Part-time work of the Labor Code. Part-time

An incomplete working time is established by agreement of the parties or as a mandatory for individual workers listed in the Labor Code of the Russian Federation, as well as if necessary caused by certain changes in the enterprise. In this article, we will reveal the grounds for the introduction of this regime.

The order of incomplete working time on the initiative of the employee

Incomplete working time installs As a result of the employee agreement with the employer. The initiator of such a regime can act as an employee and an employer.

With the labor contract already imprisoned, incomplete working time (HPV) is introduced by concluding an additional agreement. He must precede the order of the employer about the establishment of the HPV, with whom the employee meets on receipt. The agreement is drawn up in writing.

HPV can be installed by introducing an incomplete working day, week or mixed form.

The deadline for which such an agreement is, the law is not determined, therefore, the agreement can be concluded as indicating a certain period, and without it.

The unilateral procedure for termination of the HPV Agreement has not been established by the current legislation, and therefore, when changing the conditions of HPV, it is necessary to agree on both parties.

Thus, the Meshchansky District Court of Moscow refused the employee to satisfy the claim for the restoration of full working time (decision of 12/22/2014 in case No. 2-18992 / 2014).

Part-time working time for some persons on the TK RF

By virtue of Part 1 of Art. 92 TK RF NRV Mode is necessarily established for the following persons:

• juvenile;
• disabled I and II groups;
• workers in harmful conditions 3-4 degrees;
• pregnant women;
• persons who have minors children under 14 years old or a juvenile disabled child;
• persons who care for family members.

Also incomplete working time installs For medical, pedagogical workers, on works with chemical weapons, women working in settlements and in the districts of the Far North and equivalent territories.

At the request of a woman who is on child care leave, and with the consent of the employer, it can be established by HPV; At the same time, it has the right to fulfill labor responsibilities both in the office and at home.

Incomplete working time on the employer initiative

Part-time hours can be established by order of the employer in cases provided for by Art. 74 TK RF: In connection with the change in the organizational structure or technological processes in the enterprise. The introduction of HPV is allowed only from the approval of the trade union for a period of not more than 6 months in a row. And such a regime cannot worsen the position of employees. At the same time, the legislator does not limit the number of such Introduction of HPV and their frequency in production.

The employer is obliged to notify an employee in writing about the introduction of HPV for 2 months. The organization should report on the changing mode of labor in the employment service and statistical authorities. For failure to comply with this, the requirements of the law provides for responsibility under Art. 19.7 of the Administrative Code.

Part-time

1. The employer notifies employees in writing to establish incomplete working time in the organization.
   Notification is awarded to the employee under receipt. On the refusal of obtaining it is drawn up ACT.
2. Next, an order is published on the upcoming introduction of the NRV regime, which indicates the grounds and the need for such an establishment.
3. Employees will get acquainted with the order.
4. Other posts are proposed in writing other posts. Such notice must contain:
   • job title;
   • working conditions;
   • description of the labor function;
   • payment amount and other essential conditions.

   At the same time, it is advisable in the notification to offer several posts to choose from. Notify the employee, according to Art. 74 TK RF, perhaps within 2 months as several times and once.

5. With the consent of the employee, the corresponding additional agreement is concluded to other position.
6. In case of disagreement of the employee, he dismissed after 2 months.

Grounds for transition to part-time

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

No wage decline will not be considered by the courts as a change in working conditions within the meaning of Art. 74 TK RF. The court came to this conclusion in the appellate definition of the Krasnoyarsk Regional Court of 02.02.2015 in case No. 33-797, A-9.

That is, the introduction of HPV from the point of view of the Labor Code is a forced measure that cannot be arbitrarily introduced without the presence of grounds directly indicated in the law. For example, it is impossible to introduce HBV due to the global crisis, without having no causes related to technology or the organization of the production cycle. This mode can be challenged in court.

On disputes about the legitimacy of incomplete working time, the burden of proof is as follows.

The employer proves:

• changes in working conditions as a basis for the introduction of HPV;
• the fact that HPV does not violate the rights of an employee (paragraph 21 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004, the definition of the Leningrad Region of 03.02.2010 in case No. 33-511 / 2010);
• the investigative relationship between changes in the payment and changes in production nature for the establishment of the HPV (the appellate definition of the Arkhangelsk Regional Court of 04.02 2013 in case No. 33-0671 / 2013);
• the need to introduce technological and organizational changes to proof on such disputes is not included (the appellate definition of the Yaroslavl Regional Court of 19.07.2012 in case No. 33-3711 / 2012).

