"reduction" of working hours. Who is entitled to a reduced working day

Sergey Petrov

Many employees dream of having a shorter working day. The legislation provides for such an opportunity for certain categories of workers. Who has the right to use it and when?

On the essence of the concept of a shortened working day

Article 92 of the Labor Code of the Russian Federation.

To comprehend this term, it is necessary to know how the legislation interprets the concept of a working day. This is the part of the calendar period that is spent on the performance of a specific volume of services or the production of products. For employees, time is measured in hours and days in accordance with what time a person came to work, started it, finished his labor activity, left the workplace.

Fact! The amount of working time, which is the maximum allowable for citizens, according to the law, is no more than 40 hours per week, 8 hours daily with a five-day week.

At enterprises, the working day may be reduced for individual employees, as well as for the entire workforce. This norm is stipulated in the Labor Code and should be included in the labor regulations of the organization.

The obligatory shortened duration of the week applies to certain categories of citizens:

1. Employees 15-18 years old - due to age characteristics, in order to avoid increased stress on the young body.
2. Citizens employed in hazardous production. Workers in this area are prone to occupational diseases due to the impact of negative factors.
3. Pedagogical workers whose work is associated with high intellectual and nervous tension.
4. Women employed in agriculture, which is associated with increased stress on the body.
5. Disabled people of groups I and II for medical reasons.
6. Women living in areas with special climatic conditions, which are equated to the northern regions.

Reduced work time must be distinguished from part-time work week. Such a week, like a day, is established for the employee at his request. This condition is written in the employment contract.

The main difference between the two concepts is the amount of payments:

1. Payment for a day not fully worked is made in accordance with the number of hours or depending on revenue.
2. With a shortened mode of labor activity, payment is made in full according to the conditions established by law.

Reducing the time of labor activity of employees does not lead to a loss in wages, a change in the duration of vacation. This is guaranteed by the state and aims to create favorable conditions for the work of certain categories of citizens.

When can you legally reduce hours of work?

Before official public holidays, the opening hours are shorter by 1 hour. All employees whose activities are not related to work on a rotating schedule are entitled to this, in shifts. For those whose work week consists of 6 days, the pre-holiday day should last no more than 5 hours.

Interesting! If the enterprise by type of activity does not have the opportunity to reduce the time on holidays, then instead of the number of hours that could be used by the employee, he is given additional time for vacation.

Also, these hours can be replaced by monetary compensation for overtime work at the request of the employee. Payment for pre-holiday days is made as for a full day.

The mode of operation at any enterprise and institution is organized in accordance with the norms of SanPiN. For example, the temperature regime in production or in the office affects the performance of work. In this regard, sanitary standards stipulate that the temperature in the office should be kept in the range of + 20-28C. With a deviation from the extreme points of the norm in the direction of increasing or decreasing the temperature, the working time is reduced. Control over the implementation of sanitary and other standards should be carried out by the administration of the enterprise.

Each enterprise has individual features of the organization of production. The established labor standards change if the required amount of work is not available or other force majeure situations occur. The management of the institution has the right to organize a temporary mode of leaving the team for a short shift or a week through a reduction in hours of work.

How to arrange a transfer for a short day?

If the employee has a need to switch to a reduced working day, then for this you need to fill out an application addressed to the employer with an explanation of the reasons for such a need.

Conditions for switching to a shortened day:

1. Notify management 2 months in advance.
2. Administration must be notified in writing. Based on the application for the employee, an order is drawn up.
3. Specify the reason for which the need arose. The reason must be valid with the provision of a supporting document. For example, if patient care is needed, then you need to provide a certificate from the clinic.

Women can apply for a short day, if the specifics of the enterprise allow it. According to the Labor Code, the head is obliged to sign the consent to the application of those who have the right to do so, if there are reasons prescribed in the law:

1. There are children under 14 in the family who do not attend preschool and require care.
2. Need to look after a sick family member.
3. If a woman works as a part-time job.

In the absence of these conditions, the employer may refuse to reduce the working time for a woman.

