Reduced working hours and part-time work. Part-time work What is the difference between reduced working hours and part-time

In practice, there are often situations where part-time work and reduced work time are mixed, although it should be clear that these are completely different legal categories. Part-time work, as noted above, may be part of reduced working time, but it is not the same as reduced working time.

Reduced working time is subject to the rules of Articles 113 and 114 of the Labor Code.

The reduced working hours in accordance with Part 1 of Article 113 of the Labor Code is established for workers in jobs with harmful and (or) dangerous working conditions and, as a general rule, is no more than 35 hours per week.

Thus, for minor workers aged 14 to 16, the working time may not exceed 23 hours per week, and for workers aged 16 to 18 - 35 hours per week. The same maximum duration (35 hours) is set for disabled people of groups I and II, as well as for those working in the evacuation (exclusion) zone due to increased radioactive contamination of the territory, including those temporarily sent or seconded to these zones. Reduced working hours are also established in accordance with Part 5 of Article 114 of the Labor Code by the Government of the Republic of Belarus or an authorized body for certain categories of workers (teachers, doctors, etc.) holding certain positions.

In particular, the Lists of categories of pedagogical workers, who have established the norms of pedagogical (teaching) work at the rate, were approved by the Decree of the Ministry of Education of the Republic of Belarus dated 06.07. 2001 No. 41 "On the establishment of reduced working hours and norms of pedagogical (teaching) work at the rate of certain categories of pedagogical workers."

The list of employees of healthcare organizations of any organizational and legal forms of ownership, for which a reduced working time is established, was approved by the Decree of the Ministry of Health of the Republic of Belarus dated 05.04. 2000 No. 6 "On the reduced working hours of employees of healthcare organizations of any organizational and legal forms of ownership." For example, according to the said resolution, a 33-hour working week is established for dentists, doctors of medical advisory commissions (VKK), doctors - forensic psychiatric experts. With a 6-day working week, the working day of such workers is 5 hours 30 minutes, with a 5-day working week - 6 hours 36 minutes.

It should be noted that for employees who, in accordance with the law, have reduced working hours, the specified duration is nothing more than a preferential full norm of working hours.

Meanwhile, part-time work, as already noted above, is only a part of full or reduced working time. Hence the special rules established by the legislator for the remuneration of part-time or part-time workers (see below).

Finally, it is useful to pay attention to the following differences between part-time and reduced working time.

If the reduced working time is established by law, then part-time work can only be established by the parties to the employment contract.

Only certain categories of workers provided for by labor legislation can apply for reduced working hours, while part-time work can be established for almost any employee.

The duration of reduced working hours is established by law and is strictly defined. The agreement between the employee and the employer on the establishment of part-time work depends on the discretion of the parties and the agreement reached on reducing the working day or working week, respectively, by any number of hours or working days, or both.

Finally, what has already been noted, part-time work can be established for an employee both when hiring, and subsequently by agreement (agreement) between the employee and the employer, while the employee's performance of a labor function under the terms of reduced working time does not depend on the desire and will of the parties. labor contract.