When eliminating the reasons that served as the basis for the introduction of HPV, the employer at any time can cancel the entered regime in the organization. To do this, it is enough to publish the appropriate order and acquaint workers with him.

Content notification of incomplete working time

The notification must be drawn up in writing and awarded to the employee no later than 2 months before the date of the upcoming Introduction of HPV. For individuals, the deadline for sending notifications is at least 14 days.

The clear requirements for the form of notification in the law is not specified. However, it states what information is appropriate to reflect in the notification of the upcoming reduction of the time of work. This is also:

• motives and reasons for the need to make such a decision;
• hPV term;
• the rights of employees;
• term for the adoption of a proposal for transfer to another position.

Based on the definition of the Moscow City Court of 01.07.2010 in case No. 33-19700, the dismissal is recognized illegal, because the notification has no causes of reduced working time.

In the absence of a motivation of the reduction in the notification, the employee may also be restored by the court (definition of the Supreme Court of the Udmurt Republic of 05/30/2011 in case No. 33-1880 / 11).

Employee Rights

The employee has the right to agree or disagree to work in the NRV mode. In disagreement, another position should be offered in writing. At the same time, the employer has the right to offer any vacancy: both by appropriate qualifications and with a smaller payment for labor. When transferring to another position, medical testimony of the employee must be taken into account.

The worker's refusal from the proposed options should be decorated in writing. In this case, as well as if there is no objective opportunity to translate an employee to another position, the employment contract is terminated with it on the basis of paragraph 7 of Part 1 of Art. 77 TK RF. When dismissal on this basis, in addition to the payments due, another 2-week day off is issued on the basis of Art. 178 TC RF.

In accordance with Art. 93 of the Labor Code of the Russian Federation when working in part-time time, annual paid leave is provided in the usual manner and in full. At the same time, when calculating payment for vacation, an incomplete month is considered to be completely worked out. Thus, with such a calculation, the amount of vacation pay may decrease, since the average monthly salary is calculated on the basis of a full month, and payment is carried out for actually spent time.

Thus, the Labor Code of the Russian Federation contains an exhaustive list of grounds for the introduction of reducing the time of operation. In case of non-observance of legitimate requirements for incomplete working time, the employee through the court has the right to challenge such a decrease in labor time, and for the employer there may be adverse effects in the form of attraction of responsibility to the established law.

One of the common methods of saving financial resources of the organization is to transfer personnel to an incomplete work schedule and as a result, a decrease in salary costs. This approach is more loyal than the massive reduction in the state. In the article, we will consider how the translation is carried out at part time on the initiative of the employee and the employer, what an order and how to make an order.

It is incomplete is the service time with a weekly duration less than 40 hours. This issue regulates the Convention No. 175 of 06/24/1994 and the provision of the State Protection Service No. 111/8-51 of 29.04.1980 (hereinafter referred to as the position).

Transition to incomplete labor mode n initiative worker

An employee can affect the manager to establish an incomplete working period. Worker need to write a statement and get the director's consent.

According to the Regulation, the incomplete schedule provides for three options:

1. Reduction of the number of working hours in every day of the labor week;
2. Reducing working days in the week while maintaining their normal duration;
3. The combination of paragraphs 1 and 2.

In a statement, an employee indicates one of the above items, the duration of the labor day, the duration of the period and the date of establishing a new schedule.

According to the standards of Art. 93 TK RF Director must establish an incomplete labor regime by the following employees:

• Pregnant;
• Parent (guardian) of a child up to a 14-year-old or disabled child up to 18 years of age;
• A person taking care of a sick relative according to medical conclusion;
• Mother caring for a child up to 1.5 years.

The head is not entitled to refuse the specified categories of persons. A negative solution can be challenged in court.

According to an employee, the Director discusses the conditions of incomplete schedule with him. The corresponding changes are made by agreement to the Agreement. Make up 2 copies of the document, sign it both sides.

