Part Time: Labor Code. Article 93 of the Labor Code of the Russian Federation

The current economic situation has forced many organizations to review their work patterns. One of the ways to overcome the difficulties associated with reducing production volumes was the transition to part-time work. We’ll talk about this.

Define the terms

A part-time job is a form of employment in which the employee’s working hours are shorter than prescribed by law. By agreement between the applicant and the employer, an abbreviated day may be set when applying for a job, as well as subsequently (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not give a decoding to the concept of “part-time work”. But the Convention of the International Labor Organization (06/24/1994) No. 175 defines this term as labor time, the duration of which is less than the normal length of the 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, employers' associations.

Part time

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

1. Reduce the length of the working day or shift for certain hours (shortened all working days of the week).
2. Reduce the number of working days per week, but at the same time maintain the normal duration of a working day or shift.
3. To reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in a week.

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

Part-time report card

Everyone knows that at the enterprise personnel officers maintain a time sheet. It is on this basis that accounting later focuses on payroll. Therefore, the time sheet is one of the main documents for the human resources department.

So, in it the account of work in part-time conditions 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, there is talk of part-time work, since non-working days during a shorter week will be marked as weekends.

Remuneration and Leave

Part-time pay will be different than usual. The fact is that in the conditions of carrying out activities in this mode, there is an unambiguous decrease in salaries. 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 vacation with part-time work is exactly the same as with the usual schedule. When calculating vacation pay take into account seniority and other labor rights. In fact, the reduced working day regime does not affect the length of the annual vacation. The calculation of the average daily earnings for the calculation of business trips, sick leave and vacation takes place in the usual manner, according to regulatory documents. Does not matter the change in the employee’s working hours in the billing period.

At the same time, if a person is to be involved in a task outside the schedule that is set for him, then this type of activity will already be considered overtime (article 99, 152 of the Labor Code of the Russian Federation), and therefore, it will be paid accordingly.

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

We introduced you to the main points regarding pay if you are part-time. The labor code guards the interests of citizens. However, it should be remembered that in practice those norms that are clearly indicated in regulatory documents are not always implemented. Therefore, we need to know our rights in order to monitor their observance.

Part-time work

Sometimes it happens that people need to reduce their time at work for some objective reasons. And they ask: "How do I get a part-time job?" This is completely uncomplicated.

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

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

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

1. Pregnant women.
2. Parent of a child under fourteen years of age. It can be either a mother, a father, or a guardian.
3. Persons caring for a sick relative (subject to a medical certificate).

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

In addition, people who are on parental leave have the right to work according to a special, reduced schedule. At the same time, they retain the right to receive social security benefits. Moreover, both mother and father of the child, grandparents, guardian, who actually care for the baby, have such an opportunity (article 256 of the Labor Code of the Russian Federation).

As we said above, a part-time transfer takes place at the request of the employee with an application.

We give an example of such a document.

From October 1, 2012 to December 31, 2012, I ask you to transfer me to part-time work (seven working hours a day) due to pregnancy.

A pregnancy certificate is attached.

09/29/2012

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

About part-time transfer

Based on the statement by the accountant A. Ivanova, dated September 29, 2012, and in accordance with the Labor Code of the Russian Federation, Art. Number 93

I order:

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

2. Set the accountant Ivanova A. A. such a schedule:

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

3. Accountants accrue the salary of Ivanova A. A. in proportion to the time worked by her.

4. The control over the implementation of the order to assign to the deputy director of personnel Khorkin V.V.

Director I.Vasechkin

Familiarized with the order:

Change of employment contract

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

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 is the initiator of the change in the work schedule. But it often happens that for a number of reasons the previous provisions of the employment contract cannot be maintained. Then their change is allowed by decision 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 on a part-time basis (Labor Code of the Russian Federation, Article 74) no later than two months in advance.

Such changes are possible when the company is faced with the choice: either carry out the mass dismissal of employees, or, in order to maintain a certain number of jobs, go for the introduction of a part-time regime (see the code with comments). The law provides for such a procedure for a period of 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 this 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 departments 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. Workers are notified in writing for 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 the new schedule, the employment contract is terminated with him automatically (paragraph 2 of paragraph 1 of article 81). The employee is paid compensation.

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

Part-time for mommies

Let’s now take a closer look at the issue of part-time work for women. We have already mentioned that while on leave to care for a baby, a woman has every right to go to work on a part-time basis. Thus, the young mother will be able to re-enter the course of affairs and not lose her skills. How to apply for such an employee?

We remind readers that maternity leave is granted to 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 a 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 both be on vacation and work.

Features of reduced working hours for women

Part-time work can be set for women for any period of time (if we are talking about the mother of young children). There are no restrictions on this in the labor code. That is, two options are possible. First: indicate the event until which adjustments are made to the employee’s work schedule. And the second option does not provide any dates.

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

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

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

Part-time women also have the right to a shortened pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm for the young mother are either compensated materially, like overtime, 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”.

For part-time work, the number of days worked is indicated, and for part-time days, hours actually worked are indicated. Weekends are affixed under the code "26".

Filling the time sheet for a young mother has its own characteristics. After all, she is actually simultaneously at work and on leave to care for the baby, 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 time sheet.

How to reflect breaks on feeding the baby? There is no definite answer. Two options are offered. In the first case, you can simply mark this time as working, because it actually is. And the salary will be calculated according to the order on average earnings, because breaks are paid on average.

And in the second case, they propose 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 young mother

If a woman who is on parental leave is initially employed for part-time work, then this is prescribed in the employment contract. The order of employment should include a schedule of her activities indicating the lunch break and days off. Salary is calculated in proportion to the hours worked.

But if for a part-time job you need to transfer an already working employee, 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 such changes are planned. A woman’s transfer to a shorter working day will be issued by order. And it is also desirable to make an addition to the employment contract, where changes will be indicated - this is more correct.

Is it possible to transfer to another job?

When a woman moves to a part-time work, her transfer to another section is possible. Of course, a similar position should be provided. Moreover, such a translation is not even recorded in the work book.

In order not to engage in bureaucracy and not to accept an employee for permanent work, one can go the other way. As you know, there are civil contracts that are drawn up to perform a certain type of work. With their help, you can attract a woman to regular or irregular cooperation with the enterprise. Her work will be accepted through acts of acceptance. Payment will be made in accordance with the contract. This option is beneficial both for the enterprise and for the woman.

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

Instead of an afterword

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