Part-time work week clearance rules. An employment contract with a part-time employee. Reflection of the reduced regime in the employment contract

1. The term "incomplete work time"used in Article 93 of the Labor Code of the Russian Federation covers both part-time and part-time working weeks.

With part-time work, the number of hours of work per day is reduced in comparison with what is established in the organization by the routine or schedule for this category of workers (for example, instead of 8 hours - 4).

Incomplete work week means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish a part-time work week for an employee with part-time work (for example, 3 working days a week for 4 hours).

Unlike shortened working hours, which is a full measure of the duration of work established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time work is only part of this measure. Therefore, in case of part-time work, labor is paid in proportion to the time worked, and in case of piecework, depending on the output.

Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both upon admission to work and during the period of work. The part-time condition must be reflected in employment contract or be issued as a supplement to it.

2. The law does not limit the circle of persons for whom part-time work is allowed. It can be set to any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to assign a part-time or part-time work week to the employee at his request. Thus, part-time work is mandatory established at the request of: a pregnant woman; one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal and other regulatory legal acts Russian Federation.

Securing the right to the mandatory establishment of a part-time regime for only one of the parents who has a child under the age of 14 (a disabled child under 18) means that if the need for such a regime arises for the second parent, he must resolve this issue in general order, i.e. by agreement with the employer.

In addition to the above categories of persons, the employer is obliged to establish part-time working hours at the request of a disabled person, if such a regime is necessary for him in accordance with an individual rehabilitation program, which is mandatory for organizations, regardless of their organizational and legal forms (Articles 11 and 23 of the Law on the Protection of Disabled Persons ).

An employer's refusal to comply with such a request may be appealed to the labor dispute resolution authority.

3. Part-time work is established for a fixed period or without specifying a period. In this case, work on a part-time or part-time basis is indicated in the content of the employment contract (see Art. 57 and comments to it).

Part-time workers have the same labor rights that of individuals who work full time. They are entitled to full annual and educational leave; working time is counted in the length of service as full working time; weekend and holidays provided in accordance with labor laws.

In work books, a mark of part-time work is not made.

On part-time work for women and other persons on parental leave under the age of 3, see Part 3 of Art. 256 and comments. To her.

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of this organization for up to 6 months.

For the procedure for transferring to this mode, see the comment. to Art. 74.

Persons hired for part-time or part-time work, as well as those accepted for half the rate (salary) in accordance with the employment contract, are included in payroll employees of the organization. In the payroll, these employees are taken into account for each calendar day as whole units, including non-working days of the week, due to the hiring.

Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to a part-time mode, when determining average headcount employees are accounted for in proportion to the hours worked (see Instructions for completing the federal statistical observation N 1-T "Information on the number and wages of employees", approved. Decree of Rosstat dated October 13, 2008 N 258 // Questions of statistics. 2009. N 1).

The standard working hours are not always convenient for both the employee and the employer due to economic and life realities. The current labor legislation provides for the possibility of reducing the length of the working day at the initiative of each of the parties. In order for a part-time transfer to be legal, both the employee and the employer must comply with a number of rules.

Part-time working time is understood as working hours less than normal, which, in accordance with Art. 91 of the Labor Code of the Russian Federation cannot exceed 40 hours per week. The following types of part-time work are provided:

part-time work (shift), in which the number of hours of work per day (shift) is reduced: for example, instead of the eight working hours established at the enterprise, five or six hours;
part-time work week, when the number of days of work is reduced, for example, three days per week instead of the established five days, while the number of hours of work on weekdays does not decrease.

Part time and shortened working hours are not the same... According to Art. 92 of the Labor Code of the Russian Federation reduced working hours are established for certain categories of workers (up to 16 years old, from 16 to 18 years old, disabled people of I and II groups working with harmful conditions labor, etc.). Reduced working hours are always fixed (no more than 35.36 hours per week, etc.). At the same time, the salary is paid in the same amount as employees who work the standard 40 hours a week. In case of part-time work, the number of working hours is determined by agreement between the employer and the employee, and remuneration is made in proportion to the time worked.

