Part-time labor code. New rules for establishing part-time work for an employee Article 93 part-time work

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 week.

With a part-time working day, 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).

A part-time work week means setting fewer work 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).

In contrast to reduced working hours, which is the full measure of the length of work established by law for certain conditions work 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 the employment contract or formalized as an addition 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 obligatory establishment of a part-time regime for only one of the parents who have 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 as full-time workers. 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 a part-time mode 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 a period of 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 the payroll of the organization's employees. V payroll the specified employees are counted 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 workers", approved. Decree of Rosstat dated October 13, 2008 N 258 // Questions of statistics. 2009. N 1).

The current economic situation has forced many organizations to rethink their work patterns. One of the ways to overcome the difficulties associated with the decrease in production volumes was the transition to part-time work. Let's talk about this.

Determining the terms

Part-time work is a form of employment in which the duration of the employee's working time is less than that established by law. By agreement between the applicant and the employer when hiring, as well as subsequently, a shortened day can be set (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not provide a decoding of the concept of “part-time work”. And here is the Convention international organization for labor (June 24, 1994) No. 175 defines this term as labor time that is shorter than the normal working day. It should be noted that the aforementioned document has not been ratified by Russia. But obligations were taken to consider its provisions for approval by Russian trade unions and employers' associations.

Part-time work

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

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

However, one should not confuse part-time work with a shortened 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 people, students, workers employed in hazardous areas of production, etc. For such employees, reduced working hours is a 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, explanations are given in detail and in an accessible form.

Part-time report card

Everyone knows that at the enterprise personnel officers keep a time sheet. It is according to him that the accounting department then orientates itself when calculating wages... Therefore, the timesheet is one of the main documents for the HR department.

So, it records work under conditions part day at the request of the employee, it is marked with the code "NS" or "25" (according to the decree of the State Statistics Committee of 01/05/2004 No. 1). In this case, there is talk about part-time work, since non-working days with a shortened week will be marked as days off.

Remuneration for labor and vacations

Part-time pay will differ from normal payment. The fact is that in the conditions of carrying out activities in such a mode, there is an unambiguous decrease in wages. And this is logical. The accrual will be carried out in proportion to the time that the employee worked, or for the amount of work he performed (Article 93 of the Labor Code of the Russian Federation).

But part-time vacation is exactly the same as with a regular schedule. When calculating vacation pay, other labor rights are also taken into account. In fact, the shortened working day does not affect the duration annual leave... The calculation of the average daily earnings for the accrual of travel, sick leave and vacation pay occurs in the usual manner, in accordance with regulatory documents. The change in the employee's mode of operation in the billing period does not matter.

At the same time, if they want to involve a person in performing a task outside the schedule that is set for him, then this type of activity will already be considered overtime work(Article 99, 152 of the Labor Code of the Russian Federation), which means that they must be paid accordingly.

Labor on their days off with a shorter working week is also paid in an increased volume (Articles 153, 113 of the Labor Code of the Russian Federation).

We have introduced you to the basics of wages if you are employed part-time. The Labor Code protects the interests of citizens. However, it should be remembered that in practice, the norms that are clearly indicated in regulatory documents... Therefore, we need to know our rights in order to monitor their observance.

Part-time registration

Sometimes it happens that people need to shorten the time they spend at work for some objective reason. And they ask themselves the question: "How to get a part-time job?" It's not difficult at all.

Earlier, we have already said that initially, by agreement of the parties, an appropriate employment contract can be drawn up. Part-time work is spelled out in it as the mode of work of a certain employee.

In what other cases is the employer obliged to transfer the employee to a reduced working regime?

Article 93 of the Labor Code of the Russian Federation indicates the following categories of citizens:

1. Pregnant women.
2. Parent of a child under the age of fourteen. This can be both a mother and a father, or a guardian.
3. Persons caring for a sick relative (with a medical certificate).

To switch to a new one, you just need to write a part-time application.

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

As we said above, the transfer to part-time work occurs at the request of the employee with an application.

Let's give an example of such a document.

Please transfer me to a part-time job (seven working hours a day) from 01.10.2012 to 31.12.2012 due to pregnancy.

The pregnancy certificate is attached.

Based on the statement, the personnel officer writes an order for part-time work. See below for a sample.

