Eligible for part-time work. Is it necessary to reduce the childcare allowance if during the billing period the employee worked on a part-time basis

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

Part-time work reduces the number of hours worked per day 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).

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

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

2. The law does not limit the circle of persons for whom it is allowed to work on a part-time basis. 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 of the Russian Federation.

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

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

An employer's refusal to grant 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 basis or part-time work week 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 leave and study leave; working time is counted in the length of service as full working time; weekends and holidays are provided in accordance with labor laws.

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

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

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of this organization for 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. In the payroll, the indicated employees are taken into account for each calendar day as whole units, including non-working days of the week, due to the hiring.

Persons who worked part-time in accordance with the employment contract or transferred with the written consent of the employee to part-time work, when determining the average number of employees, are taken into account in proportion to the hours worked (see Instructions on filling out the federal statistical observation form No. 1-T "Information on the number and wages of workers ", approved by the Decree of Rosstat dated October 13, 2008 N 258 // Questions of statistics. 2009. N 1).

In the context of a permanent crisis and economic sanctions from Western countries, many enterprises in Russia are experiencing economic difficulties. This leads to a decrease in sales, increased costs, lack of "cheap money", etc. If other measures do not help, the management has the right to transfer employees to part-time work in accordance with article 93 of the Labor Code of the Russian Federation. In this article, we will consider what this term means, how it is introduced and how it works according to Russian legislation.

What does this term mean

In Russia, the current Labor Code provides for a traditional working week consisting of five days with two days off on Saturday and Sunday. The standard length of a classic working day for ordinary people is eight hours a day (with a lunch break, this is nine hours) or hours a week. If an employee works more than 40 hours, then he is paid an additional agreed amount for processing. In some companies, a 6-day working week may be in effect, which must be stipulated during employment.

Part-time work is introduced both at the initiative of the employer and at the request of the employee

Consider what Russian legislation defines as working hours. This is the time at which a person fulfills labor obligations in accordance with the terms of the employment contract or regulations. If the company does not need the classic eight-hour performance of labor duties by an employee, then it can be transferred to a part-time day or a week, depending on the current situation.

So, how many hours is part-time working? In fact, “incomplete” is considered a day in which an employee has worked less than 8 hours, and an incomplete week - less than 5 days, provided that the work is carried out according to the traditional schedule.

Attention:the night shift can last less than 8 hours, but is considered complete. The eight o'clock limit is only available during daylight hours in classic mode.

Note that the length of the working day is regulated by both the labor code and internal regulations. In order to formalize part-time employment, it is necessary to issue a new order or act, limiting the working day to certain values. In this case, the calculation of wages is done either according to the hours worked, or according to the production of each employee.

How is the standard set

Consider how to transfer employees to part-time work. Such a transition can be carried out both by order of the owner of the company and at the request of the employee, provided that this issue has been agreed with the employer. Of course, the employee himself cannot just go to a limited day without warning his supervisor - this is a violation of labor discipline, therefore, the first action you should take is to contact your immediate supervisor and agree on all the questions that have arisen. Moreover, the transition to this form of cooperation is possible both when applying for a new workplace, and in the future, if the need arises and there is an opportunity for the transition.

It is noteworthy that the law does not give precise formulations about how much time should be cut in order for the day to become incomplete (in fact, like the week). Basically, it can be a few hours a day or a limited week. Moreover, this restriction can be introduced both on a permanent basis and temporarily, until a certain period or order. If a temporary decision is made, this must be indicated in the order. For example, until 05/30/2018 or until further notice from the company's management. We also recommend that you strictly indicate the number of working hours in the order, as well as the number of working days, so that there are no disputes or misunderstandings.

Attention:workers working in this mode do not fall under the standard for reducing the length of the working day before the holidays. They are obliged to work out the allotted time in any situation.

Part-time employment does not imply restrictions on rights

Implementation by order of the owner

Let's take a look how to arrange part-time work at the initiative of the employer. First, there must be some reason for this, for example, a difficult economic situation. Secondly, the employer must notify the staff that the transition to a new mode of work is carried out at least two months, and this applies to both entering and exiting a limited period.

If the company changes the terms of cooperation, offering new ones, but the employee does not agree to the transfer, then the labor or collective agreement is terminated and the dismissal procedure takes place. The worker is paid the severance pay due to him and calculated for the time already worked on the day of dismissal.