Who is assigned part-time work

Art. 93 of the Labor Code of the Russian Federation allows any employee to establish a part-time schedule by agreement with the employer. At the same time, there is a circle of persons whom the employing organization has no right to refuse: pregnant women; one of the parents (guardian, curator) with a child under the age of fourteen (a disabled child - under the age of eighteen); caregivers for a sick family member; postgraduate students studying by correspondence (Article 19 Federal law from 22.08.1996 N 125-FZ "On higher and postgraduate professional education").

Women with children under the age of 14 can apply to the employer with a request to establish a part-time working day, referring to the Decree of the State Committee for Labor of the USSR No. children and part-time workers "(applied to the extent that does not contradict the provisions of the Labor Code of the Russian Federation). According to this Regulation, part-time work can be established by agreement between the management and an employee with a child under the age of 14, for any period convenient for the employee or for an unlimited time. On the basis of clause 8 of the Regulation, when establishing a working regime with part-time working hours, the duration of the working day should not be less than 4 hours a day and 20 hours a week (with a 5-day working week). Depending on the specific working conditions other working hours can be set.

An employer may employ part-time employees such as:

seasonal workers;
cleaning ladies and au pair for preparing meals for employees;
lawyers and consultants in the field of law, taxes, etc .;
specialists in the field of information technology.

Situations are very common when qualified employees are hired on a part-time basis to complete short-term tasks (projects): designers, layout designers, application developers, copywriters, accountants.

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Part-time employees enjoy the same rights to annual basic paid leave, sick leave, calculating seniority, etc. as employees who work full time.

Important. The probationary period for persons applying for a part-time job is not reduced and ranges from one to three months. This follows from the article 70 of the Labor Code of the Russian Federation, where there is a closed list of categories of employees who are exempt from passing probationary period... Among them, there are no workers hired with a reduced number of hours.

How part-time work and rest are paid

An employee who is assigned a part-time work schedule is paid in proportion to the time worked or the amount of work performed ( Art. 93 of the Labor Code of the Russian Federation).

Example

Manager Sidorova hired with a salary of 30,000 rubles. with a standard 40-hour work week. From October 1, 2016, at her request, the employee was transferred to a part-time job - 6 hours a day. Labor remuneration is carried out in proportion to the hours worked. For fully worked (incomplete) time, the employee should receive a salary of 22,500 rubles. (30,000 rubles / 40 hours x 30 hours). There are 21 working days in October. Sidorova took 1 day at her own expense. Worked out 20 working days. Thus, Sidorova's salary will be 21,428 rubles. (22,500 rubles / 21 days X 20 days).

When establishing a part-time working regime, the size wages decreases regardless of the remuneration system (official salary, tariff rate, etc.). This is stated in the letter of Rostrud dated June 8, 2007 No. 1619-6. Thus, there is no need to change the salary system and make changes to the organization's staffing table.

Average daily earnings for vacation, sick leave and part-time travel are calculated as standard. At the same time, it does not matter if, in the billing period, the employee decided to change the working day mode to an incomplete one.

Important. Engaging an employee to perform job responsibilities outside the number of working hours that are set for him for a part-time, qualifies as overtime work and is paid according to the rules established for the payment of overtime ( Art. 99 of the Labor Code of the Russian Federation).

How to apply for part-time work

An employee who needs to switch to part-time writes a statement addressed to the head of the organization, indicating the reason, the date of the transition and the period of time by which he asks to reduce his daily number of hours of work. The application is registered by the personnel department and sent for approval to the head.

Part-time application

If an employee belongs to categories that cannot be denied to establish a part-time working day, he must attach to the application a document confirming the basis for establishing such a work schedule: a certificate from the antenatal clinic about pregnancy, the presence of dependents, a child's birth certificate, a certificate from the authorities local government, Housing department on the composition of the family, a certificate of incapacity for work for caring for a sick family member, a certificate confirming the fact of establishing the child's disability, a document confirming the appointment as a guardian, etc.