The laws of the Russian Federation do not provide for restrictions on the number of working hours with incomplete labor schedule.It should be distinguished by incomplete working hours from the abbreviated. Their main characteristics are reflected in the table.

Part-time transition on the initiative of the employer

The incomplete schedule can be entered when taking a job as a job or subsequently. In order not to reduce the staff, which is a time-consuming and expensive procedure, the leaders prefer to resort to the incomplete labor time regime. It does not require special expenses, but obliges to adhere to the norms of law.

The director may at its initiative to introduce incomplete labor regime to avoid mass dismissal of personnel in the following cases:

• Changed machinery and production technology;
• The production introduced scientific research and design developments;
• There was a reorganization of the structure of production;
• Replaced company profile;
• New methods of control, planning, production management are used;
• Advanced jobs in view of certification.

The head must inform about his intention to the trade union and take into account his opinion.

The Director sends a draft order to introduce a new schedule to the trade union committee. It indicates the term, type of incomplete regime, the category of employees, justifying their translation. For five days, the trade union is preparing and presents a written response.

If consent is not achieved, the head has the right to approve the order, and the trade union is to contact the labor inspection, the court or resort to the collective labor dispute on the rules established by law.

The maximum term of applying a part-time work time on the initiative of the manual is 6 months ( h. 5 tbsp. 74 TC RF).

2 months before the entry into force of the order, the Director is obliged to report personnel on the change in the labor regime and the causes of this.

The work of a citizen is paid in proportion to the time spent or made work. Consequently, the costs of salaries are reduced.

The work on incomplete schedule is included in the work experience, does not affect the duration of the next vacation and does not cancel other labor guarantees.

Typical error.An incomplete schedule is not simple.

With the introduction of an incomplete labor week, some employers consider lowered days a downtime and pay them.

Simple is a forced suspension of the company's work or its divisions for certain reasons. It is possible within the borders of business days and does not apply to the weekend.

The transition to an incomplete week means the emergence of additional weekends. They are not paid.

Step-by-step instructions for incomplete working days on the initiative of workers and employer

If the desire to work on incomplete graphics comes from the employee, the order of its translation will be as follows:

Step 1. Adoption of a statement from the employee.

Step 2. Registration of the order.

Step 3. Registration of the Supplementary Agreement.

Under the initiative of the director, the sequence of actions is as follows:

Step 1. Preparation of the Project of the order.

Step 2. Coordination of the intention with the trade union.

Step 3. Acquaintance of personnel with changes in labor schedule.

Step 4. Publishing an order to establish an incomplete mode.

Step 5. Notification of the Center for Employment.

The message must be submitted in writing for three days of the decision date. Failure to fulfill this obligation is punishable by a fine. For the head, its size is 300-500 r., For the organization - 3,000-5 000 r.

Step 6. Conclusion of an additional agreement to the employment contract.

Typical error.Failure to submit statistical reporting.

Entering incomplete labor mode, many managers forget to submit relevant information to statistical authorities: ⊕.

He is obliged to pass the organization (except for small business) with the number of employees over 15 people. The data is submitted quarterly to the 8th of the month following the reporting quarter.

Order on establishing a new labor regime

When establishing an incomplete labor regime, an order is published. It does not have a typical form.

The document reflects the following data:

• The basis of translation with reference to the Article Tk of the Russian Federation;
• Type of graphics;
• Duration of the working day and lunch break;
• The period of the innovation;
• Divisions (employees) to which the new mode applies;
• Procedure for calculating earnings;
• Payment methods.

Signatures put a leader, chief accountant, specialist in the personnel department and employee.

If the incomplete schedule is set by an employee when applying for a job, this condition should be reflected in the order.

Particularities of incomplete graph are shown in the table.

Salary calculation at part-time

In terms of incomplete schedule, the salary is charged taking into account the employment of the employee or the amount of tasks performed. The amount of compensation and stimulating payments is reduced in proportion to the salary.

Example. Calculation of earnings in incomplete labor day

From October 1, 2016, the employee of LLC "Revysry" A. S. Vaskin was installed schedule: five days 7 hours a day. With ordinary chart, it worked 40 hours a week. Vaskin took a vacation in October at his own expense for 2 days.

The former and received data on accruals are reflected in the table.

In October, on the usual schedule 21, a working day, respectively, 168 hours (21 * 8). The employee worked 133 hours (19 * 7).

