire of the employee or employer, to the following categories:

• teachers and those working in harmful and / or dangerous conditions - 36 hours;
• disabled people of the first and second groups - 35 hours:
• employees under the age of sixteen - 24 hours.

The working day is reduced by an hour for absolutely everyone working on the holiday, including if the holiday fell on a weekend and was postponed. In addition, a reduced day can be set for other categories of employees, for example, those working with materials infected with the immunodeficiency virus, doctors, and also in certain cases, for example, during the summer months.

The payment for reduced working time is calculated as for full time worked. In other words, a reduced number of hours for these categories of employees is the norm, and only their shortfall will lead to the need to recalculate salaries.

Thus, the concepts of reduced and incomplete time are different from each other. The first is a variant of the norm, the second is the possibility of reducing it without saving earnings for unworked hours.

A shortened working day does not mean 40 hours per week, as written in the Labor Code, but starting from 39 and less. It is provided in several cases, which are provided by law. Accordingly, if you fall into this list, then you have the right to demand that the management reduce the number of working hours.

Pregnant women. Expectant mothers, regardless of, have the right to work not 8, but 7 hours a day with a five-day standard working week. A shortened working day for pregnant women is provided from the first trimester, as soon as the woman finds out about her situation. In the future, she may ask to reduce the day to 5-6 hours, if the state of health is satisfactory or poor. Also, the employer is obliged to reduce to 20 if he works in hazardous work. The salary remains the same.

A shorter working day may be required by mothers who have a child (children) under the age of 14. Single mothers are given a short working day on the same basis as married women.

Women who have a disabled child of any age who lives with her. disability in this case- the first and second groups.

Men raising a child without a wife. The same rights as a woman have a single father.

Workers with disabilities can also count on short working hours.

Minor employees under the age of 18.

Employees of harmful production.

In addition, the employer is obliged to introduce a shorter working day before the holiday. Just don't count on a 50% reduction in hours. As a rule, employers, not wanting to pay extra cash, which employees have not earned, reduce the day by a maximum of 10%. At the same time, they have the right to distribute this time over the entire working week in order to make up for the norm of hours.

Employers go to other tricks. They provide a short day without talking, but wages pay based on hours worked. Thus, a shorter working day has a strong impact on the cash payment.

In order to demand from the employer a reduction in the working day, you will have to collect documents confirming the reason for the transition to new working conditions. These can be medical certificates with a conclusion about pregnancy, health status or disability of the child. You will also need to bring documents

confirming that you have children under 14 or that you are raising them alone.

Of course, you can claim all the rights listed only from state enterprises, private organizations that do not work according to the labor code will most likely refuse you and you will not be able to do anything. Also, if you immediately ask the management for a reduced working day upon employment, then expect a refusal to accept you for a position. Of course, this is not legal, but the company will find a reason why you will not be suitable as a required employee.

The duration of the working week in a number of situations can be determined by the parties to the employment contract independently, but at the same time, the law regulates the maximum limits of working time, which must not be exceeded. For information on how to correctly calculate the duration of the working week in a particular case, read our article.

Normal working week

The working week in the Russian Federation cannot last more than 40 hours (see paragraph 2 of article 91 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ). This rule is relevant for any work regime, including both 5- and 6-day working weeks.

In the 1st case, the duration of the working day should be a maximum of 8 hours. In the 2nd, since the Labor Code of the Russian Federation does not regulate the duration of the working day with a six-day period, its duration is entered individually by each employer, taking into account:

• the maximum allowable duration of daily labor (see article 94 of the Labor Code of the Russian Federation);
• the need to limit the duration of working time to 5 hours per day on the eve of the day off (paragraph 3 of article 95 of the Labor Code of the Russian Federation).

On the basis of this parameter (duration of the working week), in the future, working time norms can also be calculated for other accounting periods (see clause 1 of the Procedure for calculating the working time norm ... ”, approved by order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n).

At the same time, for certain groups of workers, the employer must / has the right to provide for reduced or part-time work.

Also, the duration of night shifts should be reduced by 1 hour (paragraph 2 of article 96 of the Labor Code of the Russian Federation).

Shortened work week

This mode of labor organization provides that the employee actually has to work less than the normal duration of the working week, the number of hours for the same period of time.

The list of persons to whom such a working week should be introduced is regulated by Art. 92 of the Labor Code of the Russian Federation. These include persons:

• Under 16 years of age. They are supposed to work a maximum of 24 hours a week.
• Over 16 years old, but under the age of majority. Their working week should not exceed 35 hours.
• Having a disability of I or II group. Their labor activity duration should remain within 35 hours per week.
• Working conditions in workplaces which have been duly identified as harmful or dangerous. These persons are supposed to introduce a working week of up to 36 hours (see also paragraph 7 of the named article).

This list is not exhaustive and may be supplemented by federal legislation.

Thus, the working week of teaching staff has been reduced to 36 hours (paragraph 1 of article 333 of the Labor Code of the Russian Federation).

Another category is healthcare workers. As a standard, their working week can reach 39 hours (paragraph 1 of article 350 of the Labor Code of the Russian Federation). But Decree of the Government of the Russian Federation of February 14, 2003 No. 101 regulates the list of specialties of medical workers, types of medical institutions and characteristics of working conditions, when the duration of work is limited to a greater extent.

Workers in the countryside or in the territory Far North women should be introduced a working week lasting a maximum of 36 hours (paragraph 1, clause 13 of the resolution of the plenum of the RF Armed Forces dated January 28, 2014 No. 1).

There are other cases when the reduction of the working day is mandatory, related to the characteristics of the employee or the labor process.

