Part-time: Labor Code. Article 93 of the LC RF

The current economic situation forced many organizations to reconsider their work patterns. One way to overcome the difficulties associated with the reduction in production volumes was the transition to part-time work. That's about this and talk.

We define with terms

Part-time work is a form of employment in which the employee's working time is shorter than that established by law. By agreement between the applicant and the employer when applying for a job, and afterwards a reduced day may be established (Article 93 of the LC RF). The Labor Code of the Russian Federation does not provide a definition of the term "part-time". But the Convention of the International Labor Organization (June 24, 1994) No. 175 defines this term as a labor time, the duration of which is less than the normal working day. It should be noted that this document has not been ratified by Russia. But it was decided to review its provisions for approval by Russian trade unions, employers' associations.

Part-time work

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

1. Reduce the duration of the working day or shift for certain hours (all working days of the week are shortened).
2. Reduce the number of working days per week, but at the same time keep the usual working day or shift.
3. Reduce the duration of daily work for a fixed number of hours, while reducing the number of working days per week.

However, we should not confuse the part-time work with the abbreviated one, which is mentioned 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 the age of sixteen, disabled persons, students, workers employed in hazardous areas of production, etc. For such employees, reduced working hours are the complete norm. If you are interested in any information regarding your rights or working conditions, you can always read the Labor Code with comments. There clarifications are filed in detail and in an accessible form.

The report card with incomplete working day

Everyone knows that at the enterprise personnel officers keep a time sheet. It is for this reason that the accounting department is oriented when calculating wages. Therefore, the time sheet is one of the basic documents for the personnel department.

So, in it the accounting of work in the conditions of incomplete day at the request of the employee is marked with the code "NS" or "25" (according to the decree of the State Statistics Committee of 05.01.2004 No. 1). In this case, there is talk of an incomplete working day, since non-working days with a shortened week will be celebrated as a weekend.

Remuneration of labor and holidays

Payment for part-time will be different from usual. The fact is that in the conditions of carrying out activities in this mode there is an unambiguous reduction of wages. And this is logical. Charging will be conducted in proportion to the time that the employee has worked, or for the amount of work performed by him (Article 93 of the LC RF).

But the vacation with an incomplete working day is exactly the same as in a normal schedule. When calculating vacation pay, you take into account length of service and other labor rights. In fact, the regime of a reduced working day does not affect the duration of the annual leave. Calculation of the average daily earnings for the accrual of travel, sick leave and vacation is in the usual manner, according to the regulatory documentation. The change in the employee's work schedule in the billing period does not play a role.

At the same time, if a person wants 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 LC RF), and therefore be paid accordingly.

Work on their days off with a shorter working week is also paid in an increased amount (Article 153, 113 of the LC RF).

We have acquainted you with the main points concerning wages, if you are part-time workers. The Labor Code protects the interests of citizens. However, it should be remembered that in practice, the norms that are clearly indicated in the regulatory documents are not always fulfilled. Therefore, we need to know our rights in order to monitor their compliance.

Part-time work

Sometimes it happens that people have a need to shorten their time at work for some objective reasons. And they ask themselves: "How to apply for a part-time job?" It's quite simple.

Earlier we already talked about the fact that initially, by agreement of the parties, a corresponding labor contract can be drawn up. An incomplete working day in it is registered as a mode of work of a certain employee.

In what other cases is the employer required to transfer the employee to a reduced work schedule?

Article 93 of the RF Labor Code lists the following categories of citizens:

1. Pregnant women.
2. Parent of a child up to fourteen years of age. It can be either a mother, or a father, or a guardian.
3. Persons who care for a sick relative (in the presence of medical certificate).

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

In addition, people on leave for child care have the right to work on a special, reduced schedule. At the same time, they retain the right to receive social insurance benefits. And such an opportunity exists both with the mother and with the father of the child, grandmother, grandfather, guardian, who actually take care of the baby (Article 256 of the Labor Code of the Russian Federation).

As we said above, the transfer for part-time work is at the request of the employee, if there is an application.

Let us give an example of such a document.

	Director of LLC "Yantar" Petrov V.V. Accountant AA Ivanova
Statement

I ask you to transfer me on a part-time basis (seven working hours per day) from 01.10.2012 to 31.12.2012 due to pregnancy.

Certificate of pregnancy is attached.

29.09.2012

Based on the application, the personnel officer writes an order on incomplete working days. See the sample below.

Limited Liability Company "Yantar"
Order
30.09.2012.	No. 120

About part-time transfer

Based on the application of the accountant Ivanova AA dated 29.09.2012 and in accordance with the LC RF, art. No. 93

I order:

1. Provide the accountant Ivanova AA work on a part-time basis from 01.10.2012.

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

• Five-day working week with two days off.
• Reduction of the duration of daily work by one hour.
• The working week lasts thirty-five hours.
• Working hours: Monday - Friday: 9:00 to 17:00 h., Lunch break: from 13:00 to 14:00.

3. Accountants to charge the salary of Ivanova AA in proportion to the time worked by her.

4. Control over the implementation of the order to entrust to the Deputy Director for Personnel Khorkin V.V.

Director Vasechkin I.V.