The premium is established based on the financial capabilities of the enterprise, and does not depend on the salary.

So, for October, the salary is calculated in the amount of 34 062, 50 r.

If a citizen works an incomplete week, then its earnings are calculated so:

Salary for an incomplete week \u003d salary / number of days for full schedule * spent days.

The remaining surcharges consider from the resulting salary size.

Middle earnings for the accrual of leave and compensation unused, benefits at the expense of social funds are determined in the traditional order (with t. 139 TC, Resolution No. 922 dated December 24, 2007, Resolution No. 375 of 15.06.2007).

Features of translation

Labor rights of persons working in incomplete regime are equal to the rights of the remaining workers. For example, they also have a reduction in pre-holiday working day for 1 hour, weekend is provided for the care of a disabled child.

According to paragraph 14, the position in the experience that shapes an additional vacation in the part-time chaff mode includes days spent in harmfulness no less than 50% of the day of the standard schedule.

If the position of an incomplete schedule person belongs to the vacancy with an abnormal day, then an additional vacation is made to him when working for an incomplete week full day. With other incomplete charts, a person cannot work on above the norm.

Mother (relative, guardian), caring for a child up to 1.5 years, can work part-time or at home. Social allowance she still gets ( h. 3 tbsp. 256 TK RF.). Hospital is charged and paid according to the generally accepted rules.

Questions and Answers about the transition for incomplete working hours

Question number 1. Do I need to install a lunch break, if it works for 4 hours a day?

An incomplete schedule employee is endowed with the same rights as the staff with the usual labor regime. It is laid a lunch break from 0.5 hours to two duration, which does not apply to the working time.

Question number 2. Do the right partners have an incomplete chart?

The full-time partner is 4 hours. The law does not set the minimum number of the clock that a person must work out in case of incomplete mode. The director may establish a partner incomplete schedule in the reorganization of the production structure, changes in its technical and technological components, for other reasons, without violating the provisions of Art. 74 TK RF.

Question number 3. The young man seventeen works 35 hours a week. Is this mode for it incomplete?

For persons from 16 to 18 years old, labor activity cannot be more than 35 hours weekly. For young men, the time worked by them has a normal duration. Its graph is considered not incomplete, but abbreviated.

Question number 4.. How to deal with those who refused to work on incomplete schedule?

Clarification contains part 6 of Art. 74 TK RF: employees are dismissed to reduce state ( p. 2 art. 81 TC RF).

Question number 5.In the organization, an incomplete working week was introduced due to the threat of large-scale dismissal. Six-month term expires. When you can enter a similar schedule again, but not for everyone, and some employees?

You can enter an incomplete schedule again at any time, but from the moment I get acquainted with the relevant order must pass 2 months. In addition, it is necessary for the consent of the personnel for the next translation.

The reason for the introduction of an incomplete chart can be indicated, referring to paragraph 1 Art. 74 TK RF. For example, the introduction of modern technology. It must have a documentary confirmation (commodity overhead, contracts, invoice, reports of heads of structural units, etc.).

Call in one click

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

In case of incomplete working day, the number of hours of work per day compared to the fact that it is established in the organization by the schedule or schedule for this category of employees (for example, instead of 8 hours - 4).

An incomplete working week means establishing a smaller number of working days per week (less than 5 or 6 days). It is possible to establish an employee of an incomplete working week with an incomplete working day (for example, 3 working days per week duration of 4 hours).

In contrast to the reduced working time, which is a complete measure of the duration of labor established by law for certain working conditions or categories of workers (Art. 92 of the TC), part-time time is only part of this measure. Therefore, in case of incomplete working time, labor payment is made in proportion to the spent time, and with a piecework payment - depending on the production.

An incomplete working time is usually established by agreement of the parties to the employment contract. Such an agreement can be achieved both when entering work and during work. The condition for incomplete working time should be reflected in the labor contract or decommission as a supplement to it.

2. The law does not limit the circle of persons for which work is allowed on the terms of incomplete working time. It can be established by any employee at his request and with the consent of this employer. At the same time, in certain cases, the employer is obliged to establish an employee at his request part-time or incomplete working week. So, the incomplete working time is mandatory at the request: a pregnant woman; One of the parents (guardian, trustee), having a child under the age of 14 (a disabled child under 18), as well as persons who carries out the patient with a family member in accordance with the medical conclusion issued in the manner prescribed by federal and other regulatory legal acts of the Russian Federation.