You should know that the transfer is possible only when specific orders are introduced into the organization of labor and production, approved by the order and regulations. That is, the owner can transfer to part-time employment of the entire enterprise or its certain divisions, but not one employee. This is done as follows:

1. The head draws up and signs an order stating that certain changes are made to organizational labor issues.
2. Employees who are affected by the change are notified of the transfer to the new regime 2 months before its implementation. It is advisable to make the notification individually, against signature. If there are a lot of employees, then the murals are collected by masters or heads of departments.
3. An order is sent to the personnel department, according to which employees need to be told about the introduced changes. They must agree to the changes by signing (collected by the personnel department). If someone does not want to move to the new order, the employment contract is terminated with him.
4. Employees who are being transferred must write a written statement indicating that they are not opposed to the change. This is not a mandatory step, but we recommend that you do it to protect yourself from possible claims and disagreements. Employees have the right to change their minds both positively and negatively before the introduction of changes.
5. Before the enterprise switches to a new operating mode, the manager signs an order specifying the new working conditions. Accordingly, with reference to this order, regulations, instructions and employment contracts are changed.

Attention:employees who did not want to switch to the new regime are dismissed before the transition on a general basis with payment of arrears and compensation.

An incomplete day is introduced by an order for the enterprise

Implementation by decision of the employee

Consider how to transfer an employee to a part-time job at his request. This rule can be used by the following categories of citizens:

1. Women who are in the middle to extreme stages of pregnancy with documents and recommendations.
2. Women who have a child under the age of fourteen, as well as a child with special needs. The restriction is also possible if the child is under guardianship.
3. People who are caring for a sick relative with supporting documents.
4. Single fathers and mothers, as well as those who raise children during a long stay of the second parent in a medical institution.
5. People on parental leave.
6. People with disabilities. It does not matter which disability group the person belongs to.

Note:the norm on limiting working hours by default applies to part-time workers. They can work no more than half of their working time (4 hours a day, 20 a month).

Employees who do not fall into the above categories have the right to contact the employer and ask him to switch to half a working day. If the latter has no complaints, then the employee is transferred to a new schedule. The term of the limitation is governed by the agreements between the two parties. It should be understood that the head of the company, when contacting, can either allow such an initiative or prohibit it, while he is obliged to transfer the people indicated in the list above on a part-time basis.

In order to initiate the process, the employee draws up a statement and submits it to the immediate supervisor or head of the company. If the second party has no objections, then an internal order is drawn up, which indicates a new mode of operation -n part-time work at the initiative of the employee is provided for by the article of the Labor Code of the Russian Federation,

In contact with

Working hours are regulated by the Russian Labor Code. Part-time work is described in article 93 as a reduction in working time, paid in proportion to the number of hours worked, shifts. Partial work is provided in the application form.

Shifting to part-time work

With a request to switch to work on a shorter schedule, each employee has the right to contact the employer. Mandatory approval is possible if the employee belongs to the privileged category of persons. The employer has the right to prohibit the rest of the work under the shortened mode if it is not profitable for him.

The employer is obliged to accept the application and agree (or refuse) the work schedule for the shortened version.

• future mothers;
• parent, guardian, curator of a child up to 14 years old and a disabled child up to 18 years old;
• a person caring for a sick family member, the state of the disease is confirmed by a medical opinion.

The beneficiary can work on a shortened schedule as long as required due to the circumstances that have arisen. The daily routine is adjusted taking into account the needs of the employee and production characteristics.

The earnings of a transferred part-time worker will be less. The accrual is carried out taking into account the time worked (produced per change of production).

The shortened schedule can be set both for an unlimited time and for a strictly defined period. The conditions are reflected in the employment contract.

Those who work on a shorter schedule are given annual leave of at least 28 days. Work experience is not sequestered. The procedure for establishing part-time working hours is regulated by article 93 of the Labor Code of the Russian Federation "Part-time working hours".

What can be a part-time job

Additional Information

Part-time work is a form of employment in which the length of the employee's working time is shorter than specified by law. By agreement between the applicant and the employer when hiring, and also subsequently, a shortened day can be fixed (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”. But the Convention of the International Labor Organization (June 24, 1994) No. 175 designates this term as labor time, the duration of which is less than the normal length of the working day. It is important to know that this document has not been ratified by Russia. But there were undertaken obligations to consider its provisions for approval by Russian trade unions and employers' associations.