Legal framework

The procedure for establishing a shortened working time is regulated by the Labor Code, in particular, Article 92.

It is written in it:

• norms for the length of the week in a reduced mode;
• grounds for shortening working hours due to specific working conditions or other conditions.

Articles of the Labor Code regulating the procedure for establishing a short working week

Article 320 of the Labor Code of the Russian Federation.

Article 271 of the Labor Code of the Russian Federation.

The norms of the Labor Code and other legislative acts on reducing the time of labor activity of different categories of citizens:

1. Children under 16 years of age are accepted for work if there is parental consent. The mode of their work should not exceed 24 hours, for adolescents aged 16-18, the norm should not be more than 36 hours. If a worker is simultaneously studying at an educational institution, then the norm is reduced to 12 hours a week for citizens under 16 years old, 17.5 hours - up to 18 years old.
2. Special conditions should be created for the disabled, taking into account their state of health. For them, a week can last a maximum of 36 hours. This category includes citizens only with I and II groups of disability.
3. By order of the Ministry of Labor No. 33n, working hours for those employed in hazardous production are maximum 36 hours. The Labor Code allows an increase in working hours to the prescribed 40 hours, but only with the consent of the citizen.
4. According to the Decree of the Government of the Russian Federation No. 101, doctors have the right to work in a shortened mode. Depending on the position, they can apply for a week from 30 to 36 hours. The list of positions is specified in the Appendix to the Resolution.
5. Art. 333 of the Labor Code regulates a shortened week for teachers - up to 36 hours. The norm can be reduced to 30 hours, depending on the position (Order of the Ministry of Education No. 1601).
6. Art. 423 of the Labor Code prescribes a reduction in the working week to 36 hours for agricultural workers.
7. For students who combine study with work, the work week may be reduced if they express a desire to do so to the employer. The university where the student is studying must have state accreditation.

Concern for working citizens is also inherent in the legislation of other countries. For example, in the Labor Code of Ukraine and other former Soviet republics, norms are fixed that reduce the length of the working day for underage citizens, for women with small children, and the disabled. These provisions are fixed in the local acts of the enterprise.

How is the transition to a short week

The transition to a short day is made at the initiative of the employee or management.

Article 93 of the Labor Code of the Russian Federation.

Employee initiative.

Sample application.

A citizen must write a statement to the head with a request to reduce hours of work. Documents confirming the importance of the reason must be attached to the application.

Employer initiative

The enterprise for such a step must have good reasons, for example, an attempt to avoid mass layoffs of workers. Management needs to attach a rationale based on the calculations of economists, and thus prove that the introduction of a new work schedule is economically justified.

By agreement of the parties

It is much easier to organize the procedure for switching to a new regime of activity if the parties have mutually agreed on the need for this. In this situation, it does not matter who is the initiator.

After the change in regime is justified, a new schedule is officially formalized in stages:

1. Warning employees in writing with all the details: a new mode of work, changes in wages, if any.
2. Issuance of an order for changes.
3. Familiarization of employees with the order.
4. Drawing up an agreement on the reduction of working hours, which is an annex to the employment contract.

The reduction in working hours does not mean that the duration of the vacation or the number of paid days upon dismissal is reduced for citizens.

Many employers do not even know what a shortened pre-holiday working day is. Meanwhile, this norm is regulated at the federal level in labor legislation and is mandatory for all enterprises without exception. How much the pre-holiday working day is reduced and in what order - our article tells about all the nuances.

What does the reduction of working hours on the eve of the holiday mean?

The shortened pre-holiday day immediately precedes the onset of a public holiday. According to this privilege under stat. 95 the duration of work on the eve of official holidays decreases, but the salary does not decrease. The benefit applies to all categories of specialists, namely:

Employees assigned to a 5-day week.

Workers employed 6 days a week.

Specialists registered on the basis of part-time work or reduced.

Employees included in the state as part-time employees - internal or external.