Consolidation of the right to compulsory establishing a part-time work regime of only one of the parents with a child under 14 years old (a disabled child under 18) means that in the event of a need for this mode and the second parent, he must solve this issue in General order, i.e. By agreement with the employer.

In addition to these categories of persons, the employer is obliged to establish incomplete working hours at the request of the disabled person, if such a regime is needed to him in accordance with the Individual Rehabilitation Program, which is obligatory for execution by organizations, regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Disabled ).

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

3. Incomplete working time is established for a certain period or without specifying the term. At the same time, work on the conditions of an incomplete working day or part-time working week is indicated in the content of the employment contract (see Art. 57 and comments. To her).

Workers engaged in part-time working conditions have the same labor rights as the persons who work full time. They are relying a full annual and educational leave; The time of work is counted in the work experience as a full working time; Weekends and holidays are provided in accordance with the labor legislation.

In the employment records, the mark of work with incomplete working time is not done.

About working on the conditions of incomplete working time women and other persons on leave to care for a child under 3 years old, see h. 3 of Art. 256 and comments. To her.

An incomplete working time can be established not only at the request of the employee and in its interest, but also at the initiative of the employer. The translation into incomplete working time is possible due to changes in the organizational or technological conditions of labor, taking into account the opinion of the elected trade union body of this organization for up to 6 months.

On the order of translation for such a mode, see the comment. to art. 74.

Persons taken to work on a part-time or part-time work week, as well as half-rates adopted on half (salary) in accordance with the employment contract, are included in the list of employees of the organization. In the list of numbers, the specified workers are taken into account for each calendar day as entire units, including the non-working days of the week, due to employment.

Persons who worked for an incomplete working time in accordance with the employment contract or translated from the written consent of the employee to the part-time mode, in determining the average number of employees, are taken into account in proportion to spent time (see indications of filling out the form of federal statistical observation N 1-T "Numerical information and wages of workers ", approved by Rosstat's decision of October 13, 2008 N 258 // Questions of statistics. 2009. N 1).

By agreement between the employee and the employer can be installed both when admission to work and later part-time (shift) or an incomplete working week. The employer is obliged to establish part-time (shift) or an incomplete working week at the request of a pregnant woman, one of the parents (guardian, trustee), which has a child under the age of fourteen (a child-disabled child under eighteen), as well as persons implementing Care for a sick family member in accordance with the medical conclusion issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation.
When working under conditions of incomplete working hours, the employee's remuneration is made in proportion to the time spent or depending on the volume of work performed by them.

Work on part-time conditions does not entail for workers any restrictions on the duration of the annual main paid leave, the calculus of labor experience and other labor rights.

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

§ 1. It is customary to distinguish between two types of incomplete working time - a part-time or shift (when the duration of daily work per day or into a working shift decreases) and an incomplete working week (when the number of working days is reduced in the week, and the duration of the day remains normal). A combination of part-time working week is allowed.

§ 2. The employee is entitled to demand, and the employer must install part-time (shift) or an incomplete working week to pregnant women, one of the parents (guardianship, trustee), having a child under 14 years old (a child-disabled child under 18), and Also a person caring for a sick member of a family in accordance with medical conclusion (if it is issued in the manner prescribed in the legislation). Part-time time is usually established at the request of the employee. However, if the initiative to establish an incomplete working time comes from the administration, it must warn the employee about it no later than two months (see Art. 73 of the Labor Code of the Russian Federation).

§ 3. In accordance with Art. 93 TC Work on part-time conditions does not entail any restrictions on the duration of the annual leave, the calculus of labor experience and other labor rights. However, an employee working in the conditions of a non-normalized working day (or its combination with an incomplete work week) is deprived of the right to additional leave provided for by Art. 116 of the Labor Code of the Russian Federation, if he is installed part-time. If the employee is installed an incomplete working week, then the right to the specified additional leave is not lost.

§ 4. In accordance with the order of the Federal Employment Service of the Russian Federation of May 26, 1993, "On the provision of compensatory payments to employees of enterprises, institutions and organizations forced part-working day or part-time working week" is provided for payment monthly over payments for incomplete labor compensation Time with such a calculation so that the total amount of payments (taking into account the wages) did not exceed the minimum wage established by the legislation.