The employee must apply for a job or go to work on a part-time basis. At the same time, he has the right to choose any suitable option:

• part-time: 4, 5, or 6 hours, not 8.
• part-time work, for example, working eight hours a day, but three days a week instead of five;
• mode of shorter days and weeks: work 6 hours a day, three days a week instead of five.

In addition to the groups of persons listed in the article of the Code who are entitled to part-time work in accordance with the Labor Code of the Russian Federation, those on parental leave and part-time postgraduate students can work on a part of the rate.

For persons who do not belong to any of the privileged categories, a shortened work schedule is also allowed.

How part-time work affects wages and vacations

By switching to shorter working hours, the employee loses earnings. According to Art. 93 of the Labor Code of the Russian Federation, wages in such cases are made based on the time worked out or the volume of products produced.

The number of days of annual leave is not affected by the partial work schedule. Vacation pay is calculated according to the general rule based on the average daily earnings.

By multiplying the number of days off by the average salary per day, the amount of vacation pay is calculated. To calculate the average daily earnings, an annual period and only labor payments are taken. Disability benefits, various social benefits are not taken into account.

Working in a reduced working day mode, the employee enjoys the same labor rights as the rest of the employees. There should be no infringement of the rights and guarantees of such an employee. But you need to understand that wages, and therefore all payments (sick leave, vacation pay, BIR benefits), calculated according to the average daily earnings, will be less.

Does the employer have the right to force to work part-time

The normal working time fixed by labor legislation is 40 hours a week when working for 8 hours with two days off. Working time is the time allotted to an employee to fulfill the labor norm, plan, task. When normal working hours decrease, earnings also decrease.

Curious facts

Part-time work should not be confused with the shortened one, which is mentioned in article 93 of the Labor Code and which is established for certain categories of persons. For example, for citizens under 16 years of age, disabled people, students, workers employed in hazardous areas of production, etc. For such workers, a reduced duration of working hours is considered a complete norm. Detailed information regarding workers' rights or working conditions is provided in the Labor Code with comments. If necessary, you can contact him.

Such a schedule is not satisfactory in cases of voluntary transition. Problems can arise when part-time work is introduced at the initiative of the employer, and such a routine is most often unprofitable for the worker.

By law, the employer has the right to introduce a part-time work week for up to 6 months. If the employee does not agree with such a change in the work schedule (in this case, he loses in payment), the employee is dismissed under Part 2 of Art. 81 of the Labor Code of the Russian Federation. In this case, the dismissed person is paid compensation.

How to get a part-time job

Before applying for a part-time employee, if such an application has been received, the employer must establish whether the applicant belongs to the preferential category of workers or not.

If the employee does not belong to the privileged category, you should:

1. Determine the amount of work available, the expected production objectives and other factors in order to decide whether it is possible to satisfy the applicant's request. If the nature of the work permits, the employer has the right to give permission.
2. If an employee is just getting a job, the employment contract indicates under what mode he will work (by 1/2, 3/4 of the rate, etc.) and what amount of remuneration will be established for him.
3. If an already working employee asks for a change in the operating mode, information about the transition to the new operating mode is entered in a separate document, by agreement of the parties. The size of the full salary for this position and the amount of remuneration when working part-time, a quarter of the rate, etc. must be indicated. If necessary - the period for which an additional agreement for part-time work is concluded. A sample of drawing up an additional agreement is not regulated by the Labor Code of the Russian Federation. The agreement is drawn up in any form, but it is obligatory in writing (Article 72 of the Labor Code of the Russian Federation).

Accordingly, the calculation of salaries, taxes, disability benefits will be carried out in proportion to the established rate.

If the employee belongs to one of the categories specified in Art. 93 of the Labor Code of the Russian Federation, the head is obliged to provide the required work schedule unconditionally.

Further registration for work takes place in the usual manner.

It must be remembered that a part-time worker is subject to all labor rights and guarantees provided for by law: sick leave, regular leave, etc.

Quite often, the employee himself is the initiator of the change in the work schedule. But sometimes it happens that, for a number of reasons, the previous clauses of the employment contract cannot be preserved. Then it is possible to change them by the decision of the head.

In this case, the organization should inform its employees in advance about the impending changes and the reasons that led to this. The employer informs the employees that they will be transferred to a part-time job (Labor Code of the Russian Federation, Art. 74) no later than two months in advance.

Reimbursement to an employee of income lost through the fault of the employer

The Labor Code obliges the employer to compensate the employee for the loss of income if there are such cases as:

• illegal dismissal, suspension from work, transfer to another place;
• failure to comply with the decisions of the court or the labor inspectorate, which restored the violated rights of the employee;
• failure to issue labor on time or making an incorrect entry in it about the reasons for dismissal.