Amendments are made to the employment contract with the employee, which are formalized by an additional agreement. It indicates the new length of the working day and the date from which the changes take effect. The agreement is drawn up in duplicate and signed by the employee and the employer. Then one copy is handed over to the employee, about which a mark is affixed on the copy of the employer, certified by the signature of the employee ( Art. 72 of the Labor Code of the Russian Federation).

Supplementary agreement to the employment contract on the termination of part-time work

If part-time work is established when hiring, the condition on the duration of the work time is immediately prescribed in the employment contract ( Art. 57 of the Labor Code of the Russian Federation). At the same time, a corresponding entry is made in the order for hiring in the unified form No. T-1 (approved by the Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1). It is advisable to make it in the line "Conditions of employment, nature of work".

If part-time is introduced in the process labor activity, an order is issued indicating the date of establishment, the duration of the employee's working day, the period for which it is introduced (if such a schedule is temporary). The organization draws up the order form independently. The employee must be familiarized with the order against signature.

Order to establish a part-time working day

How to draw up a part-time employment contract

Just as in ordinary employment contracts, an employment contract concluded on a part-time basis indicates the full name of the organization, the last name, first name, patronymic of the employee, as well as the following sections:

general provisions, subject of the contract;
the rights and obligations of the employee;
the rights and obligations of the employer;
procedure and terms of payment;
date of commencement of work, duration of the employment contract;
responsibility of the parties;
grounds for termination of an employment contract;
date and place of signing, details of the parties.

The length of the established part-time working day is considered to be the standard working time. The employee retains the right to a shortened working day preceding the holiday.

Do I need to notify the employment service

By general rule, established by para. 2 clause 2 of article 25 of the Law of the Russian Federation of 19.04.1991 No. 1032-1 "On employment of the population in the Russian Federation", organizations must notify the employment service about the establishment of a part-time working regime. This rule was established to control the reduction of working hours throughout the organization (or in a large division). However, if part-time work is assigned to a specific employee on his initiative due to family circumstances or other personal reasons, notification is not required. This position is stated in the letter of Rostrud dated 17.05.2011 No. 1329-6-1. In these cases, the six-month limit does not apply.

Part-time as a forced measure

An enterprise may, on its own initiative, introduce part-time work, but for a period not exceeding six months ( h. 5 art. 74 of the Labor Code of the Russian Federation). To do this, three conditions must be met:

changes in organizational or technological working conditions (changes in technology and production technology, improvement of workplaces based on their certification, structural reorganization of production);
the possible occurrence as a result of changes carried out by the employer of such consequences as mass layoffs of employees.
the establishment of part-time work is aimed at preserving jobs.

If changes in the organizational or technological working conditions did not occur, but only a decrease in the volume of production, and in this regard, the employing organization does not have the opportunity to ensure full employment of employees, it is necessary to declare a downtime and provide employees with related guarantees ( Art. 157 of the Labor Code of the Russian Federation).

Before introducing part-time work, the organization must notify the trade union body (if any) and the employment service.

Part-Time Notice

Then an order is drawn up, which should contain: justification of the need to reduce hours daily work; denomination structural units for which changes are expected to be introduced; the period of validity of the introduced mode; separation of powers officials(for example, the personnel department - to familiarize employees with the upcoming changes, accounting - to make payments in accordance with the reduction in working hours).

On the basis of the order, employees are notified in writing against receipt of upcoming changes in the terms of the employment contract, as well as the reasons that led to the need for such changes. This must be done no later than two months before the introduction of changes ( Part 2 of Article 74 of the Labor Code of the Russian Federation). In case of refusal to sign, an appropriate act is drawn up.

If employees agree to continue working part-time, they are additional agreement to the employment contract. In case of disagreement, an order of dismissal is issued upon Clause 2, Part 1, Article 81 of the Labor Code of the Russian Federation- in connection with a reduction in the number or staff of employees with the payment of all compensations provided for by this basis.

