Reduction of working time. Shortened work week and part-time work - what you need to know

The transfer of employees to a part-time work week is a measure necessary to save the enterprise's funds. As a rule, it is relevant in times of financial crisis. With a lack of economic resources, the employer has two options for solving the problem: either a reduction in staff, or a reduction in the working week and a commensurate reduction in spending on salaries. The latter measure is the preferred one.

According to Convention No. 175 and Regulations of the State Labor Committee No. 111 / 8-51, a week is considered incomplete if the duration is less than 40 hours. Part-time transfer at the initiative of the employee and at the initiative of the employer are procedures that differ significantly from each other.

The transition to a new regime at the initiative of the workers

The employee has the right to ask the employer to reduce the working hours. To do this, you need to send an appropriate application to the director. The transition to a partial week can be done in three ways:

1. Reducing the length of each working day.
2. Reducing the number of shifts per week while maintaining the length of the working day.
3. A combination of these options.

In the application, the employee must indicate which particular mode reduction scheme is preferable for him. You also need to enter the following information:

• Preferred shift duration.
• The duration of the new regime.
• The date the schedule was introduced.

Article 93 of the Labor Code of the Russian Federation contains a list of employees to whom the employer cannot refuse to transfer for an incomplete week:

• Pregnant.
• Parents of a child under 14 years of age or under 18 years of age if he has a disability.
• A person who takes care of a relative who is seriously ill.
• Parents of a baby up to 1.5 years old.

If the employer refused to reduce the work of these categories of employees, they can challenge this decision in the judicial authority. After the manager has received the application, he must discuss the future work schedule with the employee. As a result of the agreement, an agreement is drawn up, which is attached to the employment contract. The agreement must be drawn up in two copies. Each of them is signed by the employee and the employer.

NOTE! There are no restrictions in the legislation regarding the reduction of the working week.

Part-time transfer at the initiative of the employer

An incomplete week can be introduced either when an employee is hired, or if there is already a specialist in the state. The introduction of the schedule in question is quite convenient for the employer. This is the preferred option for downsizing. When carrying out the procedure, it is required to be based on current regulations.

Part-time working week makes sense to enter in the following cases:

• New equipment was put into operation at the enterprise.
• Various developments, including those obtained as a result of scientific research, have been introduced.
• Reorganization carried out.
• The company has changed its profile.
• New methods of control and planning were introduced.
• Production management has changed.
• Jobs have been improved after certification.

IMPORTANT! Do not confuse the concepts of "reduced" and "Incomplete" weeks. Reduced working hours - 36 hours a week instead of 40 (24 for underage employees) - are provided for special working conditions or special categories of workers. And incomplete can be arbitrary and is established by agreement, both during employment and later.

When introducing a new schedule, the employer must coordinate his initiative with the trade union. To do this, it is necessary to draw up an appropriate draft order. The document contains the following information:

• Date of introduction of the new schedule.
• Mode form (reduction of hours or days).
• Employees for whom the schedule is entered.
• Reasons for innovation.

Within five days, the trade union is obliged to prepare a response in writing. The employer must listen to the opinion of the institution. However, he has the right to go against the trade union. But it must be provided that the employees of the trade union have the right to apply to the labor inspectorate or the judicial authority.

IMPORTANT! The part-time work week is introduced for a limited period. The maximum period is six months, which is established by part 5 of article 74 of the Labor Code of the Russian Federation.

When approving a new schedule, keep in mind the following rules:

• 2 months before the introduction of the new schedule, employees must receive appropriate notifications.
• Payment is made in proportion to working hours. That is, the company reduces the cost of paying salaries.
• Work on a reduced schedule is included in the length of service.
• Such work does not affect the duration of the vacation and the provision of other guarantees.

The transition to a part-time week - this, as a rule, means the appearance of another day off. These days will not be paid.

