home > Control > New rules for establishing a part-time work regime for an employee. Part-time labor code Art 93 of the Labor Code of the Russian Federation part-time


New rules for establishing a part-time work regime for an employee. Part-time labor code Art 93 of the Labor Code of the Russian Federation part-time




By agreement of the parties to the employment contract, the employee, both at the time of hiring and subsequently, may be provided with an incomplete working time(part-time (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established federal laws and other regulatory legal acts Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.

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

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Commentary on Art. 93 Labor Code of the Russian Federation

1. Part-time work (part-time or part-time work week) can be established by agreement of the parties (for a fixed period or without specifying a period) with payment in proportion to the hours worked or depending on the amount of work performed.2. For certain categories of employees (pregnant women, persons with underage children, caring for a sick family member in accordance with a medical report), the employer is obliged to comply with a request for part-time work.3. Part-time workers have the same rights as full-time (weekly) workers.

Judicial practice under article 93 of the Labor Code of the Russian Federation

Determination of the Supreme Court of the Russian Federation of 01.12.1998 N 49-B98-17

From the materials of the case, it is clear that the wages of employees of JSC "Tuymazykhimmash", including the plaintiff, in violation of the requirements of Art. 96 of the Labor Code of the Russian Federation and, accordingly, Art. of the Labor Code of the Republic of Bashkortostan, providing for the payment wages at least every half a month, was paid out of time, and by November 1995 there were wage arrears for several months.


Determination of the Supreme Court of the Russian Federation of September 12, 2007 N 91-Г07-22

During the development of these Terms and Conditions, the requirements of Art. Art. , , 60.1 , , Labor Code of the Russian Federation on the prohibition of discrimination, equality of opportunities for employees in exercising their rights; the dependence of wages on the qualifications of the employee, the complexity, quantity and quality of the work performed by him, the rules of payment for part-time work and work part-time or part-time.


Decision of the Supreme Court of the Russian Federation dated July 25, 2012 N AKPI12-726

K. applied to the Supreme Court of the Russian Federation with an application to invalidate the specified normative provision in the part that did not allow her to include in her special length of service the periods of work from September 1, 2000 to October 1, 2004, when she did not fulfill the wage rate established for norm of pedagogical load. He believes that the norm contested in part does not comply with Articles, the Labor Code of the Russian Federation, paragraph 12 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by the decision of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions of April 29, 1980 N / 8-51, and limits her right to early appointment of an old-age labor pension.


Determination of the Supreme Court of the Russian Federation dated November 15, 2012 N APL12-646

K.V. applied to the Supreme Court of the Russian Federation with an application to invalidate the specified normative provision in the part that does not allow to include in her special experience the periods of work from September 1, 2000 to October 1, 2004, when she did not comply with the pedagogical norm established for the wage rate loads. In support of the stated claim, the applicant indicated that the contested norm does not comply with Articles 1, 12, 15 of the Labor Code of the Russian Federation, paragraphs 1, 12, 15 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by a resolution of the USSR State Labor Committee, the Secretariat The All-Union Central Council of Trade Unions of April 29, 1980 N / 8-51, and limits her right to early appointment of an old-age labor pension.


Determination of the Supreme Court of the Russian Federation of June 16, 2015 N 301-KG15-5751 in case N A39-3748 / 2014

Under these circumstances, the courts, guided by the provisions of articles , , , , , , , , , of the Labor Code of the Russian Federation, article 11.1 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", as well as the explanations set out in paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors", came to the conclusion that the simultaneous use of two or more vacations by labor is not provided for by the legislation of the Russian Federation, and the fund rightfully refused to accept the company for offsetting unreasonably incurred expenses for the payment of childcare benefits during the time the named employees were on the next main vacation.


Determination of the Constitutional Court of the Russian Federation of November 19, 2015 N 2627-O

In addition, the applicant disputes the constitutionality of the interpretation by the courts of general jurisdiction of part three of Article of the Labor Code of the Russian Federation, according to which part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.


Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of June 17, 2019 N 32-KG19-14

Rejecting the arguments Pisareva D.A. on the failure to fulfill obligations under the said contracts due to unforeseen circumstances - the establishment of her son V., whom she is raising alone, of disability and his need for rehabilitation, the court of first instance, referring to the provisions of the articles "On the fundamentals of compulsory social insurance", articles 1.1, 2.2, 4.7, 11.1, 13 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", articles 3, 4 of the Federal Law of May 19, 1995 N 81-FZ "On state benefits to citizens having children", the courts satisfied the stated requirements, not seeing excessive payment of the child care allowance.


Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1

According to the article of the Labor Code of the Russian Federation, part-time work (shift) or part-time work week is established for pregnant women, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), a person caring for sick family member in accordance with the medical report. The provision of such working hours is carried out on the basis of the application of these persons and is the obligation of the employer. This rule also applies to other persons raising children under the age of fourteen (a disabled child under the age of eighteen) without a mother. In this case, wages are paid in proportion to the hours worked or depending on the amount of work performed.


Labor Code, N 197-FZ | Art. 93 of the Labor Code of the Russian Federation

Article 93 of the Labor Code of the Russian Federation. Part-time work (current version)

By agreement of the parties to the employment contract, the employee, both upon hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.

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

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

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Commentary on Art. 93 of the Labor Code of the Russian Federation

Judicial practice under article 93 of the Labor Code of the Russian Federation:

  • Decision of the Supreme Court: Determination N APL12-646, Board of Appeal, appeal

    Work from September 1, 2000 to October 1, 2004, when she did not fulfill the pedagogical load rate established for the wage rate. In support of the stated claim, the applicant pointed out that the contested norm in part does not comply with Articles 93, 423 of the Labor Code of the Russian Federation, paragraphs 1, 12, 15 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by the decision of the USSR State Labor Committee. .

  • Decision of the Supreme Court: Determination N VAC-4041/13, Supreme Arbitration Court, supervision

    When adopting judicial acts, the courts were guided by the provisions of Articles 91, 93 of the Labor Code of the Russian Federation of the Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance”, Article 13 of the Federal Law of May 19, 1995 No. 81-FZ “On State Benefits to Citizens having children." At the same time, the courts proceeded from the fact ...

  • Decision of the Supreme Court: Ruling N 301-KG15-5751, Judicial Collegium for Economic Disputes, cassation

    Regular annual paid holidays were granted until the end of parental leave, during this period they were paid childcare allowances and vacation pay for the next vacation. Under these circumstances, the courts, guided by the provisions of Articles 93, 106, 107, 114, 122, 123, 124, 125, 136, 260 of the Labor Code of the Russian Federation ...

New edition Art. 93 of the Labor Code of the Russian Federation

Commentary on Article 93 of the Labor Code of the Russian Federation

Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, an employer (including an individual) is obliged to establish part-time work or a part-time work week at the request of a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of 14 (a disabled child under the age of 18). ), as well as a person caring for a sick family member in accordance with a medical report (clause 1, article 93 of the Labor Code of the Russian Federation).

In many respects, the mode of work on a part-time basis is still regulated by union acts of law (to the extent that it does not contradict the Labor Code of the Russian Federation) and, in particular, the Regulation on the procedure and conditions for the employment of women with children and working part-time "from 29 April 1980 N 111/8-51. It has been established that when hiring with a part-time job, this is not recorded in the work book (clause 3 of the Regulation).

Both the working day and the working week can be part-time. Moreover, neither a minimum nor a maximum is established in the current legislation. According to the Regulations on the procedure and conditions for the employment of women with children and working part-time, part-time work was established, as a rule, not less than 4 hours and not more than 20, 24 hours with a five-, six-day working week.

With a part-time working day, an employee works fewer hours than established by the routine or schedule at a given enterprise for a given category of workers, for example, instead of eight hours, four.

With a part-time working week, the number of working days is reduced against a five-day or six-day week.

Part-time work may consist simultaneously in the reduction of the working day and the working week.