Important. The law does not limit the number of cases of the introduction of part-time working hours, but in each of them the employing organization must document the reasons for establishing such a regime, since if a dispute arises, it will be necessary to prove the need for its introduction (paragraph 21 of the Resolution of the Plenum The Supreme Court RF dated 17.03.2004 N 2 "On the application by the courts of the Russian Federation Labor Code Russian Federation").

The minimum period of time after which it is permissible to reintroduce a part-time working day (if there are grounds provided for Art. 74 of the Labor Code of the Russian Federation), labor legislation is not established. Therefore, it can be installed either immediately after the end of the previous period, or after a certain period of time. At the same time, it is necessary to observe the two-month period for warning workers about the new introduction of part-time work.

Reasons for re-introduction part day should be different from the reasons for which it was introduced last time. Otherwise, there is a risk that the actions of the employer may be regarded labor inspectorate or by a court as an extension of the term for the introduction of part-time work, which is a violation of labor laws. In this case, the organization may be held administratively liable for Art. 5.27 of the Code of Administrative Offenses.

Under this article, officials are fined from 1,000 to 5,000 rubles, and if a person was previously subjected to administrative punishment for a similar administrative offense, a fine from 10,000 to 20,000 rubles. or disqualification for 1 to 3 years. The employing organization as entity can be fined in the amount of 30 thousand to 50 thousand rubles, and in case of a repeated violation, the amount of the fine will be from 50 thousand to 70 thousand rubles.

Accounting for working hours when introducing a part-time working day

In the time sheet, the total duration of part-time work, introduced at the initiative of the enterprise in situations provided for by labor legislation, is marked with a digital code "25" or the letter "NS".

Part-time employees are included in the payroll number of employees of the organization as whole units for each calendar day of the month, including those days when they do not work according to the terms of the employment contract, and days off. At the same time, in the average number of employees hired on a part-time basis, are taken into account in proportion to the hours worked. Workers transferred to part-time jobs at the initiative of the administration are counted as whole units.

You will need

- employee documents;
- forms of the relevant documents;
- Labor Code of the Russian Federation;
- documents of the enterprise;
- seal of the organization;
- a pen.

Instructions

An employee who decides to transfer to part-time work should write an application. In the header of the document, the employee must enter the full name of the enterprise in accordance with constituent documents or the surname, name, patronymic of an individual in accordance with an identity document, if the legal form of the company is individual entrepreneur, as well as the surname, initials of the head of the enterprise in the dative case. The specialist needs to indicate his last name, first name, patronymic in the genitive case, the name of his position in accordance with staffing table, structural unit.

In the content of the application, the employee should state his request to transfer him to a part-time (week) and indicate the reason why this should be done. Personal signature and date of writing on the document. The application is sent for consideration to the director of the company, who, if agreed, must affix a resolution with the date and signature. It should be borne in mind that the employer does not have the right to refuse to establish part-time work for an employee whose category belongs to those categories specified in the Labor Code of the Russian Federation, including pregnant women, persons with a child under the age of 14.

Draw up a supplementary agreement to your employment contract. Write down in it the fact of establishing part-time working hours, indicate the period for changing working conditions, the length of the working day (week). The term of the agreement is established in the document or the conditions for its termination are prescribed. On the part of the employer, the director of the organization should be personally signed, certified with the seal of the enterprise, on the part of the employee - a specialist who wrote an application for transferring him to part-time work.

Draw up an order, in the head of which indicate the name of the organization, the name of the document. Give it a date and number. Enter the subject of the document, which in this case corresponds to the establishment of a part-time work day (week). Indicate the reason for drawing up the order, which in this case corresponds to the reason written in the employee's statement. In the administrative part of the document, enter the last name, first name, patronymic, job title of the employee. Indicate that the remuneration of a specialist will be carried out in proportion to the actual hours worked or depending on the amount of work performed. Certify the order with the seal of the company and the signature of the director of the organization. Familiarize the employee with the document against signature.