• The schedule of reduced working hours is not displayed in any way in the work book.
• Such employees receive sick leave, maternity, vacation and other payments in full, without reductions.
• It is not necessary to issue an order to change the staffing table.
• It is allowed to hire another employee on a part-time basis with the same part-time work schedule, or you can apply for a combination with another employee.

In addition, with a part-time work week, employees lose the right to a “short” day before a holiday or weekend.

What if employees don't want to?

Hired personnel have the right to disagree with the requirements of the employer. No one can force a person to work according to a different schedule if he does not want to. However, the legislation does not require the authorities to take into account the will and seek the consent of employees to introduce a part-time working week, but only to notify them in advance. What response options does an employee have who is categorically not satisfied with such a schedule?

1. Leave work of your own free will or by agreement of the parties.
2. Be fired due to a reduction in the number or staff (at the initiative of the employer).

The procedure for transferring to an incomplete week

Consider the procedure for establishing innovations at the initiative of an employee:

1. Receiving a statement from an employee.
2. Drawing up an order for an incomplete schedule.
3. Drawing up a supporting agreement with relevant information, which is attached to the employment contract.

The procedure for approving the schedule at the will of the employer:

1. Drafting an order.
2. Referral of the project to the union.
3. Employees are notified of schedule changes.
4. Issuance of the corresponding order.
5. Sending notice of schedule changes to the employment center.

Notification to the employment center must be sent within three days from the date of approval of the decision. If the employer does not do this, he is liable in the form of a fine. The manager will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. Changed data must also be sent to the statistical authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics authority by the 8th day of the month following the reporting quarter.

Features of drawing up an order for the approval of an incomplete week

When introducing an incomplete week, an order must be issued. It is compiled in free form, but it must necessarily reflect the following information:

• Reasons for innovation.
• Graph form.
• The length of the working day.
• Length of lunch break.
• Schedule expiration date.
• The composition of employees or departments for which a partial week is introduced.
• Features of the calculation of earnings.
• Forms of payment of funds.

The order must be signed by all key persons of the company: the head, the chief accountant, the manager of the personnel department, the employee in respect of whom the schedule is being introduced.

IMPORTANT! If the schedule is introduced in relation to a specialist who gets a job in a company, this must be recorded in the order for hiring an employee.

What can not be done with the introduction of a part-time work week?

The new schedule must comply with the law. The employer must keep in mind the following prohibitions:

• The introduction of an incomplete week for a period exceeding 6 months.
• Application of the schedule: rest for a week, work for a week.
• Introduction of a "floating" chart. A “floating” schedule means an unequal number of hours per week.

The employer is not recommended to contradict the opinion of the trade union. This can be done, but disagreements are fraught with a court or an audit by the labor inspectorate. The manager must keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.

Legislative innovations regarding part-time work

In 2017-2018, some changes were made to the laws regulating working hours, including part-time.

1. From June 26, 2017, it is possible to establish not only an incomplete shift or a part-time working week, but also to reduce the daily length of the working day (Article 93 of the Labor Code of the Russian Federation).
2. The law allowed the employer not to arrange lunch breaks if his staff works on a reduced schedule with working hours of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).

Individual activities, as well as circumstances in the enterprise, may require less time for employees to be present at the workplace. The establishment of a reduced working day is regulated by the Labor Code, and some categories of employees have the right to require the employer to introduce such a working regime without the possibility of refusing such a requirement.

The concept of part-time and reduced working time and its regulation

First of all, under the reduced working day in the modern business environment is meant the mode of work, respectively, with part-time work (NRW). At the same time, the legislation regulates two separate modes of operation:

• Reduced working hours;
• Part-time work.

The difference between such concepts lies in the fact that the establishment of a reduced working day is mandatory for certain categories of workers and at the same time it is the norm of working time for them. In particular, the reduced duration of work is applied on a mandatory basis for minors, disabled people, as well as people working in or in training. Such restrictions are regulated by the provisions of Art. 92 of the Labor Code of the Russian Federation.

