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Registration of part-time workers has its own peculiarities. Download how part-time work differs from short-time work.

How to set an employee to work part-time

Did you need to set up part-time work for any of your employees? Then it is necessary to remember that this mode of work determines a special procedure for remuneration. Therefore, it is very important to prepare all personnel documents without errors. But do all of you remember in what case and which employees have the right to work like this? And do you know what difficulties you might encounter?

When an employee has the right to work less

Pregnant women have the right to work part-time. The following working conditions are established for them:

• reduced duration daily work(shifts) for a certain number of hours on each day of the work week;
• reduced number of working days per week with normal duration of daily work (shift);
• reduced duration of daily work (shift) by a certain number of hours with a reduced number of working days per week.

Women's daily work in certain types of work can be divided into parts. At the same time, the recommended minimum duration of work is at least four hours a day and at least 20-24 hours a week (for a five- and six-day week). Also, depending on the specific production conditions, women can be assigned a different working time. Other categories of employees may also work part-time. It is important not to confuse this work schedule with shortened working hours.

Who has the right to part-time work?

Look at the table:

How to determine reduced working hours

To correctly determine the standard working time for an employee who works part-time (weekly), you need to establish the normal number of working hours for the accounting period (for example, working week). To do this, we must proceed from the working hours established for this category of workers (for example, 40 hours per week). At the same time, for all modes of work and rest, the standard working time is calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday, based on the duration of daily work (shift). For example, with a 40-hour work week, the standard daily working time is eight hours.

As for employees working part-time (shift) and (or) part-time week, we must reduce their normal number of working hours for the accounting period (Article 104 of the Labor Code of the Russian Federation). In particular, with a 40-hour work week with two days off on Saturday and Sunday, the standard working time will be the number of hours that is obtained by dividing the established length of the work week by five days.

Attention!

Part-time work does not entail for the employee any restrictions on his labor rights - the duration of the annual basic paid leave and calculation length of service do not change (part three of article 93 of the Labor Code of the Russian Federation).

Example

At her request, the senior specialist of the public relations department, Tatyana B., was given a part-time work schedule. According to the terms employment contract she must work 30 hours per week. Thus, in this case, Tatyana’s working hours will be six hours a day (30: 5 = 6).

At the same time, it is important for the employer to remember that an additional day of rest for an employee is a day off. It is possible to attract him to work on this day only with written consent (Article 113 of the Labor Code of the Russian Federation). And with a part-time working day, work beyond the established duration (even if it falls within the framework of the “normal” eight working hours) is considered overtime work (Article 99 of the Labor Code of the Russian Federation). Therefore, it is important to remember that you do not have the right to involve a pregnant employee in such work (part one of Article 259 of the Labor Code of the Russian Federation).

How does part-time work differ from short-time work?

Look at the table:

How to pay a part-time employee

If an employee works part-time, she must be paid as follows. Calculate wages in proportion to the time worked or depending on the amount of work performed (part two of Article 93 of the Labor Code of the Russian Federation). The average earnings of a worker for temporary disability benefits, maternity benefits and monthly child care benefits are determined in a similar way.

Example

Irina M. works part-time and receives a salary depending on the volume of work performed (50 rubles per part). In March, an employee produced 350 parts on the machine. Thus, her salary this month will be 17,500 rubles. (350 x 50).

If the employee worked large quantity hours, this will be considered overtime. Therefore, the first two hours must be paid at least one and a half size, and subsequent hours - no less than double (Article 152 of the Labor Code of the Russian Federation).

Advice

You can request from the employee a document confirming the basis for part-time work (for example, a certificate from the antenatal clinic about pregnancy).

Example

Senior economist Galina S. receives 30,000 rubles for a part-time work week (36 hours per month). per month. On March 12, she was required to work three hours of overtime. Let's calculate the amount of the surcharge using the following formula:

E = (S: V x 1.5 x 2) + (S: V x 2 x (P - 2)), where

S - monthly salary;

V is the number of working hours in March with a 36-hour work week;

P - duration of overtime work.

Thus, the additional payment amounted to 1000 rubles: (30,000: 150.2 x 1.5 x 2) + (30,000: 150.2 x 2 x 1).

How to register a transition to part-time work

Part-time working hours (part-time work week, part-time work day (shift)) are established in the employment contract. Therefore, first, based on the employee’s application, you need to draw up an additional agreement to the contract. Be sure to reflect in it (part one of Article 100 of the Labor Code of the Russian Federation):

• days of the working week;
• duration of daily work (shift);
• start and end times of work;
• break time.