With the order familiarized:

Chief Accountant I. Tsvetkova

Accountant Ivanova AA

Head of HR Department Ershova AT

Deputy Director for Personnel Khorkin V.V.

Change in employment contract

If one of the employees at the enterprise has a working schedule different from the standard one, this must be reflected in the employment contract (Article 57 of the LC RF). If the changes have occurred recently, it makes sense to make some amendments. It is not necessary to completely change it, it is enough to issue an additional contract, in which innovations will be reflected.

All agreements or additions to them are made only in writing (Article 72 of the LC RF).

Until now, we have only considered cases where the worker himself initiates the change in the work schedule. But often it happens that for a number of reasons, the previous provisions of the employment contract can not be retained. Then they can be changed by the employer's decision. In this case, the company must inform its employees in advance of the coming changes and the reasons that led to it. 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.

Such changes are possible when the enterprise faces a choice: either to carry out mass dismissal of employees, or - in order to save a certain number of jobs - to go on the introduction of part-time work (see the code with comments). The law provides for such procedure for a period of up to six months.

We emphasize that the indicators of mass layoffs are defined in interbranch and territorial agreements (Article 82 of the LC RF). The most striking example of this situation can be a large reduction in the number of staff in connection with the liquidation of the organization or with the reduction of entire units of the enterprise.

An incomplete working day (the RF Labor Code contains such information) is then established by a single order for the enterprise. Workers are notified in writing about the painting. And the consent or disagreement to work in the changed conditions is prescribed right there, in the order, or in a separate document. According to the TC, if a person does not want to work on a new schedule, the employment contract is terminated automatically (Section 2, Part 1, Article 81). The employee is paid compensation.

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

Part time for moms

Let us now consider in more detail such a topic as part-time work for women. We have already mentioned that while on leave for caring for a baby, a woman has every right to work part-time. Thus, the young mother will be able to re-enter the course of affairs and not lose her qualification. How to properly place such an employee at work?

Let's remind readers that a leave to take care of a child is made by mothers until they reach their son / daughter of three years of age (Article 256 of the Labor Code of the Russian Federation). For this period, they retain a job. Article 256 of the RF Customs Code, Part 3, states that a woman can work for a part-time job at that time. 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

Incomplete working hours can be set for a woman for any period of time (if it is a mother of young children). In the Labor Code there are no restrictions on this matter. That is, two options are possible. First: an event is indicated, to which corrections are made to the employee's work schedule. And the second option does not provide for any dates.

The law does not specify what exactly should be the duration of the working week in this case. In fact, a woman can work for a couple of hours a week, and thirty-nine ... Legislation is not settled this issue.

If the employee recycles more than the established rate, then this is an overtime, which must be paid separately.

Note that breaks for breastfeeding are included in the working time (Article 258 of the LC RF). According to the employee herself, who has a baby under the age of one and a half years, she is provided with hours for feeding, in addition to a rest break, food.

Also, women with part-time work are entitled to a reduced pre-holiday day, like all other categories of workers. In general, this rule is valid for all employees regardless of the schedule of their work. Any deviation from the norm for a young mother is either compensated financially, like overtime hours, or she is given an additional day off.

In the report card, the hours worked by the woman are put under the code "25" or "NS".

In case of an incomplete working week, the number of days worked is indicated, and for an incomplete working day, the hours worked are actually worked out. The output is placed under the code "26".

Filling a time sheet for a young mother has its own characteristics. After all, she is actually at the same time at work and on leave to care for the baby, which frees her from the duty to work. Therefore, as a rule, two corresponding codes are entered in the document. To do this, add an additional line in the report card.

How do you reflect the breaks for feeding a child? There is no single answer. There are two options. In the first case, you can just celebrate this time as a working one, because it really is. And the salary will be charged according to the order on average earnings, because breaks are paid on average.

And in the second case, it is suggested to show the time of feeding in the time-table, which, according to many experts, is not very convenient and even pointless.

Making documents for a young mother

If a woman who is on parental leave is initially recruited on a part-time basis, this is prescribed in the employment contract. The order for employment should include a schedule of its activities, indicating a break for lunch and a weekend. The salary is calculated in proportion to the time worked.

But if a part-time worker needs to be transferred to a part-time worker, then she writes a statement for this. In it, she indicates the reason for her request (having a child under three years old) and the period for which such changes are planned. The transfer of a woman to a reduced 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 - so to do more correctly.

Is it possible to transfer to another job?

When a woman switches to a part-time work week, she can be transferred to another section. Undoubtedly, a similar post should be provided. In this case, 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, you can go another way. As is known, there are civil-law contracts that are formalized for the performance of a certain type of work. With their help, you can attract a woman to regular or occasional cooperation with the company. The work performed by it will be accepted with the help of acceptance-transfer acts. Payment will be made in accordance with the contract. This option is beneficial both for the enterprise and for the woman.

Summarizing the topic, I would like to emphasize that the employee at any time has the right to go back to full time. To do this, only her wishes and written statements are sufficient. Legislation has not established any restrictions on this matter. Personnel on the basis of the statement prints the order.

Instead of an afterword

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