A part-time regime at the initiative of an employee is a reduction in the number of working hours for an employee at his request. In accordance with the labor legislation of the Russian Federation, working hours for employees working daily from Monday to Friday are 40 hours per week, that is, 8 hours per day. People working in shifts, for example, two days after two, a day after three, must work at least 165 hours per month. One shift can be 10, 12, 14, 24 hours.
If a reduced working time regime is introduced for a certain person, it is necessary to individually reduce the number of hours per day or per shift that the person must work, introduce a part-time work week, or combine these two methods.
This mode of operation can be introduced for three reasons:
- by decision of the employer;
- at the request of an employee;
- by their common decision.
An employer usually comes to such a decision if a situation arises at his enterprise in which it is necessary to either introduce additional days off for employees or reduce staff. This usually happens during economic and financial crises. Most people would prefer to work less and earn less than to remain on the street altogether.
The employee has the right to make this request to the manager due to personal or family circumstances in which he simply cannot work according to the previously approved schedule.
Concept of part-time work
Working time is considered incomplete if the period is less than the normative and legally established one - an 8-hour working day with a 5-day working week of 40 hours. The establishment of part-time work occurs on special operating conditions mentioned in the work contract, and this amendment is made to the staffing table.
This work regime may relate to working days and weeks, distributed in equal shares with respect to each billing period.
These conditions should not entail any consequences for the employee: neither in determining the average wage, nor in establishing the next vacation, or social compensation. That is, there is no significant difference between employees who have different working hours, even if they are hired part-time or work as a result of transfer from another department. Moreover, each of them has the right to apply for part-time work if special circumstances arise.
In accordance with Article 93 of the Labor Code of the Russian Federation, it is customary to distinguish between three types of part-time work:
- working day or shift – the number of working hours for each day (or shift) is reduced equally;
- incomplete week - only a reduction in the number of working days for the entire week, while maintaining the established 8-hour working time;
- combined mode – part-time work every day and week: the number of working hours and days is reduced. Example: four working days per week, lasting 4 hours.
All of the listed types of part-time work can be applied to any employee, subject to the proper circumstances and taking into account the specifics of his work.
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Violating the state's rules for registering part-time workers can result in serious penalties. If an employee turns to a special commission to initiate a labor dispute, then any mistake made by the employer will play into his hands.
It is important to monitor the salary level that is set for part-time employees. Their salary is set at 50% of the salary that is fixed for this position in the staffing table. And if an employee works in a position where the minimum wage level is established, then it can also be reduced by 50%. This will not be a violation of labor standards.
It is worth remembering that an employee working part-time should not have restrictions on obtaining insurance coverage .
All documents that an employee must provide in order to draw up an employment contract, both standard and part-time, are specified in the legislation. This is stated in Art. 65 Labor Code of the Russian Federation. The only thing that both the employer and the employee himself need to clearly monitor is job descriptions. If part-time work means that the employee needs to do less work, then this should be reflected in this clause of the employment contract.
It is worth distinguishing between concepts such as part-time work and reduced working hours. They reflect different situations. In the first case, an employment contract is concluded between the employee and the manager by mutual consent of both parties. In the second case, the employee has no choice but to submit to the will of his employer. Of course, if he has critical objections and a suspicion that he is doing this contrary to legal norms, then he can turn to a special commission to start a labor dispute.
It should be noted that many state-owned enterprises operate around the clock. This work schedule implies that a shift type of work schedule has been introduced in production. And if there are harmful factors in the workplace that directly affect the employee’s health, then a shorter amount of working time should be established there.
All of these factors must be taken into account if an employer decides to hire a part-time person for a position.
If an employee has been working a regular working day for some time, and a decision has been made to transfer him to a part-time shift, then this must be reflected in the documentation. This is done through an additional agreement concluded between the employee and the employer. There it is necessary to indicate all the working conditions that were changed as a result of such a decision, namely:
- New working hours valid for the employee;
- The period during which the employee will work a part-time shift;
- Changes affecting payment terms and job descriptions;
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Established working modes
Regarding the Labor Code, the transition to part-time working hours occurs after the employee provides the required documents and issues an order signed by the head of the institution.
The employer's guarantee obligations and all benefits for the employee must be preserved in full, which he must not forget about and confidently declare his rights. The Labor Code of the Russian Federation, Part 3 of Article 93 states that the time actually worked by him is included in the total insurance period as full, and every weekend, as well as holidays and vacations, are provided to him without exception and on the usual basis.
Also, part-time work may be introduced for the entire organization, at the initiative of the director or employees.
Here, part-time work is calculated for each staff unit. This is advisable when a business is suffering losses and there is a choice - to reduce staff or reduce the duration of all working hours.
It is very important to adhere to the legislative rules when the administration initiates the introduction of such a regime, for the successful implementation of this measure and to avoid difficulties in the future.