Part-time work is a concept when the total time for the performance of labor duties by employees is less than the statutory standards. Legal regulation of such a regime of labor is provided by the provisions of Art. 93 of the Labor Code of the Russian Federation. At the same time, this mode of labor activity can be applied simultaneously with a reduced duration of work.

Example: a minor who works 1 hour a day for one working week fulfills his obligations under reduced working hours due to his belonging to a special category of workers, and according to NRT, since the total time of his work during the period is less than the norms established by law .

Important fact

When working on a reduced working time, wages cannot be set below the minimum if the working time is at the level of established standards. At the same time, NRT work provides for remuneration in accordance with the hours worked, days worked, or the amount of work performed. As a result, the total earnings of an employee may be below the legal minimum wage.

Types of part-time work

Part-time work differs from flexible work or irregular work hours in that employees maintain a strict schedule. There are three separate mechanisms for introducing part-time work:

• The introduction of an incomplete shift while maintaining the size of the working week;
• Introduction of a shorter working week while maintaining the duration of the shift;
• Establishment of a part-time work week while reducing the duration of the shift.

In this case, a reduction in the duration of a working shift can be introduced both for all shifts and for individual working days in a week.

The procedure for establishing a shortened working day

The NRT regime is established by agreement between the employee and the employer and can be included in the terms of an employment contract, or regulated by an already existing contract. Moreover, if employment provides for NRV, the employer, in the absence of the employee's consent to work in such a regime, may simply not conclude an employment contract. With already working employees, setting a reduced working day is permissible only if the employee agrees to such changes in the working hours.

At the same time, there are a number of situations in which the initiative to establish such a labor schedule can be one-sided.

So, some categories of employees who may need more free time may require the employer to set them a part-time work week or a shorter working day. These persons include:

• Guardians, guardians and parents of a child under the age of 14, or a disabled child under the age of 18;
• Persons who are forced to care for a sick relative.

Also, the employer is obliged to satisfy the requirements of employees for their entry to work in the NRT mode, if they are in. At the same time, such employees retain state social insurance benefits.

The employer himself can set the NRT regime for the entire staff or individual employees if a threat looms over the organization. In such a situation, he is obliged to notify employees of changes in the work schedule no earlier than two months before changing such a schedule. If employees refuse to work under the new conditions, the employer has the right to dismiss them due to a reduction in staff, with the payment of all due benefits and within the time limits specified by law. In this case, the employer must notify the trade union body without fail.

Important fact

In addition to the trade union, the employer must also notify the employment center of all cases of establishing an NRV for employees. The absence of such notification may lead to administrative liability and the payment of a fine by officials, as well as directly by the legal entity-entrepreneur.

Separate nuances of working on a reduced schedule

When an employee works in NRT mode, any work that the employer requires or asks to perform beyond the established schedule is considered overtime and is subject to additional payment, regardless of whether the total weekly or monthly total amount of work is included in the statutory standards.

Problem

The employer proposed to cut, shorten the working day (respectively, wages), whoever is against, can be reduced.

They take everyone to work in the darkness cockroaches on a service bus. Now it discriminates against those who decide to downsize. Refuses to carry those who decided to cut down. Have to walk on your own. Is it legal?

Solution

Hello!

The employer wants to transfer you to part-time work, which is provided by law in Article 74 of the Labor Code of the Russian Federation:

In the event that the reasons specified in part one of Article 74 of the Labor Code of the Russian Federation may lead to the mass dismissal of workers, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of the Labor Code of the Russian Federation, to adopt local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

In this case, part-time work involves remuneration for proportionally worked time, Article 93 of the Labor Code of the Russian Federation.