It is impossible to reduce the time of work in organizations that conduct continuous activities for justified reasons. Employees of such institutions are not entitled to a shortened pre-holiday day, but processing is compensated by one of the possible ways at the choice of an individual. In accordance with Part 3 of Art. 95 additional days off can be used or monetary compensation is paid, the amount of which is calculated according to the rules for calculating overtime payments. That is, a minimum of double or one and a half size, depending on which day the employee works (stat. 152, 153 of the Labor Code).

By how many hours is the pre-holiday day shortened

In part 1, stat. 95 it is determined that the reduction of the working day on pre-holiday days is carried out by 1 hour. This rule applies to all employers and employees. Even if a person does not perform his duties all day, but part-time (0.5, 0.25 or 0.75), he is entitled to a reduction in the number of hours of employment on the eve of the holidays. For example, a specialist is registered for 0.5 rates as an external part-time job. In 2017, February 23 is a public holiday, and February 22 is a shortened day. The part-time worker works 5 hours twice a week in compliance with the norms of the stat. 284 TC. In the report card for February 22, 2017, the personnel officer will put down for such an employee not 5 hours, but 4.

If, according to the terms of employment, the employee will perform duties, for example, an hour a day, “0” should be put in the column with the number of working hours on a shortened pre-holiday day. This will not be a violation and will confirm that the employer has reduced the working hours on the eve of the holiday in accordance with the requirements of labor legislation. Additionally, a number of personnel documents will be required. We figured out how much shorter is the pre-holiday working day, then we will find out in what situations this rule does not apply.

When the pre-holiday day is reduced, and when not

General hours of work on holidays reduced by the employer for 1 hour. But if such a day falls on one of the weekends, the work schedule remains unchanged, that is, it cannot be reduced. To understand which days of the year are considered holidays and which are pre-holiday, you need to familiarize yourself with the production calendar. This is a special assistant to personnel officers and accountants, which contains data on public holidays, working hours and the number of days off / working days by month, quarter and year.

This calendar clearly shows how much shorter is the pre-holiday day- Dates are marked with asterisks. Additionally, information is displayed on postponed days off in order to increase the total duration of rest (based on the Decrees of the Government of the Russian Federation). But if one of the days off is transferred and becomes a working day, the employment time on that day is determined according to the working day schedule (stat. 95 of the Labor Code). For example, in 2018, April 28, that is, Saturday, was moved to April 30, that is, Monday, in order to lengthen May Day (Resolution No. 1250 of 10/14/17). At the same time, Saturday becomes a pre-holiday working day, reduced by 1 hour.

Working hours on holidays - 2018

The list of official Russian holidays is regulated by stat. 112 TK . All public holidays are listed here. The work schedule for 2018 was developed taking into account the provisions of Government Decree No. 1250 dated 10/14/17, which takes into account the postponement of certain days off. The table shows holidays and pre-holiday days for 2018 for a 5-day week.

The transfer in 2018 is provided for the following days:

From 01/06/18 to 03/09/18 - from Saturday to Friday.

From 01/07/18 to 05/02/18 - from Sunday to Wednesday.

From 04/28/18 to 04/30/18 - from Saturday to Monday.

From 06/09/18 to 06/11/18 - from Saturday to Monday.

From 12/29/18 to 12/31/18 - from Saturday to Monday.

Note! According to Part 4 of Art. 95 of the Labor Code with a 6-day week, the duration of the work shift on the pre-holiday date can be a maximum of 5 hours.

How a short pre-holiday day is drawn up according to the Labor Code of the Russian Federation

According to part 4 of stat. Each employer is obliged to organize reliable accounting of the time actually worked by the personnel. For this, a time sheet is used in the unified form T-12 or T-13 (Resolution No. 1 of 01/05/04), or it is allowed to draw up your own form, provided that all the required details are indicated in it. The days of appearance in the organization are marked with the code "I" or "01", and the number of hours worked on pre-holiday days according to the Labor Code of the Russian Federation is subject to a decrease by an hour.