In these cases, the employer is obliged to reimburse the employee for the wages he did not receive.

Part-time work is described in the video

First pension for part of the month

How the first pension for an incomplete month is calculated, if it is assigned, for example, from the 10th. The amount of the pension is calculated by the formula:

A = B x (N - 10): N, where

A - the amount of pension for an incomplete month
B - the prescribed amount of pension
N is the number of days of the month, 30 or 31.

In such cases, the employees of the territorial FIU determine the payment in proportion to the days of accrual. Consequently, only part of the pension is due for less than a month.

To get a comment from a lawyer - ask questions below

• In what cases is it allowed to set part-time working hours?
• What documents do you need to complete?
• What is the difference between part-time and shortened working hours?

Boris Berkhin, auditor, Alexandra Chausova, auditor,]]> www.prostonalogi.ru]]>

Part-time work

The establishment of part-time work may be necessary not only for the merchant himself to maintain the business or expand it, when a change in production frees up part of the staff. Incomplete work can be requested by employees for a variety of reasons. A merchant may well meet them halfway, it is necessary to draw up only a few documents.

First, let's figure out which is which. The fact is that the concepts of "reduced working time" and "part-time work" are confused, because both mean a decrease in working time. However, these terms have different meanings.

A worker is considered the time during which an employee performs his job duties (Article 91 of the Labor Code of the Russian Federation). Normal working hours for a regular employee cannot exceed 40 hours per week. For certain categories of workers, the code establishes reduced working hours. For such “exceptional” employees, the reduced rate is considered normal. These are disabled people of I or II groups, minor employees, persons employed in work with harmful or dangerous conditions (Article 92 of the Labor Code of the Russian Federation). That is, reduced working time is the norm (less than 40 hours), established by law for certain categories of workers.

Part-time work is a reduced working time. For persons with normal working hours, the 40-hour week is reduced to a limit set by the general decision of the employee and employer. For persons with reduced working hours, the working hours are reduced based on the legally established norm. At the same time, if the merchant is obliged to set a shortened time for the employee, then the incomplete time depends entirely on the will of the parties. We have summarized the main differences between part-time and reduced working hours in Table 1.

Table 1. Main differences between part-time and shortened working hours

General grounds for part-time work are defined in article 93 of the Labor Code. Part-time work is introduced by agreement between the employee and the employer. Moreover, the initiator can be both a businessman and the employee himself. Part-time work or part-time work week can be established both upon hiring and subsequently by agreement between the employee and the employer.

There are three options for part-time work. The first is part-time (shift). In this case, the work schedule for each day is determined. For example, with a five-day work week, employees work 8 hours a day from 9.00 to 18.00. The merchant reduces the number of hours per day and sets the length of the working day to five hours from 10.00 to 15.00, while the length of the week, - 5 days, remains the same. The second option is a part-time work week. Here the length of the working day is kept, but the number of working days is reduced. Suppose instead of a five-day week, we introduce a three-day working week with an eight-hour working day. The third option implies a mixture of the first two, that is, the introduction of part-time work with a part-time work week.

Employee initiative

When an employee contacts, a merchant may, and in some cases is obliged to establish a part-time or part-time working week for a subordinate. The employer is obliged to provide the opportunity to work part-time (weekly) at the request of a pregnant woman, one of the parents (guardians, trustees) who has a child under the age of 14 (if the child is disabled, then under 18), to a person caring for a sick member families according to the medical report. In other cases, the merchant has the right to refuse the employee's request to establish a part-time working day.

Now let's deal with documenting the employee's initiative. The subordinate must write an application for the opportunity to work part-time (part-time). It indicates for what period, how many hours a day or how many days a week he would like to work. The businessman concludes with the employee an additional agreement to the employment contract on changing working conditions. The agreement prescribes the duration of the working day (week), the payment procedure (in proportion to the hours worked or depending on the amount of work performed) and the term (any by agreement of the parties) for the additional agreement. At the end of the period specified by the parties, the employee automatically starts working full time. If a specific period is not specified, then the end of the part-time work period is established by agreement of the parties on the basis of the employee's application or at the suggestion of the employer. By the way, when the parties do not set a specific expiration date for the agreement, the document can contain the procedure for its termination and the transition of the employee to normal work. On the basis of an additional agreement, the merchant issues an order establishing an individual regime. In connection with the establishment of part-time working hours, no entries in the work book need to be made.