New edition of Art. 93 of the Labor Code of the Russian Federation

By agreement of the parties to the employment contract, the employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit and for any period agreed by the parties to the employment contract.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time work is established for a period convenient for the employee, but not more than for the period of the existence of circumstances that were the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is established in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Part-time work does not entail any restrictions for employees on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation

Part-time work is always shorter in duration than normal or shortened work hours. The term "part-time" itself covers both part-time and part-time work. This type of working time is established by agreement between the employee and the employer both upon hiring and subsequently. In addition, the employer (including individual) is obliged to establish a part-time or part-time working week at the request of a pregnant woman, one of the parents (guardian, guardian) with a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for the sick a family member in accordance with a medical certificate (clause 1 of article 93 of the Labor Code of the Russian Federation).

To a large extent, the mode of work on a part-time basis is still regulated by union acts of law (in the part that does not contradict the Labor Code of the Russian Federation) and, in particular, by the Regulations on the procedure and conditions for the employment of women with children and part-time workers "of 29 April 1980 N 111 / 8-51. work book not performed (clause 3 of the Regulations).

Incomplete can be both a working day and a working week. Moreover, neither the minimum nor the maximum is established in the current legislation. According to the Regulation on the procedure and conditions for the employment of women with children and working part-time, part-time work was established, as a rule, not less than 4 hours and not more than 20, 24 hours with a five- or six-day working week.

With part-time work, the employee works fewer hours than established by the routine or schedule for this enterprise for this category of workers, for example, instead of eight hours, four.

With a part-time work week, the number of working days is reduced versus a five-day or six-day week.

Part-time work can consist of both a reduction in the working day and the working week.

Part-time work can also be applied, when daily work is divided into parts (for example, morning and evening mail delivery to the office of the enterprise, etc.).

Part-time working hours can be established by agreement of the parties both without limitation of the period, and for any period convenient for the employee mentioned in Article 93 of the Labor Code of the Russian Federation: for example, for the period of the child's school year, for the period until he reaches 10 years of age, etc. ... (clause 4 of the Regulations).

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. So, the transition to a part-time working condition is possible due to changes in organizational or technical conditions labor, taking into account the opinion of the elected trade union body of this organization for a period of not more than six months. In cases where part-time work is introduced at the enterprise for all or individual employees at the initiative of the administration, the following rules must be observed:

Since the legislation does not establish the form of notification, therefore, it can be arbitrary. The main thing is that the text makes it possible to establish what the employee was notified about and when. The personal signature of the employee must be on the notification;

3) if the employee does not agree to work in the new conditions, the employer is obliged to offer him other work available in the organization, which will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower position or a lower-paid job (also suitable for the qualifications of the employee and his state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment agreement (contract) on the grounds provided for (the employee's refusal to continue working due to changes in essential working conditions), the employment contract with him is terminated with the provision of appropriate guarantees and compensations to the employee. Moreover, the employee has the right to declare his disagreement and resign on this basis only until the introduction of the part-time regime (for this, the rule of a 2-month warning period has been established). If an employee changed his mind after the introduction of this regime, then he can resign only of his own free will.

The abolition of part-time work is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with article 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions on the duration for employees annual leave, calculating seniority and other labor rights.

Part-time work does not entail a decrease in the duration of the annual and educational leave, the work time is counted in the length of service as full working time; bonuses for work performed are charged on a general basis; weekends and holidays are provided in accordance with labor laws. However, payment for part-time work is made in proportion to the hours worked or depending on the output. Part-time work is one of the essential conditions of an employment contract.

Another commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time work is a working time determined by an agreement between an employee and an employer, the duration of which is less than the normal working time established for the given employer. In the event that an employee, in accordance with the legislation (), is entitled to a reduced working time, an incomplete working time will be considered to be shorter than the corresponding standard of reduced working time.

2. Part-time work can be a part-time work week or part-time work (shift). With part-time work (shift), the duration of daily work is reduced, but the work week remains five or six days. A part-time work week is a decrease in the number of working days while maintaining the set duration work shift... It is possible to simultaneously reduce the working day (shift) and the working week, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time or part-time workweeks can be established both upon hiring and afterwards.