Question 47

Labor legislation provides for 3 types of working time: normal working hours (40 hours a week), reduced working hours and part-time working hours.
All employees have working hours of normal duration, except for those for whom a different type of working time is established - reduced or part-time.
Reduced working time (Article 92 of the Labor Code) is established for certain categories of workers whose work, for various reasons (age, health status, high intensity of work, difficult working conditions, etc.), needs special legal protection.
Reduced working time is characterized by the following features: - the circle of persons to whom the employer is obliged to establish it is determined by law; thus it is forbidden for employers to limit the circle of persons using this benefit;
- the law defines the maximum duration of reduced working hours for certain categories of employees, which also excludes the possibility of increasing the limits established by law;
- as a rule, the reduction of working hours does not affect the amount of the employee's wages, which are set on the basis of normal working hours.
Reduced hours of work according to art. 92 TC is:
- for minors under 16 - no more than 24 hours a week;
- for minors aged 16 to 18 - no more than 35 hours per week;
- for disabled people of groups I and II - no more than 35 hours a week;
- for workers employed in jobs with harmful and dangerous working conditions - no more than 36 hours a week;
- for students of educational institutions under the age of 18 working during the academic year in their free time - no more than half of the norms established for minors (up to 16 years old - 12 hours, from 16 to 18 years old - 17.5 hours) .
Reduced working time is established by law for some other categories of workers: - for teaching staff - from 18 to 36 hours a week (Article 333 of the Labor Code);
- for medical workers - no more than 39 hours per week (Article 350 of the Labor Code);
- for workers engaged in work with chemical weapons - depending on the group of jobs that are classified as harmful - a 24-hour work week or a 36-hour work week;
- for some other categories of employees established by law.
Reduced working hours may be established in collective agreements for individual employees or categories of employees, taking into account the financial and economic situation of the employer.
Part-time work (Article 93 of the Labor Code) is established by agreement between the employee and the employer and is a condition of the employment contract. It can be entered both at the time of hiring, and subsequently. The possibilities of establishing part-time work by agreement of the parties to the employment contract are not limited by law.
Some categories of workers are entitled to work on a part-time basis (pregnant women; one of the parents (guardian, trustee) who has a child under 14 years old, a disabled child - up to 18 years old; employees caring for a sick family member in accordance with a medical report) . The employer must provide them with this opportunity.
Part-time work does not entail any restrictions on the duration of vacation, calculation of seniority and other rights for the employee. In accordance with Art. 256 of the Labor Code, at the request of a woman who is on parental leave, or a person who actually takes care of a child (father, grandmother, grandfather, guardian, etc.) and is on such leave, they can work on a part-time basis or on home while retaining the right to child care benefits.
Remuneration for part-time work is made for the time actually worked or the work actually performed.
Part-time work for up to 6 months may be introduced by the employer, taking into account the opinion of the trade union body, if changes in organizational or technological working conditions can cause mass layoffs of workers in order to save jobs. The cancellation of this regime can also be carried out by the employer, taking into account the opinion of the trade union body (Article 73 of the Labor Code).

Most organizations have a five-day work week with two days off. At the same time, the Labor Code provides an opportunity to establish in the organization a six-day working week with one day off and a working week with days off according to a staggered schedule (Article 100 of the Labor Code of the Russian Federation). In all cases, the normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). On the eve of the weekend, the duration of work with a six-day working week cannot exceed 5 hours (Article 95 of the Labor Code of the Russian Federation), and before holidays it is reduced by 1 hour.

Some categories of workers should be established: reduced or part-time work. Employees who are assigned reduced working hours are paid based on the normal length of working hours. Thus, the fact of working on reduced working hours does not affect the amount of wages. Part-time workers are paid on the basis of actual hours worked.

The Labor Code provides an opportunity to establish in the organization a six-day working week with one day off and a working week with the provision of days off according to a staggered schedule (Article 100 of the Labor Code of the Russian Federation).

Reduced working time

Reduced working hours The Labor Code of the Russian Federation establishes for certain categories of workers, for example, youth, students, disabled people, teachers, doctors and others.

Federal laws may establish reduced working hours for other categories of workers (teachers, doctors, etc.). For example, the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" establishes a reduced working time - 36 hours a week - for teachers of educational institutions.

part-time work

Part-time work can be set:

without fail at the request of the employee (for some categories of employees)
by agreement between employee and employer
at the initiative of the employer, taking into account the opinion of the trade union of this organization.

On its own initiative, the employer can establish a part-time regime only in cases provided for in Article 74 of the Labor Code of the Russian Federation, for example, during a crisis, and for a period not exceeding 6 months. The employee must be notified of the introduction of such a regime at least 2 months in advance. Since 2009, the company must report in writing the introduction of part-time work to the employment service. This must be done within 3 business days of the decision being made. Failure to provide such information will result in an administrative fine. Also, if the organization is not a small business entity, it must submit information to the statistical authorities in the form No. P-4 (NZ).

The duration of working time in each case is established in the employment contract. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work is mandatory at the request of:

pregnant women
employees with a child under the age of 14 (a disabled child under the age of 18)
employees caring for a sick family member in accordance with a medical report.

An employee can also apply to the employer with a request to establish a part-time work regime for him, for example, for family reasons. To satisfy this request or not, the administration decides.

Attention

Rules for calculating wages and withholding personal income tax. Payments upon transfer or dismissal. What taxes should be charged from the wage fund. Reflection and processing of payments to freelancers, under lease agreements, contracts, services ...

When is part-time work allowed?
What documents need to be issued?
What is the difference between part time and reduced work time?