Such a part-time mode can also be applied, when daily work is divided into parts (for example, morning and evening mail delivery to the office of the enterprise, etc.).

Part-time work can be established by agreement of the parties both without a time limit, and for any period convenient for the employee mentioned in Article 93 of the Labor Code of the Russian Federation, for example, for the period of the child's school year, for the period until he reaches 10 years of age, etc. . (clause 4 of the Regulations).

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Thus, the transition to the condition of part-time work is possible in connection with changes in the organizational or technical conditions of work, taking into account the opinion of the elected trade union body of this organization for a period of not more than six months. In cases where the part-time work regime is introduced at the enterprise for all or individual employees at the initiative of the administration, the following rules must be observed:

1) as follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any essential terms of the employment contract can be changed, except for the labor function, i.e. the position (specialty) of the employee provided for by the employment contract, and the range of duties performed by him;

2) the employer must notify employees of the introduction of changes in writing no later than two months before their introduction (for employers - individuals a different period is set - at least 14 calendar days (Article 306 of the Labor Code of the Russian Federation)).

Since the legislation does not establish the form of notification, therefore, it can be arbitrary. The main thing is that the text allows you to establish what the employee was notified about and when. The notice must bear the personal signature of the employee;

3) if the employee does not agree to work in the new conditions, the employer is obliged to offer him another job available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower position or a lower-paid job (also suitable for the employee's qualifications and state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment agreement (contract) on the grounds provided for in paragraph 7 of Article 77 of the Labor Code of the Russian Federation (the employee’s refusal to continue working due to changes in essential working conditions), the employment contract with him is terminated with the provision of the employee with the appropriate guarantees and compensation. Moreover, the employee has the right to declare his disagreement and quit on this basis only until the introduction of the part-time regime (for this, the rule of a 2-month warning period has been established). If the employee changed his mind after the introduction of this regime, then he can quit only at his own request.

The cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions for employees on the duration of annual leave, the calculation of seniority and other labor rights.

Working on a part-time basis does not entail a reduction in the duration of annual and study leave, the time of work is counted in the length of service as full-time work; bonuses for work performed are accrued on a general basis; weekends and holidays are provided in accordance with labor legislation. However, payment for part-time work is made in proportion to the hours worked or depending on the output. Part-time work is one of the essential conditions of the employment contract.

Another commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time working time is the working time determined by agreement between the employee and the employer, the duration of which is less than the normal working time established by the given employer. In the event that an employee, in accordance with the law (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, part-time work will be considered shorter than the corresponding norm of reduced working hours.

2. Part-time work can act as a part-time work week or part-time work (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

Read also: Employment contract with chief accountant

3. Part 1 of Art. 93 of the Labor Code of the Russian Federation defines the circle of persons whose requirement to establish part-time work is mandatory for the employer (a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation).

4. The use of part-time work leads, as a rule, to an increase in the efficiency of production and makes it possible to increase the employment of the population through the use of one workplace by two workers with part-time work, the formation of second shifts with the composition of workers working part-time, etc.

5. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see Part 5 of Art. 74 of the Labor Code of the Russian Federation and commentary to it.

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Article 93 of the Labor Code of the Russian Federation. part-time work

Article 93 of the Labor Code of the Russian Federation with comments and changes for 2016-2017.

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

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

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Commentary on article 93 of the Labor Code of the Russian Federation:

1. The term "part-time work" used in Article 93 of the Labor Code of the Russian Federation covers both part-time work and part-time work.

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

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

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

Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both when applying for a job, and during the period of work. The condition of part-time work must be reflected in the employment contract or drawn up as an addition to it.

2. The law does not limit the circle of persons for whom part-time work is allowed. It can be established by any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish for the employee, at his request, a part-time working day or a part-time working week. Yes, part-time work without fail installed at the request of: a pregnant woman; one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal and other regulatory legal acts of the Russian Federation.

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

In addition to the above categories of persons, the employer is obliged to establish part-time work at the request of the disabled person, if such a regime is necessary for him in accordance with the individual rehabilitation program, which is mandatory for organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Disabled Persons ).