The employer, introducing the part-time work regime, must not forget to notify the employment service about this.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article 81 of the Labor Code of the Russian Federation:

You know, if you do not agree to work on a part-time basis, which means that you will be fired under clause 2 of article 81 of the Labor Code of the Russian Federation to reduce the number or staff, then I recommend this Statement:

STATEMENT

for consent to early dismissal in accordance with Article 180 of the Labor Code of the Russian Federation

I, full name, work in "……." (indicate the name of the employer’s organization and its organizational and legal form of ownership (LLC, IP, OJSC, etc.) in the position “………..” from “___” _______________ 20__ to the present.

________________ (date) I was issued notification No. ___ in accordance with Article 74 of the Labor Code of the Russian Federation on the introduction of a part-time (shift) and (or) part-time working week, which can be introduced for up to six months.

I refuse to continue working part-time (shift) and (or) part-time working week, in this regard, I agree (a) in accordance with Article 180 of the Labor Code of the Russian Federation for early dismissal of me under paragraph 2 of Article 81 of the Labor Code of the Russian Federation, those. fire me for downsizing or staffing __________________ (date).

On the day of dismissal (the last working day of Article 84.1 of the Labor Code of the Russian Federation), I ask you to pay me:

1. Severance pay - in the amount of the average monthly salary, Article 178 of the Labor Code of the Russian Federation;
2. Compensation for unused vacation, article 127 of the Labor Code of the Russian Federation, in accordance with the Rules on regular and additional vacations approved by the NCT of the USSR on April 30, 1930 No. 169 and the protocol of Rostrud of June 19, 2014 No. 2;
3. Salary for the period worked on the day of dismissal;
4. Additional compensation in the amount of the average salary of the employee, calculated in proportion to the time remaining before the expiration of the term for the notice of dismissal, Article 180 of the Labor Code of the Russian Federation, from _____________________ to _________________________.
5. All accrued, but not paid amounts for wages and other payments, by the day of dismissal.

And also, I retain the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by me for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.

I ask you to consider my application and provide me with a decision on it within the time limits established by local regulations (hereinafter, LNA), which determine the procedure for passing and reviewing documents in the organization.

If the employer does not have this LNA, I ask you to consider my application within a reasonable time, but taking into account the deadlines specified in the Labor Code of the Russian Federation, taking into account Article 62 of the Labor Code of the Russian Federation - no later than three working days, or Article 64 of the Labor Code of the Russian Federation - no later than than within seven working days from the date of submission or receipt of this application.

You can apply in the following ways (your choice):

Through the secretariat, the personnel (personnel) department of the organization, so that on the second copy you are given the incoming number and the mark of the official on the acceptance of this application;

By registered mail with registered acknowledgment of receipt and description of the attachment;

Through a courier service;

From the mail (we are talking about the post office, main post office) by fax or e-mail (if there is an official e-mail address).

The duration of the working week in a number of situations can be determined by the parties to the employment contract independently, but at the same time, the law regulates the maximum limits of working time, which must not be exceeded. For information on how to correctly calculate the duration of the working week in a particular case, read our article.

Normal working week

The working week in the Russian Federation cannot last more than 40 hours (see paragraph 2 of article 91 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ). This rule is relevant for any work regime, including both 5- and 6-day working weeks.

In the 1st case, the duration of the working day should be a maximum of 8 hours. In the 2nd, since the Labor Code of the Russian Federation does not regulate the duration of the working day with a six-day period, its duration is entered individually by each employer, taking into account:

• the maximum allowable duration of daily labor (see article 94 of the Labor Code of the Russian Federation);
• the need to limit the duration of working time to 5 hours per day on the eve of the day off (paragraph 3 of article 95 of the Labor Code of the Russian Federation).

On the basis of this parameter (duration of the working week), in the future, working time norms can also be calculated for other accounting periods (see clause 1 of the Procedure for calculating the working time norm ... ”, approved by order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n).

At the same time, for certain groups of workers, the employer must / has the right to provide for reduced or part-time work.

Also, the duration of night shifts should be reduced by 1 hour (paragraph 2 of article 96 of the Labor Code of the Russian Federation).

Shortened work week

This mode of labor organization provides that the employee actually has to work less than the normal duration of the working week, the number of hours for the same period of time.