Boris Berkhin, auditor, Alexandra Chausova, auditor, ]]> www.prostonalogi.ru ]]>

part-time work

Establishing a part-time work regime may be necessary not only for the merchant himself in order to maintain the business or expand it, when a change in production frees up part of the staff. Part-time mode may be requested by employees for a variety of reasons. The merchant may well meet them, it is necessary to draw up only a few documents.

First, let's figure out what is what. The fact is that the concepts of “reduced working time” and “part-time working time” are confused, because both of them mean a reduction in working time. However, these terms have different meanings.

Working time is the time during which the employee performs his labor duties (Article 91 of the Labor Code of the Russian Federation). Normal working hours for an ordinary employee cannot exceed 40 hours per week. For certain categories of workers, the code establishes reduced working hours. For such "exceptional" employees, a reduced rate is considered normal. These are disabled people of groups I or II, underage employees, persons employed in work with harmful or dangerous conditions (Article 92 of the Labor Code of the Russian Federation). That is, reduced working time is the norm (less than 40 hours) established by law for certain categories of workers.

Part-time work is reduced hours of work. For persons with normal working hours, the 40-hour week is reduced to some limit set by a common decision between the employee and the employer. For persons with reduced working hours, the working hours are reduced based on the legally established norm. Moreover, if the merchant is obliged to set a reduced time for the employee, then the partial time depends entirely on the will of the parties. The main differences between part-time and reduced working hours are summarized in Table 1.

Table 1. Main differences between part-time and reduced-time work

No. p / p	sign	Reduced working hours	part-time work
1	Categories of employees	It is established in relation to certain categories of employees named in Art. 93 of the Labor Code of the Russian Federation, other regulatory acts. In particular, minors, disabled people of category I or II, pedagogical and medical workers	Can be entered in relation to any employee, including those who are assigned reduced working hours
2	obligatory	If the Labor Code of the Russian Federation or another regulatory act establishes reduced working hours for an employee, the entrepreneur is obliged to comply with the requirement	It is not mandatory, it is established by the decision of the parties. The initiator can be either an employee or an employer. The employer does not have the right to refuse if a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), a person caring for a sick family member in accordance with medical report
3	Working hours	The duration of the working day and week is established by the Labor Code of the Russian Federation or other regulatory act	The duration can be any (by agreement of the parties). Can be set to part time or week or a combination
4	Establishment and validity period	It is set when applying for a job for the entire duration of the employment contract (for minors - up to 18 years of age)	It can be established at the conclusion of an employment contract (registration for a job) or later at the initiative of any of the parties. The term is agreed by the parties. If the regime is introduced at the initiative of the employer, the maximum period cannot exceed 6 months
5	What is installed	Labor Code and other regulations. In some cases, an employment or collective agreement. In particular, for women working in the regions of the Far North (Article 320 of the Labor Code of the Russian Federation)	The merchant draws up an order, draws up an additional agreement to the employment contract
6	Salary	In full size. For minors - taking into account the reduced duration of work (Article 271 of the Labor Code of the Russian Federation)	In proportion to the hours worked or depending on the amount of work performed

The general grounds for part-time work are defined in Article 93 of the Labor Code. Part-time work is introduced by agreement between the employee and the employer. Moreover, the initiator can be both a businessman and an employee himself. A part-time work day or a part-time work week may be established both at the time of employment and subsequently by agreement between the employee and the employer.

There are three options for part-time work. The first is a part-time job (shift). In this case, the work schedule for each day is determined. For example, with a five-day work week, employees work 8 hours a day from 9.00 to 18.00. The merchant reduces the number of hours per day and sets the length of the working day to five hours from 10.00 to 15.00, while maintaining the duration of the week - 5 days. The second option is part-time work. Here the length of the working day is preserved, but the number of working days is reduced. Let's say instead of a five-day week, introduce a three-day work week with an eight-hour working day. The third option implies a mixture of the first two, that is, the introduction of part-time work with a part-time work week.

Employee initiative

When an employee applies, the merchant may, and in some cases is obliged to, set a part-time work day or a part-time work week for the subordinate. The employer is obliged to provide the opportunity to work part-time (a week) at the request of a pregnant woman, one of the parents (guardians, trustees) who has a child under the age of 14 (if the child is disabled, then up to 18 years), a person caring for a sick member families in accordance with the medical report. In other cases, the merchant has the right to refuse an employee's request for part-time work.