To issue an order or not? Since according to the Labor Code, pre-holiday days are regulated on a general basis, it is possible not to fill out such a document. If the employer decides to issue an order, this will definitely not be superfluous, as well as drawing up an announcement about the company's work schedule. How to do this, tell our separate articles. With a continuous mode of operation of the enterprise, a list of those employees who will have to work without reductions in the duration of the work shift (day) should also be approved.

In cases where the employer does not comply with the current requirements of labor legislation, this is regarded as a violation. Responsibility for such actions is provided for in the Code of Administrative Offenses in the form of penalties. To avoid labor conflicts with the staff, it is recommended to respect the rights of employees and the rules of relations with them.

Conclusion - we examined how the working day is reduced on pre-holiday days in accordance with the requirements of Russian labor legislation. Reduction of working hours is not made on weekends, except in cases of official transfer of Saturday or Sunday to working days.

During the crisis, the introduction of part-time work in companies became very popular. AvtoVAZ, Evraz, KamAZ and a number of other enterprises have already taken this path. However, such a regime is not an unconditional right of the employer, and when implementing it, one should take into account the norms of legislation that establish both the rights of employees in such cases and the requirements for such a procedure.

The introduction of a part-time working day or week is permitted by Article 74 of the Labor Code. In accordance with it, the employer may not lay off people, but introduce a part-time regime for up to six months due to changes in organizational or technological working conditions (for example, changes in equipment and production technology) to prevent mass layoffs. "Temporary transfer to part-time mode, at the end of which employees are either reduced or returned to normal mode, can only be introduced in relation to the number of employees that meets the criteria for mass layoffs," says Alexei Ivanov, head of the HR consulting department at ACG Intercom -Audit".

To introduce a part-time work regime, the employer will have to prove a change in organizational or technological working conditions. The crisis itself does not apply to such circumstances. But if, for example, a structural reorganization of production occurs in connection with it, then it is possible to revise the mode of operation. Then you need to check whether the situation of workers will worsen compared to the established collective agreement and agreements, take into account the opinion of the trade union and issue an order to introduce part-time work for up to 6 months.

The employer, with sufficient grounds, has the right, on his own initiative, to establish a part-time working week or part-time day for both all employees and for some of them. At the same time, if part of the employees is transferred to a shorter day, then such a decision must be reasoned in notifications sent in advance to employees. Employees should be aware of upcoming changes in working conditions at least two months before the date of the proposed changes. This decision must also be made by the employer, taking into account the opinion of the elected body of the primary trade union organization. In addition, from January 1, 2009, when a part-time work regime is introduced, the employer is obliged to inform the employment authorities about this within three days after the decision to carry out the relevant measures has been taken.

The introduction of part-time work is possible both with the consent of the employee, and without it. In the first case, no problems arise, the parties must sign an additional agreement to the employment contract establishing the changed working hours. In the second case, the employee is fired through a reduction if he did not agree to work in another job available to the employer.

Agreement without amendments

Since the working time regime is established at the enterprise by a local act (for example, the Internal Labor Regulations), in order to change it, it is necessary to adopt a new version of the document, taking into account the opinion of the elected body of the primary trade union organization (Article 190 of the Labor Code). "The working time regime is reflected in the employment contract only when it differs from the general rules adopted by the employer for this employee. When the entire organization switches to part-time work, there is no need to make changes to it," says Ivan Mikhailov, an expert at the Legal Consulting Service GARANT .

When the entire enterprise is transferred to part-time work, it is necessary to make changes to employment contracts with employees only if the provisions of the contract themselves duplicate the conditions of the Internal Labor Regulations on the establishment of a working time regime. If the contract contains only a reference to a local act, the contract does not need to be rewritten. "When a separate division of the company (department, department) is transferred to the part-time mode, then such changes can be fixed either by the adoption of a local act in relation to the relevant division (for example, the Regulation on establishing the working hours of accounting employees), or by amending employment contracts with employees," says Andrey Shkadov, FBK-Pravo's leading legal adviser.