The list of persons to whom such a working week should be introduced is regulated by Art. 92 of the Labor Code of the Russian Federation. These include persons:

• Under 16 years of age. They are supposed to work a maximum of 24 hours a week.
• Over 16 years old, but under the age of majority. Their working week should not exceed 35 hours.
• Those with a disability of I or II group. Their work activity should remain within 35 hours per week.
• Working conditions in workplaces which have been duly identified as harmful or dangerous. These persons are supposed to introduce a working week of up to 36 hours (see also paragraph 7 of the named article).

This list is not exhaustive and may be supplemented by federal legislation.

Thus, the working week of teaching staff has been reduced to 36 hours (paragraph 1, article 333 of the Labor Code of the Russian Federation).

Another category is healthcare workers. As a standard, their working week can reach 39 hours (paragraph 1 of article 350 of the Labor Code of the Russian Federation). But Decree of the Government of the Russian Federation of February 14, 2003 No. 101 regulates the list of specialties of medical workers, types of medical institutions and characteristics of working conditions, when the duration of work is limited to a greater extent.

Women working in rural areas or in the Far North should be introduced a working week lasting a maximum of 36 hours (paragraph 1, clause 13 of the resolution of the plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1).

There are other cases when the reduction of the working day is mandatory, related to the characteristics of the employee or the labor process.

Features of payment for a shortened working week

Such a workweek for the persons listed in the previous section will be considered full and paid as a standard 40-hour, subject to certain exceptions.

The law enforcer explains: for underage workers, the amount of remuneration is directly dependent on the de facto hours worked or the volume of work performed and is determined in proportion to these indicators. Although the employer may, on its own initiative, make additional payments to such employees, including up to the wage limits of persons working full-time (paragraph 3, clause 12 of resolution No. 1).

Payment for hours worked outside the regulated duration of reduced working hours is carried out according to the rules of remuneration for overtime work (see the decision of the Murmansk Regional Court dated November 12, 2014 in case No. 33-3576-2014, paragraphs 2-3, paragraph 13 of resolution No. 1).

Duration of the working week with part-time work

In general, the working day of a person working part-time cannot last more than 4 hours. The total number of hours worked by a part-time worker for a certain accounting period should not exceed 50% of the regulated working time for a specific category of workers (paragraph 1 of article 284 of the Labor Code of the Russian Federation).

Accordingly, if a 40-hour working week is established for a person at his main place of work, then the working week for him, already working as a part-time worker, should not exceed 20 hours.

Another example is medical workers of health organizations living and working in rural areas and urban-type settlements. They are allowed to be involved in part-time work for no more than 39 hours a week (see Decree of the Government of the Russian Federation of November 12, 2002 No. 813, adopted in pursuance of paragraph 2 of article 350 of the Labor Code of the Russian Federation).

Part-time work week: differences from the reduced

In certain cases, an employee may be introduced a part-time work week (Article 93 of the Labor Code of the Russian Federation), which must be distinguished from a shortened one.

So, in the 1st case, remuneration for work is calculated in proportion to the time worked out in fact. Reduced working time for certain groups of workers is considered full, although in terms of the volume of working hours both per day and per week it differs from the standard one downwards.

The 2nd difference is associated with different ways of establishing such labor regimes:

• reduced working time is introduced for a specific group of workers (see article 92 of the Labor Code of the Russian Federation);
• incomplete can be appointed both by mutual decision of the parties to the employment contract, and at the initiative of the worker himself.

A part-time work week should be introduced for such persons who have applied with this request to the employer, as:

• pregnant employees;
• 1 parent of a child under the age of 14;
• 1 parent of a minor child with a disability;
• persons caring for a member of their family in connection with the illness of the latter in accordance with the conclusion issued by the medical organization.

The organization of such a working regime is carried out on the basis of the application of the listed persons and is the responsibility of the employer (paragraph 3, clause 13 of resolution No. 1).