Payments are made from the 2nd month from the date of incomplete working time and should not exceed 6 months.

§ 5. When establishing an incomplete working time, remuneration is made in proportion to spent time. The employee is not entitled to demand wages in the amount not lower than the minimum wage established by the state (Article 133 of the Labor Code of the Russian Federation), since this warranty applies only to workers who fulfill the work of labor.

Another comment on Article 93 of the Labor Code of the Russian Federation

1. Incomplete working time is a working time defined by the agreement between the employee and the employer, the duration of which is less than the normal or abbreviated working time set by this employer.

2. Incomplete working time can act as an incomplete working week or as part-time (shift). With an incomplete working day (shift), the duration of daily work is reduced, but the working week remains five-day or six-day. The incomplete working week is a decrease in the number of working days while maintaining the established duration of the work shift. Perhaps simultaneous reduction in the working day (shift) and the working week. And working time can be reduced by any number of hours or working days without restrictions. Part-time or incomplete working week can be installed both when taking to work and subsequently.

3. Part 1 of the commented article determines the circle of persons whose requirement of incomplete working time is required for the employer. The employer is also obliged to satisfy the request of the disabled person on the incomplete working time, if the disabled person is recommended that the working time is less expensive than established in the law (Art. 224 of the TC).

The rest of the employees to establish an incomplete working time requires the consent of the employer.

4. The initiator of incomplete working time is the employee. In cases established by law, incomplete working hours can be administered on the initiative of the employer. On the procedure for introducing incomplete working time on the initiative of the employer, see Art. 74 TC and comment on it.

Today, many organizations in connection with economic problems prefer either to reduce regular units, or to introduce part-time. The Labor Code regulates this fact in Article 93.

Concept

Under an incomplete working day, an employment form, where the duration of labor time is less than established by law. For a joint agreement between the parties in employment, as well as in the future, a reduced day can be installed. This gives the right of Art. 93 TK RF.

In addition, by coordination, an incomplete working week can be established, as well as the opportunity to divide the work day on the part. Incomplete working time is installed both without limitation, and for a specific period of time.

An incomplete day

Labor legislation indicates the possibility to organize a workflow in several modes:

1. Reducing the duration of a labor day or shift.
2. Reducing labor days a week, but maintaining the duration of the working day.
3. Reducing labor activity per day for a certain number of hours.

But mistakenly combine the concepts of a shorter day and part-time. The Labor Code shares the main points of these two concepts.

For example, for certain categories of citizens, the abbreviated day is a labor standard. These are persons under 16, persons who have not reached majority, people with disabilities and workers involved in production with harmful working conditions.

More details of the abbreviated working time are indicated in Article 92 of the Labor Code of the Russian Federation.

Who is provided part-time

An employer can provide:

• part-time for a woman waiting for a child;
• an incomplete day for an employee who has a child under 14 years;
• an incomplete day employee who is caring for a disabled child under 18;
• an incomplete day employee who carries for a sick family member by medical conclusion.

In these cases, incomplete working time is set until the moment is completed, which are the basis for reducing working time.

Li Tabel needed

The working time table is conducted at all enterprises. Focusing on this document, employees pay salary and track information about the time of work. Part-time day should also be marked in the table. According to the decree of the State Statistics Committee No. 1 of 5.01.04, the "NA" or "25" mark is put in the document under part-time conditions.

Payments

Choosing an incomplete day, you need to be prepared for the fact that not only open hours are reduced, but also payment. Part-time, from an economic point of view, is beneficial to the employer. After all, the less the employee works, the less he will receive in the end.

This fact is established by law: wages are accrued in proportion to the time that the employee was worked out, or payments are carried out for a specific amount of work performed (Article 93 of the Labor Code of the Russian Federation with comments).

As for vacations, these payments are carried out in full, regardless of the mode of operation. Having calculated holidays, take into account the overall work experience and other labor rights. The reduced working day cannot affect the duration of the holiday. Also, the calculation of the average earnings per day for the accrual of hospital, vacation or travel occurs in the usual basis, according to regulatory documentation.

case When the employee performs his work outside the established schedule, it will be considered overtime and must be paid accordingly. Work on weekends or holidays is paid in double volume.