If, due to working conditions, it is impossible to maintain daily or weekly working hours (for example, an employee works on a staggered schedule), establish a summarized accounting of working hours and determine the appropriate accounting period (month, quarter, etc.) (part one of Article 104 of the Labor Code of the Russian Federation) .

Example

Elena P. works part-time. In the first and third weeks of the month, she works 20 hours each, and in the second and third weeks, 28 hours each. Thus, she works 96 hours a month. Elena has a summarized accounting of working time with an accounting period of one month. An employee’s salary for one hour of work is 150 rubles. Consequently, its amount for the month will be equal to 14,400 rubles. (96 x 150).

Then, based on the concluded additional agreement, issue an order establishing part-time work. Since there is no unified form for this document, you can compose it in free form. There is no need to make any entries in the employee’s work book.

Olga NETREBSKAYA,

HR specialist at Planeta SH Samara LLC (Samara):

• Part-time work does not entail for the employee any restrictions on her labor rights. The duration of the annual basic paid leave, length of service, the right to child care benefits and sick leave are preserved.

Lyubov CHIBRIKOVA,

HR Manager of LLC “Fish Processing Plant “For the Motherland”” (Vzmorye village, Kaliningrad region):

• In a part-time working week, an additional day of rest is a day off for the employee. You can attract an employee to work on this day only with her written consent (Article 113 of the Labor Code of the Russian Federation). It is prohibited to involve pregnant women in work on these days (part one of Article 259 of the Labor Code of the Russian Federation).

Yana GARMASH,

Head of HR Administration Coleman Services (Moscow):

• The part-time working schedule is established in an additional agreement to the employee’s employment contract on the basis of his written application. Then, in accordance with this agreement, the employer needs to issue an order to establish an individual regime for the employee. Just remember that you don’t need to make any entries in your work book.

Under certain circumstances, employees may work part-time. The minimum part-time working time is determined by the employer and is not established by law.

Part-time work may be provided for in an agreement between the employee and the employer. In this case, the employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14 years (a disabled child under the age of 18 years), as well as a person caring for a sick family member in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts Russian Federation.

The duration of part-time work for this category of workers is not limited to a minimum amount and in practice is established taking into account the wishes of the employee and the actual timing of his performance of a certain labor function during his work.

Under such working conditions, the employee is paid in proportion to the time worked. All social guarantees are retained by the employee. That is, he also has the right to annual paid leave, sick leave etc.

A reduction in working hours can occur both at the initiative of the employer and at the initiative of the employee. From the employer's side - in case of change or reduction production process. On the part of other categories of employees - under any other conditions expressed in their applications that seem sufficiently significant to the employer.

Minimum amount of part-time work

The Labor Code does not establish a minimum working time, only a maximum - 40 hours per week. Consequently, in situations requiring the transfer of employees to part-time or part-time work, the employer himself sets the length of working hours.

This occurs in cases where, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.), the terms of the employment contract determined by the parties cannot be fulfilled.

About upcoming changes (in in this case the introduction of part-time work), the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than 2 months in advance, unless otherwise provided by the Labor Code.

When the reasons indicated above may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 Labor Code to adopt local regulations, introduce a part-time working day (shift) and (or) part-time working week for up to 6 months.

If an employee refuses to continue working part-time (shift) and (or) part-time week, then the employment contract is terminated due to a reduction in staffing levels. In this case, the employee is provided with appropriate guarantees and compensation.

Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

In cases where the employer takes such a step to avoid mass layoffs, this duration can be even one hour per day. Moreover, due to the fact that the employee switches to special conditions labor, his monthly salary may be less than the minimum wage. That is, the employer does not pay the employee up to the minimum wage if the salary, calculated in proportion to the time worked, is less than this norm.

Note. The employer can set any duration of part-time work.

Too little part-time work: consequences

Depending on the specific production conditions, a different working time may be established. Based on working conditions and the performance of a certain function (for example, teaching), the duration of part-time work can be, say, 2-3 hours a day or 1-2 days a week.

Failure to comply with the obligation to notify the employment authority may result in liability in the form of a fine:

— for an organization — in the amount of 3,000 to 5,000 rubles;
- per manager - in the amount of 300 to 500 rubles.

As recommendations on the length of working hours, it can be noted that it is best to set the working hours for employees so that they have time to perform the necessary job functions and do not feel any infringement of their rights.