Mode not for everyone

Obviously, a change in organizational or technological working conditions may not affect all structural divisions of an enterprise, especially if this enterprise is a diversified holding. "There are no obstacles to the introduction of a part-time regime only in relation to some structural divisions of the organization. At the same time, the employer must check with industry or territorial agreements on the criteria for mass layoffs," recalls Ivan Mikhailov.

If the employees of the structural unit is not massive, the short-term introduction of part-time work is impossible. In the absence of sectoral or territorial agreements that apply to this employer, the criteria for mass layoffs can be found in the Regulations on the organization of work to promote employment in conditions of mass layoffs (approved by Decree of the Government of the Russian Federation of February 5, 1993 N 99). But the introduction of part-time work only for some employees of different departments can be regarded as their discrimination.

The establishment of a part-time regime on an individual basis (in relation to individual employees) is allowed only by agreement of the parties (Article 93 of the Labor Code). "Based on our practice, we can say that in different situations, the relationship between employees and employers develops differently. If employees understand that the employer is ready to continue labor relations with them, but on new conditions that suit them, they can meet him halfway, - Andrey Shkadov believes, “If there is a confrontation between employees and the employer and the parties cannot find a compromise, then it is impossible to unilaterally establish a part-time regime for several specific employees.”

Holiday pay stays the same

When working on a part-time working week, the employee is paid in proportion to the time worked by him or depending on the amount of work he performed. Taking into account the literal interpretation of this norm, the reduction in wages should be proportional to the reduction in working hours. That is, if earlier a worker worked 40 hours a week and received, for example, 40 thousand rubles, then if the working time is reduced to 36 hours a week, he will receive 36 thousand rubles. “If an employee has a piecework system of remuneration, then, as before, he will receive wages depending on the amount of work performed,” Ivan Mikhailov points out. “It is clear that in less time the employee will be able to complete a smaller amount of work.”

Article 93 of the Labor Code establishes a general rule that part-time work does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights. This means that it does not entail any changes for employees in relation to the mechanism for calculating vacation and sick pay. In both cases, the average earnings will be used.

Holidays for part-time workers are granted according to the general rules. Their duration does not change. When determining the average earnings, the total amount of payments during the billing period is divided by the time actually worked (Article 139 of the Labor Code). Since both of these values ​​will decrease, the amount of vacation pay will not change significantly.

When calculating benefits for temporary disability, calendar days, and not working days of the billing period, are taken into account (clause 15 of the Regulations on the peculiarities of the procedure for calculating benefits for temporary disability, for pregnancy and childbirth for citizens subject to compulsory social insurance). Therefore, the amount of sick leave will decrease. But this applies only to those who, before and after the introduction of part-time work, received less than 18,720 rubles. (maximum allowance in 2009). Employees who receive more will not notice changes in sick pay.

The part-time work regime is canceled after the expiration of the period for which it was introduced. There is no need to issue a special order for this. The cancellation of part-time work ahead of schedule is formalized by the order of the employer, which is adopted taking into account the opinion of the trade union.

One of the common methods of saving the financial resources of an organization is the transfer of staff to a part-time work schedule and, as a result, a reduction in salary costs. This approach is more loyal than mass layoffs. In the article, we will consider how the transfer to part-time work is carried out at the initiative of the employee and the employer, what is the procedure and how to draw up an order.

Incomplete duty is work time with a weekly duration of less than 40 hours. This issue is regulated by Convention No. 175 dated 06/24/1994 and Regulations of the State Labor Committee No. 111/8-51 dated 04/29/1980 (hereinafter referred to as the Regulations).

Transition to part-time work on the initiative of the employee

An employee can independently contact the manager to establish a part-time working period for him. The worker needs to write a statement and obtain the consent of the director.

According to the Regulations, the incomplete schedule provides for three options:

1. Reducing the number of working hours in each day of the working week;
2. Reduction of working days in a week while maintaining their normal duration;
3. A combination of points 1 and 2.

In his application, the employee indicates one of the above items, the length of the working day he needs, the duration of the period and the date the new schedule was established.