At the same time, the entry in the work book does not contain a note that the employee is working part-time (see clause 3 of the regulation “On the procedure and conditions for the employment of women with children and working part-time”, approved by the resolution of the USSR State Labor Committee, secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111 / 8-51).

Accounting for hours worked

Accounting for time actually worked by employees is a duty, not a right, of the employer, although they often neglect this requirement of the Labor Code of the Russian Federation (paragraph 4 of article 91 of the Labor Code of the Russian Federation).

For the indicated purposes, a special form of the time sheet is used (see form T-12, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1).

In addition to its main purpose, such a report card can be used as one of the main evidence submitted by the parties in a litigation under labor law (see the decision of the Yuzhno-Kurilsky District Court of the Sakhalin Region dated April 19, 2016 in case No. 2-73 / 2016).

In addition to such written evidence, the following may also be taken into account:

• witness statements confirming the actual presence/absence of the employee during the contested period of time;
• labor contract;
• other facts (for example, parallel work for another employer, etc.).

In addition, not always the mentioned report card can be characterized as reliable evidence. For example, often such time sheets were drawn up retroactively after instructions based on the results of an audit, etc. (for example, the decision of the Troitsk City Court of the Chelyabinsk Region dated March 23, 2015 in case No. 2-244 / 2015).

Responsibility of the employer for violation of the requirements of the Labor Code of the Russian Federation

An employee who believes that his rights have been infringed by the employer due to non-compliance with the regulated labor regime may apply to the court for recovery from the latter:

• Unpaid monetary reward.
• Interest for delayed wages (Article 236 of the Labor Code of the Russian Federation). The obligation to pay such compensation rests with the employer, regardless of his fault (for example, the decision of the Perm Regional Court dated March 12, 2014 in case No. 33-2160/2014).
• Compensation for moral damage. At the same time, the fact of causing moral harm to an employee whose rights were violated by the employer is presumed in accordance with Art. 237 of the Labor Code of the Russian Federation. Compensation for moral damage is not associated with the amount of property damage indicated for compensation (paragraph 63 of the resolution of the plenum of the Supreme Court of the Russian Federation “On the application by the courts ...” dated March 17, 2004 No. 2).

In addition, paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ on liability in the form:

• warning or an administrative fine in the amount of 1,000 to 5,000 rubles. - for officials;
• a fine from 1,000 to 5,000 rubles. - for persons engaged in entrepreneurship without forming a legal entity;
• a fine from 30,000 to 50,000 rubles. - for legal entities.

Repeated prosecution of this kind of responsibility for committing a similar offense is fraught with the imposition of even greater fines, as well as the possible disqualification of the relevant official (see paragraph 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Let's summarize. Maximum limit of normal working week length equals 40 hours.

Some categories of workers should be introduced a shorter working week. Otherwise, all time outside the statutory limits of the working day must be paid as overtime. Also in this case, the employee has the right to compensation for non-pecuniary damage from the employer.

By agreement between the employee and the employer, the first may be agreed on a part-time work week, although the law defines groups of workers to whom the employer is not entitled to refuse to establish a part-time work week.

A shortened working day is a special form of employment in which an employee has the opportunity to work part-time, that is, a shorter amount of time than is assumed by labor legislation. In this case, the subject's salary will be calculated on the basis of the full salary, even if the schedule is reduced. Thus, the definition of a shortened working day is not provided for in the Labor Code of the Russian Federation. This concept is given in the International Labor Convention No. 175 of 06/24/1994. At the same time, the Russian Federation did not ratify this legal act. However, the provisions of the convention are considered by Russian employers as recommended for use.

Definition of a shortened working day

Different types of labor time are regulated by the following articles of the labor code:

• standard schedule, eight-hour shift - art. 91 of the Labor Code of the Russian Federation;
• reduced hours of work - art. 92 of the Labor Code of the Russian Federation;
• - Art. 93 of the Labor Code of the Russian Federation;
• truncated work shift on pre-holiday days - art. 95 of the Labor Code of the Russian Federation;
• overtime hours - art. 97 of the Labor Code of the Russian Federation.