The refusal of the employer to satisfy such a request may be appealed to the labor dispute resolution bodies.

3. Part-time work is established for a fixed period or without specifying a period. At the same time, work on a part-time or part-time working week is indicated in the content of the employment contract (see article 57 and comments to it).

Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and study leave; the time of work is counted in the length of service as full-time work; weekends and holidays are provided in accordance with labor legislation.

In work books, a mark on work with part-time work is not made.

On part-time work for women and other persons on leave to care for a child under the age of 3, see Part 3 of Art. 256 and comment. To her.

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

For the transfer to this mode, see comments. to Art. 74.

Persons hired for a part-time or part-time work week, as well as those employed at half the rate (salary) in accordance with an employment contract, are included in the list of employees of the organization. In payroll said employees are taken into account for each calendar day as whole units, including non-working days of the week, due to employment.

Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to part-time work, when determining the average number of employees, are taken into account in proportion to the hours worked (see Instructions for filling out the form of federal statistical observation N 1-T "Information on the number and wages of employees", approved by the Decree of the Federal State Statistics Service of October 13, 2008 N 258 // Questions of Statistics. 2009. N 1).

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

Read also: Length of maternity leave

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

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation

1. The term "part-time work" covers both part-time work and part-time work. With part-time work, wages are paid in proportion to the hours worked, with piecework pay - depending on the output.

Part-time workers enjoy the same labor rights as workers with regular working hours.

The commented article does not limit the circle of persons for whom the introduction of part-time work is allowed.

Recommendation N 182 of the ILO "On part-time work" (1994) contains recommendations for the employer. According to the Recommendation, "part-time worker" means an employee whose normal hours of work are less than the normal hours of work of full-time workers in a comparable situation.

2. The length of working time for a particular employee may be determined by an individual labor contract. In such situations, it is not allowed to increase the working time in comparison with the maximum norms established by law, but it is possible to reduce it by mutual agreement of the subjects (parties) of the employment contract. The law does not prohibit the parties to an employment contract from agreeing to work on a part-time basis both at the conclusion of an employment contract and subsequently (i.e. during its validity period). Part-time work with proportional pay may provide for, by mutual agreement of the parties, a reduction in working time by any number of hours or working days.

Part-time work is established at part-time work, as well as in cases where the organization provides for staffing incomplete wages.

3. Part-time work may not only be established, but also canceled by agreement of the parties to the employment contract. The initiative to introduce part-time work comes primarily from the employee, and the employer may grant his request, as long as the production process is not disrupted.

In cases where there are changes in the organization of the production or technological process, the initiative to transfer to work on a part-time basis may come from the employer, about which he is obliged to notify the employee 2 months in advance. since it means a change in essential working conditions.

4. The legislation provides that in certain cases, if there is an expression of the will of the employee, the employer is obliged to establish a part-time work for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under the age of 14 (a disabled child under the age of 18) or a person caring for a sick family member in accordance with with a medical opinion. Persons with disabilities are also entitled to part-time work. Medical recommendations on the establishment of part-time work for disabled people are mandatory for the employer (Articles 11 and 23 of the Law "On the Social Protection of Disabled Persons in the Russian Federation").

5. Part-time employees are entitled to full annual leave, as well as study leave. The time of work is counted in their length of service as full-time work. They are entitled to receive a bonus for the work performed, which is accrued on a general basis. They are provided with weekends and holidays in accordance with the Labor Code and the shift schedule. AT work books employees are not recorded that they performed part-time or part-time work.

6. When establishing part-time work, remuneration is made in proportion to the time worked without additional payment. At the same time, the employee is not entitled to demand remuneration in the amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have fulfilled the full working norm. In this part-time work differs from reduced hours of work. Part-time work is used in various ways.