A. Khon,
Chief Accountant of the NAEKO GMK group of companies

Expertise of the article:
B. Chizhov,
Deputy Head of the Office Management Department
Business Administration Federal service on labor and
Employment, State Councilor of the Russian Federation II class

*(1) Art. 92 and 93 Labor Code of the Russian Federation
*(2) art. 93 Labor Code of the Russian Federation
*(3) Art. 91 Labor Code of the Russian Federation
*(4) art. 74 Labor Code of the Russian Federation
*(5) clause 2, part 1, art. 81 Labor Code of the Russian Federation
*(6) art. 423 Labor Code of the Russian Federation
*(7) clause 8 post. State Labor Committee of the USSR and the All-Russian Central Council of Trade Unions dated April 29, 1980 N 111/8-5

A reduction in working day or time is possible at the initiative and agreement of both parties. The transfer to part-time work is formalized by order. The establishment of such a regime is possible both during hiring and already in the process of labor relations, if such a need arises.

If the employee has applied for part-time work

The employee has the right to appeal to the manager with a request to establish for him:

• part-time labor (work) shift;
• part-time work (working) day;
• incomplete labor (working) week.

The manager does not have the right to refuse such a request if he is approached by:

• pregnant employee;
• a parent (guardian or guardian) with a child under 14 years of age;
• parent (guardian or guardian) of a disabled child under 18 years of age;
• an employee caring for a sick family member, with a medical certificate;
• an employee on parental leave;
• postgraduate student studying by correspondence.

In other cases, the employer makes the decision to provide a gentle treatment at its own discretion.

Part-time work at the initiative of the employer.

There may be cases when an employer, for the sake of savings, plans to establish a reduced regime, trying to reduce economic losses. Sometimes this is the only option for him to avoid massive staff reductions during a difficult time for him. But regardless of the employer’s intentions, such changes are possible only with the consent of the subordinate. And only if the changes are dictated by organizational or technological changes in working conditions, the employer will be able to establish a reduced schedule without the consent of the employee. But in this case, if disputes arise, the employer will have to prove the existence of the above circumstances in court.

Reduced working hours upon hiring

Already at the hiring stage, when drawing up a contract, reduced working hours may be stipulated.

Shortened working hours are mandatory for employees:

• no older than sixteen - they are entitled to no more than 24 hours a week;
• from sixteen to eighteen - maximum 35 hours per week;
• disabled people of group I or II - no more than 35 hours per week;
• whose conditions are classified as hazardous conditions or harmful conditions of 3 or 4 degrees - a maximum of 36 hours per week.

Part-time order: sample

If conditions for reducing working hours are introduced after hiring, such a change must be reflected in the agreement between the parties to the employment relationship. Based on such an agreement, the manager must issue an order.

Standard form there is no such order. Therefore, the employer develops it independently.

The text of this order must contain:

• name of the organization (in accordance with the company charter);
• name and number of the order;
• date of the order;
• legal basis (based on which article of the Labor Code);
• the essence of the order (exactly what length of the day is established, time for rest and food, etc.).

The employee whose working hours change must be familiarized with the order against signature.

​ sample order to establish part-time work

Payment for part-time work

Payment for work under the condition of a shortened day is made:

• in proportion to the time the employee worked;
• depending on how much work the employee has completed.

The employer must know that working on a short-time basis cannot entail any restrictions on rights and guarantees. This applies to calculating the duration of paid leave, length of service and other labor rights.

For an employee, working part-time at the initiative of the employer means that the company may have a reduction in staff. Many people prefer to quit on their own and look for a new place, while for others, a change in work schedule is only a temporary phenomenon.

Part-time work

Working time is the time that staff spends on performing professional duties. Its duration at the enterprise is established according to production needs and is reinforced by local acts.

However, the Labor Code of the Russian Federation does not explain part-time work, so if necessary, you should refer to other regulations. Such a document is the Convention International organization labor. It says that part-time work is a period whose duration is less than the previously established norm.

When introducing part-time work, one of the following modes can be used:

• reduction of working hours;
• reduction of the working week;
• shortened shifts with shortened weeks.

There are several categories of workers who can work part-time or a week. This is considered a full standard of work. It's about about minors, disabled people, pregnant women, etc.

Salary

When working part-time, the income of subordinates decreases. The payment system does not play any role, since wages are paid according to hours worked or output. This reduction does not provide for any other restrictions.