According to the rules of Art. 93 of the Labor Code of the Russian Federation, the director is obliged to establish an incomplete working regime for the following employees:

• pregnant;
• Parent (guardian) of a child under 14 or a disabled child under 18;
• A person taking care of a sick relative according to a medical report;
• Mother caring for a child under 1.5 years old.

The head has no right to refuse the specified categories of persons. A negative decision can be challenged in court.

According to the employee, the director discusses the conditions of the incomplete schedule with him. Relevant changes are formalized by agreement to the contract. Make up 2 copies of the document, signed by both parties.

The laws of the Russian Federation do not provide for restrictions on the number of working hours with a part-time work schedule. It is necessary to distinguish part-time from reduced. Their main characteristics are shown in the table.

Transition to part-time work at the initiative of the employer

An incomplete schedule may be introduced when the applicant is hired or subsequently. In order not to reduce staff, which is a time-consuming and expensive procedure, managers prefer to resort to part-time work. This does not require special expenses, but it obliges you to adhere to the norms of the law.

The director may, on his own initiative, introduce a part-time work regime in order to avoid mass layoffs of personnel in the following cases:

• The technique and technology of production have changed;
• Scientific research and design developments were introduced into production;
• There was a reorganization of the structure of production;
• The profile of the company has changed;
• New methods of control, planning, production management are applied;
• Improved workplaces due to certification.

The manager must inform the trade union of his intention and take into account his opinion.

The director sends the trade union committee a draft order on the introduction of a new schedule. It indicates the period, type of part-time regime, categories of employees, justification for their transfer. The trade union committee prepares and submits a written response within five days.

If no agreement is reached, the manager has the right to approve the order, and the trade union has the right to apply to the labor inspectorate, the court or resort to a collective labor dispute according to the rules established by law.

The maximum period for applying the part-time work regime at the initiative of the management is 6 months ( Part 5 Art. 74 Labor Code of the Russian Federation).

2 months before the entry into force of the order, the director is obliged to inform the staff in writing about the change in the working regime and the reasons for this.

The work of a citizen is paid in proportion to the time worked by him or the work done. Consequently, the cost of paying salaries is reduced.

Part-time work is included in the seniority, does not affect the duration of the next vacation and does not cancel other labor guarantees.

Typical error. An incomplete schedule is not an easy one.

With the introduction of an incomplete work week, some employers consider unworked days to be downtime and pay them.

Downtime is a forced suspension of the work of a company or its divisions for certain reasons. It is possible within the boundaries of working days and does not apply to weekends.

The transition to a partial week means the appearance of additional days off. They are not paid.

Step-by-step instructions for registering a part-time job at the initiative of employees and employers

If the desire to work part-time comes from an employee, the order of his transfer will be as follows:

Step 1. Acceptance of an application from an employee.

Step 2. Making an order.

Step 3. Drawing up an additional agreement.

At the initiative of the director, the sequence of actions is as follows:

Step 1. Preparation of a draft order.

Step 2. Coordination of intention with the trade union.

Step 3. Familiarize the staff with changes in the work schedule.

Step 4. Issuance of an order to establish an incomplete regime.

Step 5. Notification of the employment center.

The notice must be submitted in writing within three days from the date of the decision. Failure to comply with this obligation is punishable by a fine. For a manager, its size is 300-500 rubles, for an organization - 3,000-5,000 rubles.

Step 6. Conclusion of an additional agreement to the employment contract.

Typical error. Failure to submit statistical reports.

Introducing a part-time work regime, many managers forget to provide relevant information to the statistical authorities: ⊕ .

Organizations (except small businesses) with more than 15 employees must submit it. Data are submitted quarterly by the 8th day of the month following the reporting quarter.

Order to establish a new labor regime

When establishing a part-time work regime for an employee, an order is issued. It does not have a standard form.

The document reflects the following data:

• Reason for the transfer with reference to the article of the Labor Code of the Russian Federation;
• Graph type;
• Working hours and lunch breaks;
• The period of validity of the innovation;
• Departments (employees) to which the new regime applies;
• The procedure for calculating earnings;
• Payment methods.