About part-time transfers

Based on the statement of the accountant Ivanova A.A. dated 09.29.2012 and in accordance with the Labor Code of the Russian Federation, art. No. 93

I order:

1. Provide accountant A. Ivanova with work on a part-time basis from 01.10.2012.

2. To establish the following work schedule for the accountant A. Ivanova:

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

3. Accounting departments to calculate the salary of A. Ivanova in proportion to the time worked by her.

4. Control over the execution of the order shall be entrusted to the deputy V. V. Khorkina.

Director Vasechkin I. V.

Acquainted with the order:

Change of employment contract

If one of the employees at the enterprise has a work schedule that differs from the generally accepted one, this must be reflected in the employment contract (article 57 of the Labor Code of the Russian Federation). If the changes have occurred recently, then it makes sense to make some amendments. It is not necessary to completely change it, it is enough to draw up an additional agreement, which will reflect the innovations.

All agreements or additions to them are made only in writing(Article 72 of the Labor Code of the Russian Federation).

Up to this point, we have considered only those cases when the employee himself is the initiator of the change in the work schedule. But it often happens that, for a number of reasons, the previous provisions of the employment contract cannot be preserved. Then it is allowed to change them by the decision of the employer. In this case, the company is obliged to inform its employees in advance about the upcoming changes and the reasons that led to this. The employer notifies employees that they will be transferred to part-time work 74) no later than two months in advance.

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

We emphasize that the indicators of mass layoffs are defined in intersectoral and territorial agreements (Article 82 of the Labor Code of the Russian Federation). The most striking example of this situation can be a large reduction in the number of employees in connection with the liquidation of the organization or with the reduction of entire divisions of the enterprise.

Part-time work (the Labor Code of the Russian Federation contains such information) is then established by a single order for the enterprise. Employees are notified in writing against signature. Moreover, consent or disagreement to work in the changed conditions is prescribed right there, in the order, or in a separate document. According to the Labor Code, if a person does not want to work on a new schedule, the employment contract is terminated with him automatically (clause 2, part 1 of article 81). In this case, the employee is paid compensation.

Of course, all changes in the employment contract should not worsen the position of employees, in comparison with the paragraphs. Cancellation of the part-time working regime earlier than the period for which it was introduced is carried out by the enterprise with the participation of the trade union organization.

Part-time work for moms

Let's now take a closer look at the issue of part-time work for women. We have already mentioned that, while on parental leave, a woman has every right to go to work part-time. Thus, the young mother will be able to re-enter the course of affairs and not lose her qualifications. How to get such an employee to work correctly?

We remind readers that parental leave is issued by mothers until their son / daughter reaches the age of three (Article 256 of the Labor Code of the Russian Federation). For this period, they retain workplace... Article 256 of the Labor Code of the Russian Federation, part 3, states that a woman can go to work at this time on a part-time basis. It turns out that until the baby is three years old, his mother can be on vacation and work at the same time.

Features of reduced working hours for women

Part-time work can be established for a woman for any period of time (if it is a mother of small children). There are no restrictions in the labor code on this matter. That is, two options are possible. First: an event is indicated before which adjustments 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 length of the working week in this case. In fact, a woman can work a couple of hours a week, and thirty-nine ... This issue is not legally regulated.

If the employee processes more than the established rate, then this overtime that must be paid separately.

Note that breaks for feeding an infant are included in working hours (Article 258 of the Labor Code of the Russian Federation). According to the statement of the worker 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 break for rest, food.

Also, women with part-time work are entitled to a shortened pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm for a young mother are 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 "НС".

For a part-time work week, the number of days worked is indicated, and for a part-time work, the actual hours worked. Holidays are marked under the code "26".

Filling out the report card 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 obligation to work. Therefore, as a rule, two corresponding codes are entered into the document. For this, an additional line is added to the report card.

How to deal with feeding breaks? There is no definite answer. Two options are offered. In the first case, you can simply mark this time as working, because this is, in fact, how it is. And the salary will be calculated according to the order according to the average earnings, because the breaks are paid according to the average.

And in the second case, they suggest showing the feeding time in the report card, which, according to many experts, is not very convenient and even meaningless.

Paperwork for a young mother

If a woman who is on parental leave is initially hired on a part-time basis, then this is prescribed in the employment contract. The employment order must include a schedule of its activities, indicating lunch breaks and weekends. The salary is calculated in proportion to the hours worked.

But if an already working employee needs to be transferred to a part-time job, then she writes an application for this. In it, she indicates the reason for her request (the presence of a child under three years old) and the period for which she plans such changes. The transfer of a woman will not be formalized by an order. And it is also desirable to make an addition to employment contract, where the changes will be indicated - it is more correct to do so.