3. Part 1 of Art. 93 of the Labor Code of the Russian Federation determines the circle of persons whose requirement to establish part-time work is mandatory for the employer (a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), and a person caring for a sick family member in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation).

4. The use of part-time work, as a rule, leads to an increase in production efficiency and makes it possible to increase the employment of the population through the use of one workplace by two part-time workers, the formation of second shifts with part-time workers, etc.

5. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. For the procedure for introducing part-time work at the initiative of the employer, see it.

Part-time work at the initiative of the employee and the employer is introduced in a certain sequence. Read on for what action to take in each case.

Acting labor legislation allows you to reduce the length of the working day at the initiative of the employee and the employer. The registration procedure depends on who initiates such a mode of operation. It is important to adhere to it so as not to break the law.

Part-time features

Part-time work (shift) or part-time work week are established by agreement between the employee and the employer both when hiring and subsequently (Article 93 of the Labor Code of the Russian Federation).

Important!
Part-time and shortened working hours are different concepts

In the Labor Code of the Russian Federation there is no definition of “part-time work”. In practice, incomplete working hours are considered to be less than normal, that is, less than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). in proportion to the time worked or depending on the amount of work.

The reduced duration of working hours for certain categories of workers is the labor standard (Article 92 of the Labor Code of the Russian Federation). They are paid the same salary as employees who work 40 hours a week.

There are the following types of part-time work:

part-time working week - the number of working days per week is reduced while maintaining the established duration of the working day (shift);
part-time work - the number of working hours of the working day (shift) is reduced while the number of working days remains unchanged;
part-time work week and part-time work at the same time - both the number of hours of the working day (shift) and the number of working days themselves are reduced.

Both the employer and the employee can initiate part-time work.

Transfer to part-time work at the initiative of the employee

It can be established by agreement of the parties to any category of employees, both indefinitely and for any period (part 1 of article 93, part 2 of article 203 of the Labor Code of the Russian Federation).

If part-time work is established when hiring, then the following condition is fixed in the employment contract, for example: "The employee is assigned part-time work of 30 hours a week." This is necessary, since the employee's working regime differs from the general rules in force for the employer (part 2 of article 57 of the Labor Code of the Russian Federation).

Part-time work can also be introduced during the term of an already concluded employment contract. The new conditions and the date from which they come into force are fixed in an additional agreement. If part-time work is established for a specific period, which is determined by agreement of the parties, then the wording of the additional agreement may be, for example, as follows: "An employee from 23.12.2017 to 10.02.2018 is assigned a part-time working time of 25 hours per week." Here, in the supplementary agreement, indicate the specific mode of working time: the length of the working week, the beginning and end of the working day, the time of breaks.

The agreement is drawn up in duplicate, it is signed by the employee and the employer. One copy is handed over to the employee, about which a mark is affixed on the copy of the employer, certified by the employee's signature (Articles 67 and 72 of the Labor Code of the Russian Federation).

At the conclusion of an additional agreement, an order is issued on the establishment of part-time working hours. Unified form there is no such order, the organization develops it independently. The order indicates:

dates when part-time work is established;
a specific mode of operation, different from the generally established one,
the period for which part-time working hours are established, determined by agreement of the parties.

The employee is introduced to the document for signature, and if he refuses to sign, an act is drawn up.

Advice
Do not inform the employment service that you have entered part-time work by agreement of the parties. The employer has no such obligation (Rostrud letter dated May 17, 2011 No. 1329-6-1).

In the time sheet, opposite the name of the employee who initiated the part-time work, an alphabetic (I) or numeric (01) code is put down. The bottom lines indicate the duration of the work. If the person has a part-time work week, the additional non-work days are marked as holidays on the timesheet.

If the employer is obliged to enter part-time work

one of the parents (guardians, trustees) with a child under the age of 14 (a disabled child under the age of 18);
persons who are caring for a sick family member in accordance with a medical report.

It is enough for employees to write a corresponding statement. And the part-time regime will be introduced at a convenient time for them, until the special circumstances change (part 2 of article 93 of the Labor Code of the Russian Federation).