Each employee must remember that labor legislation is guarding his interests.

Registration

There are cases when the reduction of working time is an objective reason. Therefore, the employee immediately thinks how to make it documented. This process is not complicated at all. As mentioned earlier, initially part-time can be decorated in coordinating the parties to the employment contract. An incomplete day is prescribed as a regime for a particular employee (Article 93 of the Labor Code of the Russian Federation regulates the specific categories of workers who have the right to work part-time).

In order to go to a new mode of operation, regardless of whether the decision was made by agreement of the parties, on the initiative of the employer or employee, the employee must write an application for part-time. This is to some extent proof of the ruling of transition to this regime.

Further, on the basis of the statement, the authorized person issues an order to transfer a specific employee for an incomplete day. With this document, the employee meets the painting. After the order between the parties, an additional application should be signed about the introduction of a new mode of operation. Actually, after such manipulations, the employee can start working on a new schedule.

Below is an orders for part-time (sample document).

Changes in the contract

If any of the employees work schedule differs from the rest, such a fact should be reflected in the labor contract. If the changes were made in a short time after the employment, it makes sense to make amendments to the document itself in other cases do not need to change the entire contract. It is enough to issue an add-on, where the key points of innovations will be reflected. Part-time work should be fixed in labor documents, which are made only in writing. In other words, in words this fact is impossible to fix.

Often, for a good reason, the former conditions of the employment contract cannot continue to be observed. In such cases, at the initiative of the manager, changes may be allowed. Workers should be notified in a few months about possible changes and reasons that transferred to this. The head of the organization shall notify employees about the transition to part-time. The Labor Code regulates this article 74.

These changes may occur if the manual has a choice or cut the staff as much as possible, or save the working units, but reduce working time. The legislative procedure may be provided until six months.

The most striking example is the situation with mass dismissal due to the liquidation of the enterprise. The abbreviated duration of working time is determined in this case by one order on the organization with which all employees should be found. Also in this situation, every employee must give his consent or disagreement with a new work regime. And if the employee does not want to carry out work on the new regime, the labor agreement is automatically terminated. At the same time, the employee receives compensatory payments.

Part-time for women on maternity leave

The most relevant, perhaps, is such a question as a working schedule of women in the decree, and more precisely, then part-time. Child care leave should not prevent the desire to work, especially if the employer welcomes the employee's advance exit. She, in turn, will be able to quickly enter the course of the case and not lose jobs skills.

It is important to remember that the childcare leave may be issued by the employee before reaching the child for 3 years. At the same time, the workplace is preserved behind it. Labor legislation allows a woman at the same time to be on maternity leave and go to work on part-time. The Labor Code regulates this right part 3 of Article 256.

Consider the peculiarities of the working day for women in the decree. Labor law has no restrictions on the work of a woman with young children. There are several options:

1. An event must be specified, until the onset of which adjustments are made to the work schedule.
2. You can not specify certain dates, since the legislative norms do not provide what exactly the duration of the working week of a woman in the decree should be. In fact, it can work for a couple of hours, and 39 hours a week.

If a worker processes, then she should pay overtime. Also, it is also necessary to take into account the watches for feeding in labor time. For this, the employee must compile an application for the provision of this time, and the time for a break does not apply to this. Like all employees, a woman in the decree has the right to a shortened day before the holiday.

Any deviation from the normalized work schedule must be compensated as overcoming hours or in the form of an additional output.

The abbreviated duration of working time should be reflected in the table. With an incomplete work week, all spent days should be indicated, with an incomplete day - hours spent on fact. For employees who are on maternity leave and simultaneously with this executing their employment responsibilities, the tables in the table have their own characteristics. To reflect the fact of the care of child care and spent time, two codes are affixed in the table.

As for the documentary for a young mother, all the nuances of her work activity should be spelled out in addition. First you need to write a statement where the desire of the employee will be indicated for part-time and the period for which this working schedule must be installed. Based on this statement, an order is published and duplication is signed. In an order, which is published by the head, the work schedule must be indicated, taking into account the break for lunch, for breastfeeding, as well as the weekend. Wages are charged taking into account the spent time.

