Shortened work week and part-time work - what you need to know. Who is entitled to a reduced working day

The transfer of employees to a part-time work week is a measure necessary to save the enterprise's funds. As a rule, it is relevant in times of financial crisis. With a lack economic resource the employer has two options for solving the problem: either a reduction in staff, or a reduction in the working week and a commensurate reduction in spending on salaries. The latter measure is the preferred one.

According to Convention No. 175 and Regulations of the State Labor Committee No. 111 / 8-51, a week is considered incomplete if the duration is less than 40 hours. Translation into incomplete week at the initiative of the employee and at the initiative of the employer - procedures that differ significantly from each other.

The transition to a new regime at the initiative of the workers

The employee has the right to ask the employer to reduce the working hours. To do this, you need to send an appropriate application to the director. The transition to a partial week can be done in three ways:

1. Reducing the length of each working day.
2. Reducing the number of shifts per week while maintaining the length of the working day.
3. A combination of these options.

In the application, the employee must indicate which particular mode reduction scheme is preferable for him. You also need to enter the following information:

• Preferred shift duration.
• The duration of the new regime.
• The date the schedule was introduced.

Article 93 of the Labor Code of the Russian Federation contains a list of employees to whom the employer cannot refuse to transfer for an incomplete week:

• Pregnant.
• Parents of a child under 14 years of age or under 18 years of age if he has a disability.
• A person who takes care of a relative who is seriously ill.
• Parents of a baby up to 1.5 years old.

If the employer refused to reduce the work of these categories of employees, they can challenge this decision in the judicial authority. After the manager has received the application, he must discuss the future work schedule with the employee. As a result of the agreement, an agreement is drawn up, which is attached to the employment contract. The agreement must be drawn up in two copies. Each of them is signed by the employee and the employer.

NOTE! There are no restrictions in the legislation regarding the reduction of the working week.

Part-time transfer at the initiative of the employer

An incomplete week can be introduced either when an employee is hired, or if there is already a specialist in the state. The introduction of the schedule in question is quite convenient for the employer. This is the preferred option for downsizing. When carrying out the procedure, it is required to be based on current regulations.

Part-time working week makes sense to enter in the following cases:

• New equipment was put into operation at the enterprise.
• Various developments, including those obtained as a result of scientific research, have been introduced.
• Reorganization carried out.
• The company has changed its profile.
• New methods of control and planning were introduced.
• Production management has changed.
• Jobs have been improved after certification.

IMPORTANT! Do not confuse the concepts of "reduced" and "Incomplete" weeks. abbreviated work time- 36 hours per week instead of 40 (24 for underage employees) - provided for special conditions labor or special categories of workers. And incomplete can be arbitrary and is established by agreement, both during employment and later.

When introducing a new schedule, the employer must coordinate his initiative with the trade union. To do this, it is necessary to draw up an appropriate draft order. The document contains the following information:

• Date of introduction of the new schedule.
• Mode form (reduction of hours or days).
• Employees for whom the schedule is entered.
• Reasons for innovation.

Within five days, the trade union is obliged to prepare a response to writing. The employer must listen to the opinion of the institution. However, he has the right to go against the trade union. But it must be provided that the employees of the trade union have the right to apply to the labor inspectorate or the judicial authority.

IMPORTANT! incomplete work week introduced for a limited period. The maximum period is six months, which is established by part 5 of article 74 of the Labor Code of the Russian Federation.

When approving a new schedule, keep in mind the following rules:

• 2 months before the introduction of the new schedule, employees must receive appropriate notifications.
• Payment is made in proportion to working hours. That is, the company reduces the cost of paying salaries.
• Work on a reduced schedule is included in the length of service.
• Such work does not affect the duration of the vacation and the provision of other guarantees.

The transition to a part-time week - this, as a rule, means the appearance of another day off. These days will not be paid.

• The schedule of reduced working hours is not displayed in any way in the work book.
• Such employees receive sick leave, maternity, vacation and other payments in full, without reductions.
• Change order staffing publishing is not required.
• It is allowed to hire another employee on a part-time basis with the same part-time work schedule, or you can apply for a combination with another employee.

In addition, with a part-time work week, employees lose the right to a “short” day before a holiday or weekend.

What if employees don't want to?