At the same time, it is important to understand the differences between part-time and reduced working hours, which are limited to certain categories of employees. Based on Art. 93 of the Labor Code of the Russian Federation, by agreement of both parties to the employment contract, the working day can be cut. The code also provides for several options for organizing work activities in a reduced time mode:

1. Reducing working hours every day of the week.
2. Reducing the number of working days, while maintaining the same duration of the work shift.
3. Reducing the number of hours for the performance of official duties by a certain percentage (which one is determined by the employer), as well as reducing the number of working days per week.

Reduced amount of working time on the basis of Art. 92 of the Labor Code of the Russian Federation for certain groups of citizens is the norm.

Differences between shortened working hours and part-time shifts

For employees of the accounting department or the personnel department, there is a significant difference between the concepts. Thus, a reduced working day is such a frequency of work, in accordance with which the salary is fixed in full, but the number of working hours is reduced.

It is impossible to reduce the level of wages with officially reduced working hours, since such an action is illegal.

In the case of part-time work, pay is based on the standard work schedule, but pay is based on hours actually worked. So, in case of part-time work, the employee is not entitled to expect to receive a salary in full.

Categories of employees who are granted a reduced working day

Based on Art. 92 of the Labor Code of the Russian Federation, groups of persons for whom a shortened day is the norm, such as:

• the working hours of minor employees who are under 16 years old are reduced to 24 hours a week;
• for persons from 16 to 18 years old, a limit of 35 hours per week is set;
• disabled people of groups 1 and 2 have the right to work a maximum of 35 hours a week;
• employees performing their duties in hazardous and/or hazardous conditions work a maximum of 36 hours per week.

Harmful conditions, according to the results of an expert assessment, should be rated at 3 or 4 degrees.

Also, on the basis of Art. 93 of the Labor Code of the Russian Federation, an employer can provide temporary part-time work to such subordinates:

• women who are expecting a baby;
• one of the parents (or guardian/curator) who takes care of a child under 14 years of age;
• a person who takes care of a disabled minor;
• a person caring for a seriously ill relative under a medical prescription.

The part-time work mode is fixed for a specific period (determined by the employer by agreement with the subordinate), while the reduced work mode (based on Article 92 of the Labor Code of the Russian Federation) is permanent.

Shortened working hours for pregnant women

In fact, a part-time job is issued for pregnant women, the regime of which will be canceled when the woman returns from the decree to the standard performance of her labor duties. In addition, a pregnant employee will not be paid in full, as is the case for part-time work, but will be based on hours actually worked, in accordance with the definition of part-time work.

However, in practice, such labor activity continues to be called “reduced”, which is not correct. Labor legislation protects expectant mothers on the basis of Art. 93 of the Labor Code of the Russian Federation (on part-time work shift).

The same applies to the reduced working hours for women with children under 14 years of age. This category of workers is assigned an incomplete work schedule in accordance with Art. 93 of the Labor Code of the Russian Federation. Payment will be made based on actual hours worked.

Shortened day for minors, education and medicine workers

Considering the features of the conditions of reduced labor activity, it is advisable to consider, in addition to Art. 92, Art. 94 of the Labor Code of the Russian Federation. It determines the immediate duration of the work shift. Thus, the following provisions can be distinguished:

• for minor citizens from 15 to 16 years old - 5 hours a day;
• for persons from 16 to 18 years old - 7 hours;
• for subjects from 14 to 16 years old who are currently receiving education in technical schools or colleges, and combine it with work throughout the year - 2.5 hours;
• for persons combining study and work, from 16 to 18 years old - 4 hours.

In addition to citizens under the age of 18, special working conditions are expected for teachers and doctors.