Is it possible to transfer to another job?

When a woman switches to a part-time work week, it is possible to transfer her to another section. Of course, a similar position should be provided. At the same time, such a translation is not even entered into the work book.

In order not to engage in bureaucracy and not to accept an employee for permanent job, you can go the other way. As you know, there are civil law contracts that are drawn up to perform a certain type of work. With their help, you can attract a woman to regular or irregular cooperation with the company. The work performed by her will be accepted by means of acceptance certificates. Payment will be made in accordance with the contract. This option is beneficial for both the enterprise and the woman.

Summing up the topic, I would like to emphasize that an employee at any time has the right to switch to full time again. For this, only her desire and a written statement are enough. There are no legislative restrictions on this matter. The personnel officer, based on the application, prints the order.

Instead of an afterword

In our article, we tried to understand as much as possible the nuances of part-time work. Summing up, I would like to advise if you have any questions regarding labor legislation 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 topics that interest you. We hope that our article will be useful to you.

By agreement of the parties to the employment contract, the employee, both when 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 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 no 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 others. labor rights.

Commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time work (part-time or part-time work week) can be established by agreement of the parties (for a specified period or without specifying a period) with payment in proportion to the time worked or depending on the amount of work performed.

2. For certain categories of employees (pregnant women, persons with minor children, caring for a sick family member in accordance with a medical certificate), the employer is obliged to fulfill a request for part-time work.

3. Part-time workers have the same rights as full-time (weekly) workers.

Second commentary on Article 93 of the Labor Code

1. It is customary to distinguish between two types of part-time work - part-time or shift (when the duration of daily work per day or shift is reduced) and part-time work week (when the number of working days per week decreases, but the working day remains normal). A combination of a part-time work week with a part-time work day is allowed.

2. The employee has the right to demand, and the employer is obliged to establish part-time work (shift) or part-time work week for pregnant women, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), and a person caring for a sick family member in accordance with a medical certificate (if it is issued in accordance with the procedure established by law). Part-time work is usually set at the request of the employee. However, if the initiative to establish part-time work comes from the administration, then it must notify the employee about this no later than two months in advance (see).

3. In accordance with the work on a part-time basis does not entail for employees any restrictions on the duration of annual leave, the calculation of seniority and other labor rights. However, an employee who works in conditions of irregular working hours (or its combination with a part-time working week) is deprived of the right to additional leave provided if part-time is assigned to him. If, in this case, the employee is assigned an incomplete working week, then the right to the specified additional leave is not lost.

4. In accordance with the Order Federal Service employment of the Russian Federation of May 26, 1993 "On the provision of compensation payments employees of enterprises, institutions and organizations who are forced to work part-time or part-time ", monthly payments in excess of wages for part-time work are provided so that the total amount of payments (including wages) does not exceed the amount established by law minimum size wages.

Payments are made starting from the 2nd month from the date of the establishment of part-time work and should not exceed 6 months.

5. When part-time work is established, remuneration is made in proportion to the time worked. The employee does not have the right to demand at the same time wages in the amount of at least, since this guarantee applies only to employees who have performed the full measure of labor.

By agreement between the employee and the employer, part-time (shift) or part-time work can be established both upon hiring and subsequently. The employer is obliged to establish a part-time (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) having a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
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 for employees any restrictions 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

1. Part-time work is a working time determined by an agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established for the given employer.

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. Moreover, the working time can be reduced by any number of hours or working days without restrictions. Part-time or part-time workweeks can be established both upon hiring and afterwards.

3. Part 1 of the commented article defines the circle of persons whose requirement to establish part-time work is obligatory for the employer. The employer is also obliged to satisfy the request of the disabled person for part-time work, if the individual program of the disabled person recommends working hours less than that established by law (Article 224 of the Labor Code).

Other employees require the consent of the employer to establish part-time work.

4. 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. On the procedure for the introduction of part-time work at the initiative of the employer, see Art. 74 TC and commentary to it.

Another commentary on Article 93 of the Labor Code of the Russian Federation

In contrast to the reduced working time, enshrined in Art. 92 of the Labor Code, part-time work (part-time or part-time work week), provided for by the commented article, is established by agreement between the employee and the employer, both upon hiring and subsequently. At the same time, this article contains an exception, which consists in the fact that the employer is obliged to establish the specified part-time working day or working week when a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of 14, requests it. years (disabled child - up to 18 years old), as well as a person caring for a sick family member in accordance with a medical report. Another difference is that with a reduced duration of working time, the employee is paid in full, and when working on a part-time basis, in proportion to the time worked by the employee or depending on the amount of work (output) performed by him.