For example, an employee who is set to work part-time at the initiative of his employer is entitled to the same amount of annual leave as if he were working full time. There are also no changes to the calculation of seniority. Average earnings with reduced working hours are always calculated on a general basis.

Employer initiative

The establishment of part-time work may be necessary for management to various reasons. Most often this is due to economic problems in the company, when the employer chooses to reduce working hours or fire part of the staff. The manager has the right to transfer subordinates to a different work schedule. The maximum period for such a change is 6 months.

Since the introduction of a shortened working day is a change in the terms of the employment agreement, it is necessary to adhere to the rules. The manager's actions must not violate the rights of personnel or worsen the situation of employees. An example is the fact that when wages are reduced, they should not be less than the minimum wage.

Read also Who is eligible for reduced working hours?

Decor

After the director has decided to reduce working hours, he needs to formalize everything correctly. To do this, he issues an order. Before drawing up the document, you should develop a labor and wage payment regime. The order on part-time work includes:

• name of company;
• date of compilation;
• grounds for switching to part-time work on the employer’s own initiative;
• shortened working hours;
• operating mode that the manager considers acceptable;
• additional instructions to the accounting and human resources departments.

An order for transfer to part-time work on the initiative of the boss is signed not only by him, but also by the chief accountant, head of the personnel department, etc. A sample order can be found on the Internet. The law does not establish the form of the order, so it can be anything. The main thing is to use a company form with the necessary details.

Next, the employer issues notices of transfer to part-time work. The notification must be issued no later than 2 months before the reduction in working hours. The boss is required to prepare and send the document to each employee individually.

Help: if the dispatch deadline is violated, the subordinate can obtain the cancellation of the order to transfer to part-time work. There are many similar cases in modern judicial practice.

The notice indicates the reasons for reducing the working day, deadlines, new work schedule, etc. The employer must indicate that if the person refuses to work in this mode, the contract with him is subject to termination. Each employee gets acquainted with the notice against signature, and the refusal is issued in accordance with the established procedure.

The Labor Code of the Russian Federation states that if a person refuses to work under changed conditions, an employment agreement is terminated automatically. But the employer has the right to independently decide on the dismissal of such a subordinate, so he can keep him in his position under the same conditions.

As for the additional agreement, there are no instructions on the need to formalize it in the regulations. But since the working conditions specified in the document change, it is advisable to further consolidate their changes.

To do this, the manager can conclude an additional agreement with each employee. agreement. In addition to information about the new operating mode, the document must contain the details of the parties. Signing it means that the employee agrees to continue working.

If the introduction of part-time work does not need to be canceled in advance, then the manager is not required to draw up an additional local act. As for the timing, there are a number of nuances. For example, a new regime can only be established for six months. If the initial period was less than 6 months, then after its expiration management may extend the period to a maximum.

Read also Working hours for minors

The employer has no right to exceed this limit. This also applies to cases where the employer transfers staff to a normal work schedule, and after 1-2 months reintroduces restrictions, which is illegal. However, specific break periods between these periods are not specified in the regulations.

In practice, this is permitted if the reasons for introducing a new work schedule are different and the interval between periods exceeds several months. Let’s say that the first time the employer reduces working hours due to the reorganization of production, and the second time due to changes in technological process. Changes must be made officially, and management can confirm this with documents.

Union participation

The union's opinion on this matter is necessary if company management introduces shortened schedules in order to prevent mass layoffs of personnel. Then the director, before reducing the number of days or hours, is obliged to send a draft regulatory document to the trade union.

Trade union employees must study the submitted papers and, within 5 days of receiving them, provide the sender with their informed opinion. If the trade union body does not agree with any points of the local act, it can propose changes to management. The employer makes a decision to change the document within 3 days.

If it is not possible to reach an agreement, the contradictions are formalized using a protocol. After this, the company management can accept normative act and introduce changes to the operating mode on your own terms. But in this case, you should be prepared for the fact that the trade union will want to challenge the employer’s decision in court or labor inspection. If the dispute is decided not in favor of the initiator, he will have to cancel the innovation.

Employment service warning

When an enterprise introduces shortened working hours, management must notify the employment service. This rule has been mandatory since 2009. The deadline is also set - 3 days from the moment the decision to make the reduction is made.

The employer draws up a notice, the unified form of which does not exist. Each director draws it up in any form, indicating the following points:

• start and end dates of the part-time period;
• the reasons why the organization needs to reduce the number of hours;
• the number of subordinates forced to work according to the new rules.