Article 93 of the Labor Code of the Russian Federation

Part-time - normative base, in which cases part-time work is issued, how to draw up an employment contract for part-time / part-time work

The concept of working time according to the Labor Code of the Russian Federation, classification of working time costs, normal working hours, overtime

Judicial practice under Art. 93 of the Labor Code of the Russian Federation

Under these circumstances, the courts, guided by the provisions of Article 114 of the Labor Code of the Russian Federation, came to the conclusion that the simultaneous use of two or more holidays is not provided for by the labor legislation of the Russian Federation, and the fund rightfully refused to accept the society for offsetting unreasonably incurred expenses for the payment of care benefits for the child during the time the named employees are on the next main vacation.

The applicant disputes the constitutionality of the interpretation by the courts of general jurisdiction of part three of Article 93 of the Labor Code of the Russian Federation, according to which part-time work does not entail any restrictions for employees on the duration of the annual basic paid leave, calculation of seniority and other labor rights.

Article 93. Part-time work

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

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

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

The current economic situation has forced many organizations to reconsider the way they work. One way 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.

Deciding on terms

Part-time work is a form of employment in which the duration of the employee's working hours is less than that established by law. By agreement between the applicant and the employer when applying for a job, and also subsequently, a reduced day can be established (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not provide a definition of the concept of "part-time work". But the Convention of the International Labor Organization (24.06.1994) No. 175 defines this term as working time which is shorter than the normal working day. It should be noted that the mentioned document has not been ratified by Russia. But commitments were made to consider its provisions for approval by Russian trade unions and employers' associations.

Part time

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

  1. Reduce the duration 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 at the same time maintain the usual length of the working day or shift.
  3. Reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in a week.

However, do not confuse part-time work with a reduced one, which is mentioned 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 the age of sixteen, 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. The explanations are given in detail and in an accessible form.

Part time sheet

Everyone knows that at the enterprise, personnel officers keep a time sheet. It is on it that the accounting department then focuses on the calculation of wages. Therefore, the time sheet is one of the main documents for the personnel department.

So, in it, accounting for part-time work, at the request of the employee, is marked with the code “NS” or “25” (according to the resolution of the State Statistics Committee of 05.01.2004 No. 1). In this case, we are talking about part-time work, since non-working days with a shortened week will be marked as days off.

Wages and holidays

Part-time pay will be different than normal. The fact is that in the conditions of carrying out activities in this mode, there is a clear decrease in wages. And this is logical. The accrual will be carried out in proportion to the time that the employee worked, or for the amount of work performed by him (Article 93 of the Labor Code of the Russian Federation).

But the part-time vacation is exactly the same as with the usual schedule. When calculating vacation pay, other labor rights are also taken into account. In fact, the shortened working day does not affect the duration of the annual leave. The calculation of the average daily earnings for the calculation of travel, sick leave and vacation pay occurs in the usual manner, in accordance with the regulatory documentation. The change in the employee's work mode in the billing period does not play a role.

However, if they want to involve a person in performing a task outside the schedule that is set 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 be paid accordingly.

Work on your days off with a shortened working week is also paid in an increased amount (Articles 153, 113 of the Labor Code of the Russian Federation).

We have introduced you to the main points regarding wages if you are employed part-time. The Labor Code stands guard over the interests of citizens. However, it should be remembered that in practice those norms that are clearly indicated in the legal documents are not always followed. Therefore, we need to know our rights in order to monitor their observance.

Part-time arrangement

Sometimes it happens that people need to reduce the time spent at work for some objective reasons. And they wonder: "How to get a part-time job?" It's not difficult at all.

Earlier, we have already said that initially, by agreement of the parties, an appropriate employment contract can be drawn up. Part-time work is specified in it as the mode of work of a certain employee.

In what other cases is an employer obliged to transfer an 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 the age of fourteen. It can be either a mother or a father, or a guardian.
  3. Persons who care for a sick relative (with a medical certificate).

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

In addition, people, while on parental leave, have the right to work on a special, reduced schedule. However, they retain the right to receive social security benefits. Moreover, both the mother and the father of the child, grandmother, grandfather, guardian, who actually care for the baby (Article 256 of the Labor Code of the Russian Federation), have such an opportunity.

As we said above, the transfer to a part-time job occurs at the request of the employee if there is an application.