Hired personnel have the right to disagree with the requirements of the employer. No one can force a person to work according to a different schedule if he does not want to. However, the legislation does not require the authorities to take into account the will and seek the consent of employees to introduce a part-time working week, but only to notify them in advance. What response options does an employee have who is categorically not satisfied with such a schedule?

1. Leave work for own will or by agreement of the parties.
2. Be fired due to a reduction in the number or staff (at the initiative of the employer).

The procedure for transferring to an incomplete week

Consider the procedure for establishing innovations at the initiative of an employee:

1. Receiving a statement from an employee.
2. Drawing up an order for an incomplete schedule.
3. Drawing up a supporting agreement with relevant information, which is attached to the employment contract.

The procedure for approving the schedule at the will of the employer:

1. Drafting an order.
2. Referral of the project to the union.
3. Employees are notified of schedule changes.
4. Issuance of the corresponding order.
5. Sending notice of schedule changes to the employment center.

Notification to the employment center must be sent within three days from the date of approval of the decision. If the employer does not do this, he is liable in the form of a fine. The manager will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. Changed data must also be sent to the statistical authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics authority by the 8th day of the month following the reporting quarter.

Features of drawing up an order for the approval of an incomplete week

When introducing an incomplete week, an order must be issued. It is compiled in free form, but it must necessarily reflect the following information:

• Reasons for innovation.
• Graph form.
• The length of the working day.
• Length of lunch break.
• Schedule expiration date.
• The composition of employees or departments for which a partial week is introduced.
• Features of the calculation of earnings.
• Forms of payment of funds.

The order must be signed by all key persons of the company: the head, the chief accountant, the manager of the personnel department, the employee in respect of whom the schedule is being introduced.

IMPORTANT! If the schedule is introduced in relation to a specialist who gets a job in a company, this must be recorded in the order for hiring an employee.

What can not be done with the introduction of a part-time work week?

The new schedule must comply with the law. The employer must keep in mind the following prohibitions:

• The introduction of an incomplete week for a period exceeding 6 months.
• Application of the schedule: rest for a week, work for a week.
• The introduction of a "floating" chart. A “floating” schedule means an unequal number of hours per week.

The employer is not recommended to contradict the opinion of the trade union. This can be done, but disagreements are fraught with a court or an audit by the labor inspectorate. The manager must keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.

Legislative innovations regarding part-time work

In 2017-2018, some changes were made to the laws regulating working hours, including part-time.

1. From June 26, 2017, it is possible to establish not only an incomplete shift or a part-time working week, but also to reduce the daily length of the working day (Article 93 of the Labor Code of the Russian Federation).
2. The law allowed the employer not to arrange lunch breaks if his staff works on a reduced schedule with working hours of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).

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

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

The specified procedure must be carried out in accordance with the norms of the Labor Code, and include the following actions of the employer:

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 notice period for planned changes in the terms of the 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.

The dilemma of the modern employer looks like this: reduce employees or their working hours? An experienced boss often chooses the latter. According to statistics, today every fifth officially employed citizen works on a reduced working week.

Any employment relationship by law must be formalized legally. IN Russian Federation such norms are determined by the Labor Code. It also enshrined the concept of a standard work week, the duration of which is 40 hours.

Regulation under the Labor Code of the Russian Federation

According to his 15th chapter, a shortened week is called one in which net working time is less than 40 hours for permanent and seasonal employees. At the same time, such a schedule must be legally issued by the employer.

Please note that exceeding this number of working hours is unacceptable according to the Labor Code.

The only exception is work on a shift system, where the duration of work and the schedule of exits are fixed in the employment contract.

Reduction of working time is not always a consequence of a crisis in the company. According to the Labor Code of the Russian Federation (Article 92), it is mandatory to install it in such cases:

• An employee hired under an employment contract has not yet reached the age of 16. In this case, the maximum allowed number of working hours is 24.
• For persons aged 16 to 18, the permissible number of working hours is 35.
• For employees who have I and II disability groups, it is allowed to set up to 35 hours per week.
• If the working conditions have received a 3 or 4 degree of danger, the maximum number of hours allowed is 35.
• If the employee is a student in a working specialty - no more than half of the allowable time.

In addition to these regulations, a shortened week may be established at the initiative of the employer for any other category of workers in accordance with the Federal Law of 2006.