Such labor circumstances for persons associated with pedagogical activity are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. So, for this category, a provision is fixed, on the basis of which the number of working hours per week should not exceed 36. When determining the specific number of hours, the specialty and position of the subject are taken into account. In particular, a shortened week is expected for:

1. Teachers and professors of universities and institutions involved in providing the population with additional education.
2. Senior educators of children's educational organizations, orphanages, as well as institutions involved in additional education of the younger population.
3. Social educators and psychologists of educational institutions, counselors of children's camps.
4. Methodists and tutors (scientific supervisors or mentors).
5. Managers of institutions involved in the physical education of the child population.
6. Teachers providing pre-conscription training.

For persons employed in the implementation of medical activities, the length of the working day is determined in GD No. 101 of 14.02.2003. The frequency of one work shift depends on the group of the employee. The resolution provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on the place of work and position.

Shortened day for workers working in hazardous conditions

Based on the Federal Law No. 426 of December 28, 2013. working conditions are recognized as harmful based on an expert assessment of the factors of the working environment. In particular, the influence of such factors on the labor force is investigated.

Based on Art. 14 of the Federal Law No. 426, the working conditions are divided into 4 classes. Thus, those conditions are recognized as acceptable, in which production factors do not have or have little effect on the health of personnel. Harmful conditions imply a significant impact on the health of subjects, which can later develop into a chronic disease.

Thus, a shortened day for such employees is provided for in the amount of 36 working hours per week.

The procedure for issuing a shortened working day

Reduced working time implies a shorter period than required by law for the performance of labor duties. The main difference from part-time work is that a reduced shift is the norm for these groups of workers. It is understood that the presence of a reduced working day is established in the process of concluding an employment agreement and is formalized in a special clause. The basis for this is that the subject has the necessary category and Art. 92 of the Labor Code of the Russian Federation.

It is also necessary to indicate for which of the reasons listed in the article the reduced working time is provided. For example, the age of an employee (up to 18 years) can be noted or the harmfulness of working conditions can be determined.

In addition to the employment contract directly with the employee, it is recommended to include an appropriate provision on the stipulated reduced day for some positions (relevant to a particular enterprise) in the collective agreement.

Upon agreement with the employer, the reduced working week is fixed in the contract. Next, an appropriate order for admission to the position is drawn up. It reflects:

• Company name;
• date of issue of the document;
• passport details of the employee, as well as his position and the department in which he will perform his duties;
• grounds for reduced working hours;
• the frequency of weekends and breaks, as well as the duration of one working day;
• the procedure for calculating and paying wages;
• the presence or absence of a probationary period;
• data on the employment contract between the employer and the subordinate;
• signatures of the parties;
• a note about the acquaintance of the employee with the order, his personal signature proving this.

The procedure for payments for the performance of labor duties on shortened working days

Groups of entities for which such a schedule is standard are entitled to claim the full amount of wages despite the lower number of hours worked provided for by the general schedule.

A separate category is employees who are under 18 years of age. When calculating the salary for the specified group of persons, the reduced time is taken into account. That is, the final payments to a minor subject will be made in proportion to the worked schedule, regardless of age. However, the employer has the right to supplement payments to minor employees using the company's personal funds for this.

Also a nuance of this issue is the wages of disabled people. Based on Art. 23 of the Federal Law No. 181 “On the Social Protection of the Disabled in the Russian Federation” dated November 24, 1995, for citizens with increased needs of groups 1 and 2, a restriction is established - the number of hours devoted to work should be no more than 35 per week. Salary is kept in full. However, if an employee with a specified disability actually works less than 35 hours per week, his wages will be calculated based on hours worked.

Thus, a shortened working day under the Labor Code of the Russian Federation can be provided to certain groups of employees. In addition, wages are retained in full, in contrast to part-time work. In order to avoid making mistakes, the employer needs to clearly distinguish between the understanding of these two phenomena, as well as be informed about the legislative framework, which details specific categories of workers eligible for a reduced shift.