Features of payment for a shortened working week

Such a workweek for the persons listed in the previous section will be considered full and paid as a standard 40-hour, subject to certain exceptions.

The law enforcer explains: for underage workers, the amount of remuneration is directly dependent on the de facto hours worked or the volume of work performed and is determined in proportion to these indicators. Although the employer may, on its own initiative, make additional payments to such employees, including up to the wage limits of persons working full-time (paragraph 3, clause 12 of resolution No. 1).

Payment for hours worked outside the regulated duration of reduced working hours is carried out according to the rules for remuneration for overtime work (see the decision of the Murmansk Regional Court dated November 12, 2014 in case No. 33-3576-2014, paragraphs 2-3, paragraph 13 of resolution No. 1).

Duration of the working week with part-time work

In general, the working day of a person working part-time cannot last more than 4 hours. Total hours worked by a part-time worker for a certain accounting period should not exceed 50% of the regulated norm of working time for a specific category of workers (paragraph 1 of article 284 of the Labor Code of the Russian Federation).

Accordingly, if a 40-hour working week is established for a person at his main place of work, then the working week for him, already working as a part-time worker, should not exceed 20 hours.

Another example is medical workers of health organizations living and working in rural areas and urban-type settlements. They are allowed to be involved in part-time work for no more than 39 hours a week (see Decree of the Government of the Russian Federation of November 12, 2002 No. 813, adopted in pursuance of paragraph 2 of article 350 of the Labor Code of the Russian Federation).

Part-time work week: differences from the reduced

In certain cases, an employee may be introduced a part-time work week (Article 93 of the Labor Code of the Russian Federation), which must be distinguished from a shortened one.

So, in the 1st case, the remuneration for work is calculated in proportion to the time worked in fact. Reduced working time for certain groups of workers is considered full, although in terms of the volume of working hours both per day and per week it differs from the standard one downwards.

The 2nd difference is related to different ways establishment of such modes of work:

• reduced working time is introduced for a specific group of workers (see article 92 of the Labor Code of the Russian Federation);
• incomplete can be appointed both by mutual decision of the parties to the employment contract, and at the initiative of the worker himself.

A part-time work week should be introduced for such persons who have applied with this request to the employer, as:

• pregnant employees;
• 1 parent of a child under the age of 14;
• 1 parent of a minor child with a disability;
• persons caring for a member of their family in connection with the illness of the latter in accordance with the conclusion issued by the medical organization.

The organization of such a working regime is carried out on the basis of the application of the listed persons and is the responsibility of the employer (paragraph 3, clause 13 of resolution No. 1).

At the same time, the entry in work book does not contain a note that the employee works part-time (see clause 3 of the regulation “On the procedure and conditions for the employment of women with children and working part-time”, approved by the resolution of the USSR State Labor Committee, the secretariat of the All-Union Central Council of Trade Unions of 04/29/1980 No. 111/8-51).

Accounting for hours worked

Accounting for time actually worked by employees is a duty, not a right, of the employer, although they often neglect this requirement of the Labor Code of the Russian Federation (paragraph 4 of article 91 of the Labor Code of the Russian Federation).

For the indicated purposes, a special form of the time sheet is used (see form T-12, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1).

In addition to its main purpose, such a report card can be used as one of the main evidence submitted by the parties in a litigation under labor law (see the decision of the Yuzhno-Kurilsky District Court of the Sakhalin Region dated April 19, 2016 in case No. 2-73 / 2016).

In addition to such written evidence, the following may also be taken into account:

• witness statements confirming the actual presence/absence of the employee during the contested period of time;
• employment contract;
• other facts (for example, parallel work for another employer, etc.).

In addition, not always the mentioned report card can be characterized as reliable evidence. For example, often such time sheets were drawn up retroactively after instructions based on the results of an audit, etc. (for example, the decision of the Trinity City Court Chelyabinsk region dated March 23, 2015 in case No. 2-244/2015).

Responsibility of the employer for violation of the requirements of the Labor Code of the Russian Federation

An employee who believes that his rights have been infringed by the employer due to non-compliance with the regulated labor regime may apply to the court for recovery from the latter:

• Unpaid monetary reward.
• Interest for delayed wages (Article 236 of the Labor Code of the Russian Federation). The obligation to pay such compensation rests with the employer, regardless of his fault (for example, the decision of the Perm Regional Court dated March 12, 2014 in case No. 33-2160/2014).
• Compensation for moral damage. At the same time, the fact of causing moral harm to an employee whose rights were violated by the employer is presumed in accordance with Art. 237 of the Labor Code of the Russian Federation. Compensation for moral damage is not associated with the amount of property damage indicated for compensation (paragraph 63 of the resolution of the plenum of the Supreme Court of the Russian Federation “On the application by the courts ...” dated March 17, 2004 No. 2).

In addition, paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ on liability in the form:

• warning or an administrative fine in the amount of 1,000 to 5,000 rubles. - for officials;
• a fine from 1,000 to 5,000 rubles. - for persons engaged in entrepreneurship without forming a legal entity;
• a fine from 30,000 to 50,000 rubles. - for legal entities.

Repeated prosecution of this kind of responsibility for committing a similar offense is fraught with the imposition of even greater fines, as well as the possible disqualification of the relevant official (see paragraph 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Let's summarize. Maximum limit of normal working week length equals 40 hours.

Some categories of workers should be introduced a shorter working week. Otherwise, all time outside the statutory limits of the working day must be paid as overtime. Also in this case, the employee has the right to compensation for non-pecuniary damage from the employer.

By agreement between the employee and the employer, the first may be agreed on a part-time work week, although the law defines groups of workers to whom the employer is not entitled to refuse to establish a part-time work week.