Order on part-time work
The issuance of the order is preceded by the drawing up of an additional agreement for a new part-time working time to the existing employment contract with a specific employee. Its basis is the employee’s personal statement, signed by the manager and attached to the agreement.
The agreement states:
- duration of the working day (or shift);
- exact start time of work;
- end time.
A flexible (or “sliding”) schedule is fixed based on the results of the previous accounting period - year, month, etc. They are reflected in regulations for recording the summarized time worked (timesheet, etc.).
An order to establish part-time work must include the following information:
- name of company;
- location of the organization;
- date of issue of the order;
- mention of the relevant legislative act;
- list of supporting documents (application, additional agreement);
- number and date of the additional agreement;
- signatures of the manager and employee;
- seal of the organization.
In any budgetary institution, the order to establish part-time work is agreed upon, first of all, with the head of the trade union and the chief accountant. This regime is announced en masse when conditions arise that could provoke a series of layoffs.
The introduction of a part-time working regime is regulated by Article 74 of the Labor Code, according to which it can last up to 6 months to pursue the goal of preserving previous jobs in the institution.
Cancellation of the part-time regime occurs on the basis of a new order of the employer, by informing all employees. An important condition is the agreement of each employee with the changed regime introduced for him.
Who applies for part-time work?
The following groups of workers have the right to apply for part-time work (Article 93 of the Labor Code):
- parent (guardian or trustee) of a child (children) under 14 years of age, or a disabled child under 18 years of age;
- caring for a sick relative who has a medical certificate in hand;
- female employees during pregnancy.
It should be noted that part-time work leaves the employee the right to receive social benefits from the state. Moreover, this can be not only the mother, but also any other close relative who provides care for the child (children), guardianship or trusteeship (Article 256 of the Labor Code of the Russian Federation). Who also has the right to part-time work.
It must be said that the right to part-time work is retained by each employee throughout his entire working life and can be documented not only at the time of entry to work, but also at any other time, with supporting documents attached (certificate of pregnancy, doctor’s report and etc.).
All differences in the working regime of a particular employee from the accepted standards in the organization must be included in the employment contract (Article 57 of the Labor Code). Just as changes in the regime are listed in the additional contractual agreement for part-time work, concluded in writing (Article 72 of the Labor Code).
Part-time hiring - what is it?
If a boss needs to apply for a part-time job at his main place of work, then he needs to be guided by the principles of labor legislation. Information about such a process is contained in Articles 93 and 256 of the Labor Code of the Russian Federation. It talks about two main features of the requirements if you need to arrange a part-time job:
- Working at half the rate can be fixed in different ways. It can be noted that the employee works in production part-time or, if more convenient, part-time.
- If full agreement is reached between the employer and the employee, then in this case it is possible to establish a part-time working day for him not only at the time of signing the employment contract, but also if he has been working in production for some time.
The employee also has the opportunity to write an application for transfer to part-time work. And in some cases, the employer is obliged to satisfy the employee’s request by placing him on a part-time basis:
- If the application is written by an employee who is expecting a child;
- If the application is written by an employee who has children under the age of fourteen. A similar statement can also be written by a parent or guardian of a child with a disability. If he has not reached the age of eighteen, then the employer must also transfer this employee to part-time work;
- If the employee who wrote the application is currently caring for a sick relative. Such an application must be accompanied by a medical certificate confirming the fact of the disease.
All the reasons mentioned above make it mandatory for the employer to comply with the employee’s request to renew the employment contract for part-time work. If he refuses to do this, then the worker has the right to first appeal to a special commission, and if, as a result of the labor dispute, an agreement is not reached, then to the court.
It must be remembered that an employee who works part-time is subject to all laws prescribed in the Labor Code of the Russian Federation. And they apply to the employee in full. This applies to both vacation and other rights and privileges that are guaranteed to the employee by law.
Remuneration for part-time work
When switching to part-time work, the payment of wages is reduced in proportion to the work completed or the period worked. This fact does not depend on the payment system adopted in this institution. But the total salary for an employee may not reach the minimum wage, because, according to the law, the condition for paying the minimum wage is the development of a standard working time per month.
When calculating payments to an employee, even the fact that part-time work was established for him in the middle of the billing period is absolutely not significant. The employer can introduce these conditions, if not at the insistence of the employee, then in the presence of extraordinary factors.
To pay for sick leave, maternity benefits, and others, travel expenses and regular vacations, average earnings are also taken into account, without restrictions when switching to part-time work. For involvement in activities outside the hours determined for the employee by order of the manager, this is paid in accordance with the procedure for paying overtime work (Article 99 and Article 152 of the Labor Code). As well as work on weekends, with the existing part-time work week (Articles 113 and 153 of the Labor Code).