Consequences for the employee

The establishment of part-time work does not affect the duration and procedure for granting an employee an annual paid leave, sick leave payment (including maternity leave) and the calculation of seniority. All labor rights of an employee established by the code are preserved (Article 93 of the Labor Code of the Russian Federation). But the salary for part-time work will decrease. Remuneration for labor is made in proportion to the time worked or depending on the volume of work performed by agreement between the employer and the employee.

When a part-time working regime is established, the size of wages is reduced regardless of the remuneration system (official salary, tariff rate, etc.). This is indicated in the letter of Rostrud dated June 8, 2007 No. 1619-6. That is, there is no need to change the salary system, to make adjustments to the staffing table.

Example

The employee was hired with a salary of 20,000 rubles. with a 40 hour work week. From September 1, 2009, the employee is transferred to part-time work - a 25-hour work week for 5 hours a day. Payment is made in proportion to the hours worked. This means that for a fully worked (incomplete) time, the employee is entitled to a salary of 12,500 rubles. (20,000 rubles / 40 hours 5 25 hours).
Suppose a subordinate took 4 days at his own expense in September. In September - 22 working days, worked out 18 (22 - 4), which means the salary will be 10,227.27 rubles. (12 500 rubles / 22 days 5 18 days).

Employer's initiative

The introduction of a part-time regime on the initiative of the employer is permissible only in the case provided for in article 74 of the Labor Code. Namely, if there are changes in the organizational or technological working conditions, and these reasons may lead to mass dismissal of workers. For example, a new technique is being introduced, the production technology is changing, respectively, in order to carry out the work, it will be necessary to reduce the staff (mass layoffs) or reduce the operating mode. Of course, all these processes must be documented. The financial situation, although it may lead to the massive dismissal of subordinates, is not a reason for a merchant to establish part-time work for his subordinates. Another case is when the economic situation pushed a businessman to introduce other technologies, change the production process, use and maintain equipment. In this case, the introduction of an incomplete regime is quite possible.

What is a mass layoff of employees? Article 82 of the Labor Code refers to sectoral and territorial agreements, which should spell out the criteria for mass layoffs. For example, in construction and production of building materials, this is considered to be a reduction in staff by 10 percent of the total number, in the field of consumer services - 5 percent.

So, to save jobs, a businessman can introduce a part-time (part-time) working regime. To do this, you need to draw up a corresponding order on the introduction of part-time work. There is no special form for this, the order is drawn up in any form. The period for which the reduction of the regime on the initiative of the employer is allowed is strictly limited - it cannot exceed 6 months.

The merchant is obliged to notify the employees of the forthcoming changes in the terms of the employment contract. In addition, the reasons for the need for changes should be reported (table 2). This is done in writing no later than two months before the expected start of the application of part-time work. This can be done by informing the employee (against signature) with the order to introduce part-time work or by using a separate notification. The second option is preferable - the employee will receive a document containing all the necessary information, thereby the merchant will fulfill his duty to inform the employee about the upcoming changes. Moreover, it is better to have a subordinate's decision in writing. Note: the consent of the employee in this case is not required, you just need to get a signature that the employee is familiar with the upcoming changes. But the refusal must be in writing.

Table 2. Information to be indicated in the employee's notification on the introduction of part-time work

An employee has the right not to agree to part-time work. In this case, the individual entrepreneur must, in writing, offer the subordinate another job that the merchant has that the employee can perform, taking into account his state of health, including a lower position or lower-paid work (Article 74 of the Labor Code of the Russian Federation). An individual entrepreneur is obliged to offer available vacancies in other localities, if it is provided for by a collective agreement, agreements, labor contract. If the merchant has no vacancies or the employee refuses offers, the employment contract with him is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code - the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties.

When establishing the mode of part-time work (shift) or part-time work week, the merchant is obliged to inform the employment service about this within three working days after the decision to introduce part-time work is made (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1, as amended by Federal Law No. 287-FZ dated December 25, 2008). There are no forms for this, the message is written in any form.

For organizations, there is another requirement - to coordinate the introduction of the regime with representatives of the primary trade union organization (Article 372 of the Labor Code of the Russian Federation). But the merchant does not have one, so no approval is required. And the last thing an entrepreneur must do is to draw up additional agreements to labor contracts on changing the condition that sets the length of working hours.