Here is an example of such a document.

From 10/01/2012 to 12/31/2012 I am asking you to transfer me to a part-time job (seven working hours a day) due to pregnancy.

A certificate of pregnancy is attached.

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

About part-time transfer

Based on the application of the 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. To provide the accountant Ivanova A.A. with a part-time job from 01.10.2012.

2. To establish the following work schedule for the accountant Ivanova A.A.:

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

3. Accountants to pay the salary of A. A. Ivanova in proportion to the time she has worked.

4. To impose control over the execution of the order on the deputy Khorkina V.V.

Director Vasechkin I.V.

Familiarized with the order:

Changing the employment contract

If one of the employees at the enterprise has a work 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 the changes have occurred recently, then it makes sense to make some amendments. It is not necessary to completely change it, it is enough to draw up an additional contract, which 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 employee himself initiates a change in the work schedule. But it often happens that for a number of reasons the previous provisions of the employment contract cannot be preserved. Then they can be changed at the discretion of the employer. 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 74) at least two months in advance.

Such changes are possible when an enterprise is faced with a choice: either carry out a mass dismissal of employees, or, in order to maintain a certain number of jobs, go for the introduction of a part-time work regime (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). The most striking example of such a situation can be a large reduction in the number of employees in connection with the liquidation of the organization or with 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 the changed conditions is prescribed right there, in the order, or in a separate document. According to the Labor Code, if a person does not want to work according to a new schedule, the employment contract is terminated with him automatically (clause 2, part 1, article 81). The employee is then compensated.

Of course, all changes in the employment contract should not worsen the position of employees, in comparison with the clauses. Cancellation 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 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. Thus, the young mother will be able to re-enter the course of affairs and not lose her qualifications. How to get such an employee to work?

We 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). For 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 is 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 set for a woman for any period of time (if we are talking about a mother of small children). There are no restrictions on this in the labor code. That is, there are two options. First: the event is indicated before which adjustments are made to the employee's work schedule. And the second option does not provide for any dates.

The law does not specify what exactly the duration 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 works more than the established norm, then these are overtime hours, which must be paid separately.

Note that breaks for feeding an infant are included in working hours (Article 258 of the Labor Code of the Russian Federation). According to the statement of the worker 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, food.

Also, part-time women are entitled 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 for a young mother are either compensated financially, like overtime hours, or she is given an additional day off.

In the report card, the hours worked by a woman are put down under the code "25" or "NS".

In case of a part-time working week, the number of days worked is indicated, and in case of a part-time working day, the hours actually worked. Weekends are put down under the code "26".

Filling out the time sheet 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, add an additional line to the table.

How to reflect breaks for feeding a child? There is no single answer. Two options are offered. In the first case, you can simply mark this time as working, because, in fact, it is so. And the salary will be accrued according to the order according to the average earnings, because the breaks are paid according to the average.

And in the second case, they offer to show the time of feeding in the report card, which, according to many experts, is not very convenient and even pointless.

Paperwork for a new mother

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

But if you need to transfer an already working employee to a part-time job, then for this she writes a statement. 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 a woman to will be issued by order. It is also desirable to make an addition to employment contract, where the changes will be indicated - it is more correct to do so.

Is it possible to transfer to another job?

When a woman switches to a part-time work week, she can be transferred to another section. Of course, a similar position should be provided. At the same time, such a translation is not even entered in the work book.

In order not to engage in bureaucracy and not to hire an employee for a permanent job, you can go the other way. As you know, there are civil law contracts that are drawn up for the performance of a certain type of work. With their help, you can attract a woman to regular or occasional cooperation with the enterprise. The work performed by her will be accepted with the help of acceptance certificates. Payment will be made in accordance with the contract. This option is beneficial for both the enterprise and the woman.

Summing up the topic, I would also like to emphasize that an employee at any time has the right to switch back to full-time work. For this, only her desire and a written statement are enough. There are no legal restrictions on this matter. The personnel officer, on the basis of the application, prints the order.

Instead of an afterword

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