Part-time for students and pensioners

To issue labor relations with students studying in full-time department can be on general grounds, according to the principles of labor law. You can conclude an agreement both for a certain period and indefinitely. When an employment contract is signed with a student, article 92 of the Labor Code of the Russian Federation should be observed, where the duration of working time is indicated for students to 18 years, combining learning and labor activity.

This category of employees has the right to the abbreviated duration of working time, namely no more than 18 hours a week. At the request of the student or by agreement of the parties, an incomplete working schedule can be installed:

1. Part-time for students involves a decrease in working hours per day (for example, instead of 8 hours 4).
2. An incomplete week involves a decrease in working days.
3. An incomplete week with part-time.

All the above conditions must be fixed in the employment contract or supplement.

In addition to the decoration of an incomplete day, the student can qualify for vacation without saving cash payments:

• for a period of up to 15 days to pass intermediate certification;
• for up to 4 months to prepare for the delivery of the graduation project and submit state exams;
• for up to a month to pass the state exams.

These conditions are acceptable only if the university has state accreditation.

As for working retirees, the existing Russian legislation does not provide for part-time retirees. Consequently, this category of employees is obliged to work on the established rules along with the rest of the employees, to comply with all the internal rules of the organization and work out the laid hours.

Benefits and compensation

Article 93 of the Labor Code of the Russian Federation establishes the fact that every employee who carries out work on part-time has the right to all guarantees, benefits and compensation. The organization must provide an employee:

1. Main annual vacation.
2. Payment of the hospital sheet on the basis of FZ-255.
3. Administrative leave in the amount, which stipulates Article 128 of the TC.
4. Accounting for working experience.
5. Permission for a student vacation.
6. Payment for compensation for work in the extreme north.

Consequently, despite the reduction in the time of work, the employee has the right to count on those benefits that are established by federal legislation.

Cancel regime

As the legislation says, it is possible to reduce the working hours at the request of the employer in coordination with the trade union bodies and no more than half a year. But also in the right of the head, cancel an incomplete working schedule of previously established deadlines. The same right has an employee. It can make changes to his schedule in coordination with the head.

As a rule, the main reasons for the return to the old work schedule is to eliminate the circumstances that caused the reduction of labor time.

Consider situations where the initiative to reduce the time proceeded from the employee. A pregnant woman may ask to translate her to an incomplete schedule until the end of the maternity leave. But further, the same employee has the right to leave it on a part-time before the onset of fourteen age in the child. But after the occurrence of this age, the employee will have to return to the former working regime, while providing a child's birth certificate. Based on this document, an order will be issued, where the reasons for changing the labor regime are prescribed. Also, in addition to the contract, the contract must be signed.

In the case when personal circumstances were the basis for reducing working time, an employee, in order to return to the same hour, need to provide a package of documents and write an application for cancellation of incomplete working time.

If the initiative on the transfer of part-time employees proceeded from the management of the organization, then to return the previous chart, it will be necessary to agree on this fact with the trade union organization, notify employees for two months about the future changes and only then issue an order.

If an enterprise plans to work on a reduced time full time, then no additional documents will be required. At the end of the specified period, work employment is restored automatically.

Consider several examples. In the organization there were some difficulties due to the fact that equipment was broken in the enterprise, which is a supplier of products. The organization is forced to make purchases elsewhere and already in smaller amounts, which actually served as a reason for reducing the number of sales. The equipment repair deadlines cannot be predicted, but the organization could adjust the working hours of employees. After all, finding new suppliers that meet all the requirements is much easier than to endure losses. And the organization may well afford in this case to reduce the work schedule of all employees until the problem is solved.

One more example. An employee of the organization has a child who goes to the first class. It must be taken after lessons and monitor the performance of homework. At the same time, this process must be done precisely during the period of working time. For such cases, legislation provides for a woman's right for incomplete time. Thanks to this, the employee can solve its problem, adjusting family problems and without throwing work. This fact is fully registered in labor legislation and each employer must remember that evasion of the guarantee provided may entail administrative responsibility.

So, of all of the foregoing, it is clear that the incomplete time is regulated at the legislative level. Those categories of employees who certainly have the right to such a regime should know their capabilities and not be afraid to use them. In modern working conditions, it is very important to know the legislative norms and be able to use them for their intended purpose. Especially since such knowledge can help keep the workplace.