Now let's deal with the documentation of the employee's initiative. The subordinate must write an application for the opportunity to work part-time (part-time). It specifies for what period, how many hours per day or how many days per week he would like to work. A businessman concludes an additional agreement with an employee to an employment contract on changing working conditions. The agreement prescribes the duration of the working day (week), the procedure for payment (in proportion to the hours worked or depending on the amount of work performed) and the term (any by agreement of the parties) of the additional agreement. At the end of the period specified by the parties, the employee automatically begins to work full time. If a specific period is not specified, then the end of the period of part-time work is established by agreement of the parties on the basis of an application from the employee or at the suggestion of the employer. By the way, when the parties do not set a specific date for the expiration of the agreement, the document can prescribe the procedure for terminating it and switching the employee to normal work. On the basis of an additional agreement, the merchant issues an order establishing an individual regime. In connection with the establishment of part-time work, no entries in the work book are required.

Consequences for the employee

The establishment of part-time work does not affect the duration and procedure for providing an employee with annual paid leave, payment for sick leave (including for pregnancy and childbirth) and the calculation of seniority. All labor rights of the employee established by the code are preserved (Article 93 of the Labor Code of the Russian Federation). But wages for part-time work will decrease. Remuneration is made in proportion to the hours worked or depending on the amount of work performed by agreement between the employer and the employee.

When a part-time working regime is established, the amount of wages is reduced regardless of the system of remuneration (official salary, tariff rate, etc.). This is indicated in the letter of Rostrud dated June 8, 2007 No. 1619-6. That is, it is not necessary to change the salary system, to make adjustments to the staff list.

Example

The employee was hired with a salary of 20,000 rubles. with a 40 hour work week. From September 1, 2009, the employee is transferred to part-time work - a 25-hour work week, 5 hours a day. Payment is made in proportion to the hours worked. This means that for fully worked (incomplete) time, the employee is entitled to a salary of 12,500 rubles. (20,000 rubles / 40 hours 5 25 hours).
Suppose, in September, a subordinate took 4 days at his own expense. In September - 22 working days, 18 (22 - 4) worked, which means the salary will be 10,227.27 rubles. (12,500 rubles / 22 days 5 18 days).

Employer initiative

The introduction of part-time work at the initiative of the employer is permissible only in the case provided for in Article 74 of the Labor Code. Namely, if there are changes in organizational or technological working conditions, and these reasons can lead to mass layoffs of workers. For example, new equipment is being introduced, production technology is changing, respectively, to perform work, it will be necessary to reduce staff (mass layoffs) or reduce the mode of operation. Of course, all these processes must be documented. The financial situation, although it may lead to the mass dismissal of subordinates, is not a reason for the merchant to establish part-time work for his subordinates. Another case was when the economic situation prompted a businessman to introduce other technologies, change the production process, use and maintenance of equipment. In this case, the introduction of an incomplete regime is quite possible.

What is mass layoffs? Article 82 of the Labor Code refers to sectoral and territorial agreements, where the criteria for mass layoffs should be prescribed. For example, in the construction and production of building materials, this is considered a reduction in staff by 10 percent of the total number, in the field of consumer services - 5 percent.

So, in order to save jobs, a businessman can introduce a part-time regime (part-time work week). To do this, you need to draw up an appropriate order on the introduction of part-time work. There is no special form for this, the order is drawn up in any form. The period for which reduction of the regime is allowed at the initiative of the employer is strictly limited - it cannot exceed 6 months.

The merchant is obliged to notify employees of forthcoming changes in the terms of the employment contract. In addition, it is necessary to report on the reasons that caused the need for changes (table 2). This is done in writing no later than two months before the proposed start of part-time work. This can be done by familiarizing the employee (against signature) with the order to introduce part-time work or by using a separate notice. The second option is preferable - the employee will receive a document containing all the necessary information, thereby the merchant will fulfill his obligation to inform the employee about the upcoming changes. Moreover, the decision of the subordinate is better to have in writing. Note: the consent of the employee in this case is not required, it is only necessary to obtain a signature that the employee is familiar with the upcoming changes. But the refusal must be in writing.