The schedule for workers is once a month, quarter or year. The employer undertakes to clearly keep records of the working time of the subordinate, to draw up reports for the past quarter. According to the Labor Code of the Russian Federation, it is this indicator that is the basis for calculating the amount of wages, vacation pay, sick leave, severance pay, and the like.

Does the employer have the right to impose such a procedure?

Reducing working hours is a normal practice in Russia. According to article 92, the working week is reduced for people with disabilities, on the basis of age, for harmful working conditions, etc. In addition, the federal law from 2006 allows the employer to reduce time on their own initiative. It was he who laid the foundation for the legal right to reduce the output of employees, transferring them to a less intense work schedule.

The duration of the working day, shift or week is initially fixed in the employment contract, which is concluded between the employees and the head of the company. It is possible to change the terms of the agreement under the circumstances enshrined in Article 74 of the Labor Code of the Russian Federation. All of them are directly related to the production process:

• change in the technological process of production, technology;
• reorganization of production;
• other changes.

Reduced working hours this case- an alternative to the reduction of personnel after the reorganization of the production process, as a result of which such a number work force is no longer needed to complete the tasks. If an employee refuses to switch to a new mode of work, employment contract with it can be terminated with subsequent material compensation.

The maximum allowable time reduction period is 6 months, the employer is also obliged to coordinate any large-scale personnel changes of this type with the trade union organization.

To whom is it required by law?

At the request of the employee, the manager can set him such a framework for work. According to article 93 of the Labor Code, the employer is obliged to arrange a part-time / shortened week:

• for pregnant women;
• if the employee has a child under the age of 14, one of the parents is allowed to apply;
• one parent of a child with a disability under the age of 18;
• if a subordinate takes care of a sick relative on a medical report;
• if an employee has taken parental leave while retaining the right to receive state benefits, the rule applies to both parents or guardians in accordance with Article 256 of the Labor Code.

An employer can also make a reduction proposal, using the same provisions of the Labor Code.

In addition, the management of the organization is obliged to change the cooperation agreement according to the age criterion: if the person carrying out labor activity is under 18 years of age or is receiving a retirement benefit.

Registration procedure

The shortened week involves the scrupulous preparatory work of the employer, consisting of several stages:

1. Necessary issue an order about upcoming changes in the mode of operation with legal and systemic justification. It is necessary to mark all the structural divisions that will be affected by the changes, to highlight the new mode of operation. There is no national standard form of the document.
2. Necessary notify employees. You can assign responsibility for notifying the team about upcoming changes. The official notice must take place at least two months before the planned changes in writing. Each employee must familiarize himself with the document against signature, this is the guarantee of the employer that in court his decision to transfer to a shortened week will not be canceled. If a person refuses to sign a notice, it is enough to draw up in the presence of 2 more people
3. Necessary inform the job board no later than three working days after the introduction of changes in the work schedule. This is required by article 25 of the state law of 1991. In case of violation of this paragraph, a fine may be imposed on the organization.

Some of the nuances of the duration of working time and rest are analyzed in the following video:

The nuances of wages

A reduction in the duration of labor means a reduction in wages under any system of payment. Even if you received a fixed salary, its size should decrease in proportion to the new output.

With such a transition, employees are paid based on the hours worked or the amount of work performed, depending on the type of contract with the organization.

All other payments: sick leave, business trips, vacation pay, etc. remain the same amount specified in the contract. For the calculation unit, a fixed average daily wage is taken as for a normal working regime.

If the reduction in working hours did not occur at the initiative of the employer, but according to the law (Article 92 of the Labor Code), then the amount of wages does not change, despite the decrease in hours of activity.

can be installed in the organization only in exceptional cases. At the same time, the legislation provides for a special procedure for warning employees about the upcoming change, limits the duration of a short working week and establishes the specifics of payroll in this situation. Let's take a closer look at these aspects.

Normal working week

The law defines the basic standards for the working conditions of a working person. These include: the duration of the minimum paid leave, the duration probationary period, minimum size salaries and, of course, working hours.

Working time is the period of time an employee performs his job duties. The employer must keep records of the time worked by each employee.

In accordance with Art. 91 of the Labor Code, the standard duration of a 7-day work day is 40 hours, that is, an 8-hour working day with a workload of 5 days a week. In addition to this, employees creative professions, for example, film production employees, theater workers perform their official functions according to an individual daily schedule agreed in the internal documents of the enterprise.