Signatures are put by the head, chief accountant, personnel department specialist and employee.

If an incomplete schedule is set for an employee when applying for a job, this condition should be reflected in the order for admission.

Features of the incomplete schedule are shown in the table.

Payroll for part-time

In the conditions of an incomplete schedule, the salary is accrued taking into account the employment of the employee or the volume of tasks performed. The amount of compensation and incentive payments is reduced in proportion to the salary.

Example. Calculation of earnings for part-time work

From October 1, 2016, A.S. Vaskin, an employee of Vtorsyrye LLC, has a schedule: five days a week, 7 hours a day. With a regular schedule, he worked 40 hours a week. Vaskin took a vacation at his own expense for 2 days in October.

The previous and received data on accruals are reflected in the table.

In October, according to the usual schedule, there are 21 working days, respectively 168 hours (21 * 8). The employee worked 133 hours (19 * 7).

The fixed amount of the bonus is set based on the financial capabilities of the enterprise, and does not depend on the salary.

So, for October, Vaskin received a salary in the amount of 34,062.50 rubles.

If a citizen works part-time, then his earnings are calculated as follows:

Salary for an incomplete week = Salary / number of days on a full schedule * days worked.

The remaining surcharges are calculated from the amount of salary received.

The average earnings for accrual of vacation and compensation for unused, benefits from social insurance funds are determined in the traditional manner (with v. 139 of the Labor Code, Decree No. 922 of 12/24/2007, Decree No. 375 of 06/15/2007).

Translation features

The labor rights of part-time workers are equal to the rights of other workers. For example, they are also required to reduce the pre-holiday working day by 1 hour, and are provided with days off to care for a disabled child.

According to paragraph 14 of the Regulations, the length of service that forms additional leave for a person on a part-time schedule includes days worked in harmful conditions for at least 50% of the hours of the day of the standard schedule.

If the position of a person working on a part-time schedule refers to a vacancy with an irregular day, then he will be given additional leave when working part-time with a full day. With other incomplete schedules, a person cannot work in excess of the norm.

A mother (relative, guardian) caring for a child under 1.5 years of age may work part-time or at home. She still gets Social Security benefits Part 3 Art. 256 of the Labor Code of the Russian Federation). Sick leave is accrued and paid according to generally accepted rules.

Questions and answers about the transition to part-time work

Question number 1. Should an employee have a lunch break if he works 4 hours a day?

A part-time employee has the same rights as regular staff. He is entitled to a lunch break lasting from 0.5 to two hours, which does not apply to working time.

Question number 2. Do part-time workers have the right to be on a part-time schedule?

The full working day of a part-time worker is 4 hours. The law does not establish the minimum number of hours that a person must work in part-time work. The director may set an incomplete schedule for a part-time job when reorganizing the structure of production, changing its technical and technological components, or for other reasons, without violating the provisions of Art. 74 of the Labor Code of the Russian Federation.

Question number 3. A young man of seventeen works 35 hours a week. Is this regime considered incomplete for him?

For persons from 16 to 18 years of labor activity can not be more than 35 hours a week. For a young man, the time he works out has a normal duration. His schedule is not considered incomplete, but reduced.

Question #4. What about those who refused to work part-time?

The explanation contains Part 6 of Art. 74 of the Labor Code of the Russian Federation: workers are fired due to staff reduction ( paragraph 2 of Art. 81 of the Labor Code of the Russian Federation).

Question number 5. A part-time work week has been introduced in the organization due to the threat of large-scale layoffs. The six month period expires. When can a similar schedule be introduced again, but not for all, but for some employees?

You can enter an incomplete schedule again at any time, but 2 months must pass from the moment employees get acquainted with the corresponding order. In addition, the consent of the staff for the next transfer is required.

The reason for the introduction of an incomplete schedule can be indicated by referring to paragraph 1 of Art. 74 of the Labor Code of the Russian Federation. For example, the introduction of modern technology. It must have documentary evidence (waybills, contracts, invoices, memorandums of heads of structural units, etc.).

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