Table 2. Information to be included in an employee's notice of the introduction of part-time work

No. p / p	Intelligence	Sample text
1	The period of time for which the regime is introduced	We inform you that in connection with the launch of the new production system for the period from September 1 to November 30, 2009, part-time work is introduced. The following working hours are set: 4 hours daily from Monday to Friday. Of them: – from 9.00 to 15.00 on Monday, Tuesday, Wednesday; - from 13.00 to 18.00 on Thursday, Friday. During the working day, a break for rest and meals is provided for 1 hour. Working on a part-time basis will not entail any restrictions on the duration of the annual basic paid leave, the calculation of seniority and other labor rights (Article 93 of the Labor Code of the Russian Federation). Wages will be paid in proportion to hours worked. Give your decision in writing. In case of disagreement, a transfer to another job is possible. If you refuse to transfer, as well as in the absence of suitable vacancies, the employment contract with you will be terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation with the payment of a severance pay in the amount of two weeks of average earnings
2	Reasons for the introduction of part-time work
3	What kind of part-time work is set: part-time, part-time, or a mixed option
4	Terms of payment
5	Preservation of the duration of the annual basic paid leave, calculation of seniority, payments for sick leave
6	Consequences associated with the decision by the employee to refuse to continue working part-time (termination of the contract under Article 77 of the Labor Code of the Russian Federation)

The employee has the right not to agree to part-time work. In this case, the individual entrepreneur must, in writing, offer the subordinate another job available to the merchant that the employee can perform taking into account the state of his health, including a lower position or lower-paid job (Article 74 of the Labor Code of the Russian Federation). An individual entrepreneur is obliged to offer available vacancies in other areas, if this is provided for by the collective agreement, agreements, labor contract. If the merchant does not have vacancies or the employee refuses offers, the employment contract with him/her is terminated in accordance with Clause 7 of Part 1 of Article 77 of the Labor Code – refusal of the employee to continue working due to a change in the terms and conditions of the employment contract determined by the parties.

When establishing a regime of part-time work (shift) or part-time work week, the merchant is obliged to inform the employment service about this within three working days after the decision to introduce part-time work (clause 2, article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1, as amended by the Federal Law of December 25, 2008 No. 287-FZ). There are no forms for this, the message is written in any form.

For organizations, there is one more requirement - to coordinate the introduction of the regime with representatives of the primary trade union organization (Article 372 of the Labor Code of the Russian Federation). But the merchant does not have one, so coordination is not required. And the last thing the entrepreneur must do is to draw up additional agreements to employment contracts on changing the conditions that establish the duration of working hours.

Part-time working time is the time established by agreement between the employee and the employer, of a shorter duration than the normal or reduced working time for this employer (Article 93 of the Labor Code of the Russian Federation). It is determined in the form of part-time work (in this case, the daily work time is reduced, but the number of working days per week remains the same - 5 or 6) or in the form of part-time work (when the length of the work shift does not change, but the number of working days per week decreases ). A combined option is also possible, when both the number of working hours per day and the number of working days per week are reduced.

At the same time, the Labor Code does not establish the minimum and maximum number of hours (days) by which the “main” working time should be reduced. This issue is decided jointly by the employee and the employer. We also note that part-time work or part-time work week can be established both when an employee is hired, and later. And if the employee works part-time, then his work is paid in proportion to the time worked by him or depending on the amount of work performed.

Whom the employer is obliged to transfer to part-time work

Part-time work may be established at the initiative of the employee. Moreover, the Labor Code of the Russian Federation names certain categories of workers to whom the employer does not have the right to refuse if one of them requests to switch to part-time work.

Part-time work week or part-time work at the initiative of the employee is mandatory established (Article 93 of the Labor Code of the Russian Federation):

pregnant women;
one of the parents (guardian, custodian) who has a child under the age of 14 (a disabled child under the age of 18);
persons providing care for a sick family member with an appropriate medical certificate.

At the same time, part-time work is set for a period convenient for the employee, but so far there are circumstances that do not allow him to work full time.

Other employees can be transferred to part-time work only if the employer does not object to this.

Part-time work at the initiative of the employer

Employees can also be transferred to a part-time working week (part-time work) at the initiative of the employer. But only if the organizational or technological working conditions have changed at the enterprise, and this may lead to mass layoffs of workers. Then, in order to save jobs, the employer can introduce a part-time regime for up to 6 months, taking into account the opinion of the trade union organization, if there is one in the organization (