Reduced working hours and part-time work

In addition to the standard working hours, the Labor Code contains definitions of "reduced working hours" and "part-time work". In fact, these are similar labor circumstances, representing the duration of the work process less than the legally established standard.

Reduced working time applies to certain groups of employees who, due to age, physical characteristics or the specifics of working conditions, find it difficult to perform official duties throughout the established standard of the working week. The employer is obliged to reduce the standard working hours for these workers.

Part-time work can be applied both to the working week and to the working day and is determined by agreement between the employee and the management of the organization. Only in relation to some employees (for example, pregnant women) does the employer have an obligation to determine part-time work for them, but also only at the request of the employee.

The duration of the working day or week is one of the conditions of the employment contract between the employee and the management of the organization. With regard to the reasons due to which the employment conditions established in the contract are changed, the law provides for the following.

Download contract form

In accordance with Art. 74 of the Labor Code of the Russian Federation to change the previously agreed working conditions possible in case of upcoming organizational or technological changes, such as:

• changes in the technique or technology of the production process;
• regular reorganization of production;
• other changes.

If the stipulated reforms can lead to a large-scale dismissal of employees, the management of the enterprise, in order to save jobs, is entitled to establish an order for part-time work (shifts, days or weeks), coordinating such changes with the trade union organization.

The law allows to reduce working days for up to six months. If the abolition of reduced working hours is expected earlier than the day determined for this day, the opinion of the trade union must be taken into account.

In the event that the worker does not agree to work part-time, the employment contract with him may be terminated. The reason for dismissal in this situation will be a reduction in the staff unit. In this case, the reduction procedure must be followed. The employee must be transferred all the cash payments that are established by law as compensation for reduction.

How to arrange a shortened working week at the initiative of the employer

Shortened work week involves a rigorous preparatory procedure. Each step is documented in writing.

So, to establish a regime of part-time work at the enterprise, you need:

1. Issue an order to the organization about upcoming changes in the working environment.

   The order must contain a systematic rationale for the need for the declared changes; be listed structural divisions of the enterprise, which will be affected by these innovations; clarified the specific mode of operation during the shift, day or week. In addition, the order must contain the start date of work in the new mode and the period for which it is introduced in the organization. The document should establish those responsible for notifying the team of employees. There is no strict statutory form for such an order, therefore, an order for an enterprise is drawn up in a free form, in the form that is common for such documents in a particular organization.

2. Notify employees.

   Each employee who will be affected by a change in the working regime must be notified about this 2 months before the upcoming changes. This is very milestone transition to new order work, as non-compliance given condition may result in judicial overturning of the part-time work order and recovery of the pay difference. Therefore, notification of changes must be in writing. Each employee must sign for receipt of the notice of change, indicating the date of receipt. If the employee does not want to sign the notice, you need to prepare an act to this effect in the presence of 2 witnesses.

3. Inform the job board.

   In accordance with paragraph 2 of Art. 25 of the Law “On Employment in the Russian Federation” dated April 19, 1991 No. 1032-1, within 3 days from the date of the decision to establish part-time work in the organization, the employment service must be notified of this. If the employment authorities are not notified within the statutory period, a fine is possible in accordance with the administrative legislation.

Compensation for a shortened work week

Reducing the length of working time at the initiative of the employer, despite the natural increase in the period of rest, is not very beneficial for employees, since the amount of wages is necessarily reduced. Rostrud, in a letter dated 06/08/2007 No. 1619-6, specifically draws attention to the fact that with a reduction in the length of working time, the amount of salary decreases with any payment system (salary, tariff rates, mixed payment system).

When working under conditions of reduced working hours, labor is paid based on the actual hours worked or the volume of work performed.

Meanwhile, part-time work should not affect the duration of the vacation, other labor guarantees. Average daily pay for payouts sick leave, travel, vacation pay is calculated in the usual manner, despite the fact that in the billing period the employee had a change in working conditions.

It is important to distinguish between a shortened working week at the initiative of the employer and a shortened working week by virtue of the law (Article 92 of the Labor Code of the Russian Federation). In the latter case, the reduction in working time does not affect pay, but is the responsibility of the employer. The above-mentioned categories of workers receive the same salary as those who work full time.