Part-time work does not entail for employees, as established by Art. 93 of the Labor Code, any restrictions on the duration of annual paid leave and other labor rights. Part-time work is included in the content of the employee's employment contract as one of the prerequisites and is reflected in the order (order) for employment, but is not indicated in work book... However, the introduction of part-time work at the initiative of the employer changes the mandatory conditions of the employment contract and must be carried out in compliance with the labor rights and guarantees of the employee provided for in Art. 74 TC.

When a new employee is admitted to an organization in accordance with the Labor Code of the Russian Federation, the employer must conclude an employment contract in it, which specifies the conditions of work and the length of the working day to be hired.

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If for some reason an employee wants to work part-time, this right is enshrined in Article 93 of the Labor Code, then the manager cannot deny him this.

What it is

Part-time work is a time period established with the mutual consent of the employee and the manager, which will be shorter than working hours of a reduced or regular type.

It can be expressed in the format:

In addition, an option is possible with a simultaneous reduction in the number of daily working hours and days per week. At the same time, the legislation does not establish a maximum or minimum time indicator, which must be worked out by an employee.

If a citizen works on this type of schedule, then labor is paid based on the time or volume of work performed.

It is worth noting that part-time work and shorter workdays are not the same thing. The second option is used when hiring certain categories of citizens, for example, a disabled person or a minor.

What is said in article 93 of the Labor Code of the Russian Federation

Art. 93 of the Labor Code of the Russian Federation: part-time work with comments in 2020 indicates that with the mutual consent of each of the parties to the employment contract, a part-time schedule can be established.

This can be done both when concluding a contract and at any convenient time. The duration of this type of schedule can be either unlimited or set for any period agreed between the parties.

In addition, the manager does not have the right to refuse to transfer to part-time work:

• pregnant women;
• a citizen who maintains a child under 14 years of age;
• a person caring for a child with a disability under 18;
• citizens caring for a sick relative. The fact of the disease must be confirmed by a medical report.

This work schedule is established for the period required by the employee himself, but it should not exceed the period of the circumstances that caused the mandatory transfer to part-time work.

In this case, the working day is set at the request of the employee himself, taking into account the working conditions at a particular production. Return to full time is acceptable if necessary.

Labor remuneration is calculated according to the format of the time spent or according to the volume of work done. Such a moment can be provided for in the contract or in the statement that regulates the transition to part time.

Work on an incomplete schedule does not affect annual leave, seniority, as well as different options labor rights.

A comment

In fact, Article 93 enshrines the right of a number of categories of citizens to part-time work, which makes it possible to switch to a lighter version of work. It is worth considering that shortened and part-time work are similar, but they are not the same thing.

Part-time work is assigned to various categories of citizens, including pregnant women and persons who support children or people with disabilities, as well as people in need of care.

If necessary, any employee can write a statement to the management about the transition to part-time work, if the moment is included in the list established in Article 93, then this cannot be denied.

This applies to already employed citizens who require a special schedule and reduced time workload.

When hiring, taking into account part-time work, all points are prescribed in the contract. Part-time itself can be expressed as a part-time week or part-time, that is, working hours will be reduced on a daily basis.

Most often, part-time workers are given two options: work at specific hours or the amount of work required. Most enterprises use the second option.

Features for maternity leave

At the legislative level, women on maternity leave are allowed to work part-time. This requires:

• write an application addressed to the employer indicating the request for transfer to part-time;
• draw up and familiarize the employee with signature with an additional agreement to the employment contract, which will spell out the exact number of working hours;
• create an order for an employee on maternity leave to return to work according to a part-time schedule.

If at the time of part-time work before the child turns three years old, the woman decided to return to maternity leave, then this requires a corresponding application addressed to the employer, who has no right to refuse.

Also, the law allows a woman immediately after graduation maternity leave take another vacation, laid for the time worked before the decree. Its registration is made upon application.

Maternity wages are paid according to general rules for all part-time citizens. In this case, payments for the child should be charged in full.

Each employee can work part-time. This desire can be expressed, both at the time of the conclusion of the contract, and after a while and recorded in additional agreement... Remuneration for labor must be made in proportion to that specified in the terms of the contract.