When determining the working time and rest time, both the wishes of the employee and the conditions of production (work) at a particular employer are taken into account (part 2 of article 93 of the Labor Code of the Russian Federation). The algorithm of actions in a situation where the employer is obliged to establish part-time work is as follows.

Step 1. The employee writes a statement. The statement indicates:

the desired working time;
type of part-time work;
the date from which the onc asks to set part-time working hours.

Step 2. The employee submits the document-basis for part-time work. This can be a certificate from the antenatal clinic about pregnancy, about dependents, the child's disability, or a document confirming the appointment of a guardian.

If there is no such document, then the employer has the right to refuse the employee, because the law requires confirmation of special circumstances.

Part-time work is initiated by the company

The employer has the right to introduce a part-time or part-time work regime (taking into account the opinion of the trade union). However, he must be ready to document the need for such a regime. This will be needed in the event of a dispute (clause 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

Part-time work is established for a period of up to six months if there is a risk of mass layoffs of employees in connection with organizational or technological change in working conditions. If a person refuses to continue working in the new regime, the employment contract with him is terminated (parts 5, 6 of article 74, clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation).

The employer's actions when introducing part-time work on their own initiative will be described below.

Step 1. The manager makes a decision taking into account the opinion of the trade union body(if there is a trade union).

Step 2. An order is issued. There is no unified form of the document, so the organization develops it independently. The order must indicate:

reasons for changes;
the names of structural divisions or places of work for which it is supposed to introduce changes, the specific mode of work (part-time, part-time work week);
the period of validity of the introduced mode;
the date when the part-time regime is introduced - no earlier than two months after the order was issued.

Step 3. Notify the employment service about the part-time mode. The notice must be in writing. The deadline is three working days after the order on part-time work is issued (clause 2 of article 25 of the Federal Law of the Russian Federation of April 19, 1991 No. 1032-1, Rostrud letter of May 17, 2011 No. 1329-6- 1). It is better to check the form of notification with your employment center.

If you do not provide information, you face administrative liability under Article 19.7 of the Administrative Code of the Russian Federation.

Step 4. Notify employees. The notice should indicate that the employee must inform the employer of disagreement with the changes in writing, and also determine a specific period for this. It is recommended to reflect in the notification that in case of disagreement, the employee will be dismissed on the basis of part 1 of paragraph 2 of Article 81 of the Labor Code of the Russian Federation.

Step 5. Execute an additional agreement to labor contracts if the employee agrees to work under the new conditions. If he refuses, publish on the basis of part 1 of paragraph 2 of article 81 of the Labor Code of the Russian Federation.

The introduction of part-time work ends with its cancellation. If the order on the establishment of part-time work does not indicate a specific date for the end of work in such a mode, or the mode is canceled ahead of schedule, then the manager issues an order to cancel the mode and concludes a new supplementary agreement with employees.

Practical ambiguous situation: double change of work regime

Let's say you have entered into a part-time employment contract with an employee. Due to the temporary increase in the volume of work, the parties agreed to transfer the person to full-time work for a period of three months. Consider whether it is possible to draw up an additional agreement to the employment contract for only three months and not draw up a new agreement when this period ends.

Let's analyze the situation. Agreement on changing the terms of the employment contract, determined by the parties, is in writing. That's why temporary transfer an employee from part-time to full-time is recommended to register. To do this, it is enough to draw up an additional agreement to the employment contract, indicate the term and basis for the transfer - an increase in the volume of work.

The condition of the employment contract is part-time work, and the full-time mode is introduced temporarily. This means that it is permissible to transfer an employee to part-time work in unilaterally... In this case, the consent of the employee is not required, and an additional agreement is not drawn up.

In the time sheet, in the upper lines of column 4, opposite the name of the employee for whom the part-time mode is set on the initiative of the employer, an alphabetic code (HC) or digital (25) is put down. The lower lines indicate the duration of the part-time work. If the person has a part-time work week, the additional non-work days are marked as holidays on the timesheet.

Elena GALICHEVSKAYA,
expert of Kontur.School, training center of SKB Kontur