New law on incomplete working day. Is it necessary to reduce child care allowance if the employee worked on the terms of an incomplete working day in the settlement period

In the conditions of permanent crisis and economic sanctions on the part of Western countries, many enterprises in Russia have economic difficulties. This leads to a decrease in sales, increased costs, the absence of "cheap money", etc. In the event that other measures do not help, the management has the right to translate employees topart-time working day according to Article 93 of the Labor Code of the Russian Federation. In this article, we will consider what is indicating this term, as it is introduced and how it works according to the legislation of Russia.

What denotes this term

In Russia, the acting TC provides for the traditional working week consisting of five days with two weekends on Saturday and Sunday. The standard duration of a classic labor day for ordinary people is eight hours a day (with a lunch break, nine hours) or hours a week. In the event that the employee works more than 40 hours, then it is paid for the reworking of the agreed amount. Some companies may operate a 6-day working week, which is necessarily stipulated by employment.

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

Consider that the legislation of Russia determines how working time. This time in which a person performs labor obligations under the terms of the employment contract or regulatory acts. In case the company does not need the classic eight-hour execution of labor duties by an employee, it can be translated on an incomplete day or a week depending on the current situation.

So, part-time business is how many hours? In essence, the "incomplete" is considered a day in which the worker worked less than 8 hours, and an incomplete week is less than 5 days, provided that the work is carried out according to traditional schedule.

Attention:night shift can last less than 8 hours, but it is considered a full. The restriction at eight hours is available only during the daytime during the classic mode of operation.

Note that the duration of the working day regulates both the Labor Code and internal regulatory acts. In order to arrange part-time, it is necessary to release a new order or act, limiting the working day to certain values. At the same time, the calculation of wages is made either by spent hours or to develop each employee.

How the standard is established

Consider how to translate employees for part-time. Such a transition can be performed both by order of the Company's owner 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 manager - this is a violation of labor discipline, so you must turn to your direct supervisor to your direct supervisor and coordinate all the questions that have arisen. Moreover, the transition to this form of cooperation is possible in the design of the new workplace, and in the future, if there is a need and is possible in the transition.

It is noteworthy that the law does not give accurate wording about how long the time must be trimmed to become incomplete (actually, as well as a week). In essence, it may be a few hours a day or a limited week. Moreover, this restriction can be administered as on a permanent basis and temporarily, to a certain period or order. If a temporary decision is taken, it is necessary to indicate in the order. For example, until 05/30/2018 or to a special order of the company's management. We also recommend that it is strictly indicated by 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:employees working in this mode do not fall under the standard for reducing the duration of the working day before the holidays. They are obliged to work out due time in any situation.

Particular employment does not provide restrictions on rights

Implementation by order of owner

Let's wonderhow to arrange part-time on the initiative of the employer. First, for this there must be some reason, for example, a complex economic situation. Secondly, the employer must notify the staff that the transition to a new mode of operation is minimum in two months, and this applies to both the entry into the limited period and exit from it.

If the company changes the conditions of cooperation, offering new ones, but the employee does not agree to the translation, the labor or collective agreement is broken and the dismissal procedure occurs. The worker pays the day off allowance and are calculated for the time spent time on the day of dismissal.

It should be known that the translation is possible only when specific orders approved by order and regulatory acts are made in organizing labor and production. That is, the owner can translate all the enterprise or its certain divisions to part-time, but not one employee. This is done as follows:

1. The head makes it up and signs that certain changes are made in organizational issues on labor.
2. Employees relating to changes are notified of the translation to a new regime 2 months before its introduction. The notification is advisable to do individually, under the painting. If there are many employees, paintings are collecting masters or chiefs of units.
3. The disposal to the personnel department is transmitted, according to which the employees need to be told about changed changes. They must agree with changes under the signature (collect personnel staff). If someone does not want to go to a new order, with him tear the employment contract.
4. Employees who translate must compile a written application, indicating that they are not against the changes. This is not a mandatory point, but we recommend to do it to protect yourself from possible lawsuits and disagreements. Employees have the right to change their opinion both in positive and negative side before the introduction of changes.
5. Before the company proceeds to a new mode of operation, the head signs an order in which new working conditions are indicated. Accordingly, with reference to this order, regulatory acts, instructions and employment contracts are changing.

Attention:employees who did not want to go to the new regime are dismissed before the transition to the general reasons with the payment of debt and compensation.

Incomplete day introduced by order by enterprise

Implementation by the decision of the employee

Consider how to translate an employee for part-time on his application. The following categories of citizens can take advantage of such a norm:

1. Women who are on mid-extreme pregnancy in the presence of documents and recommendations.
2. Women who have a child under fourteen years, as well as a child with special needs. Also, the restriction is also possible in the event that the child is under guardianship.
3. People who care for a sick relative in the presence of confirmation documents.
4. Fathers and mother of loners, as well as those who raise children with a long stay of a second parent in a medical institution.
5. People on maternity leave.
6. People with disabilities. At the same time, it does not matter to which personality group of disability.

Note:the norm of restriction of working hours by default is valid for part-in. They can not work more than half of working time (4 hours a day, 20 per month).

Employees who do not fall into the above categories have the right to turn to the employer and ask him about the transition to half the working day. If the latter has no complaints, the employee is transferred to a new schedule. The limitation period is regulated by the agreements between the two parties. It should be understood that the head of the company when handling can be used to allow such an initiative, and to prohibit it, while the people listed on the list above, he is obliged to translate partially.

In order to initiate the process, the employee accounts for the application and transmits it to the direct supervisor or the head of the company. If the second party does not have objections, the internal order is drawn up, which indicates a new mode of operation -n.foal working day at the initiative of the employee is provided for by Article Tk of the Russian Federation,

In contact with

An employee wants to work only before lunch. But not forever, but for 2 weeks. Is it possible? If so, how to make it right? And does such changes be issued, because the term is quite small?

This is possible. According to the norms of Article 93 of the Labor Code of the Russian Federation:

« By agreement Parties to the employment contract to the employee as when receiving work and subsequently, part-time (part-time work (shift) and (or) part-time work week, including the division of the working day on the part). Part-time working time can be installed both without limitation and to any parties agreed by the parties.

Employer is obliged to establish incomplete working time at the request of a pregnant woman, one of the parents (guardian, trustee), having a child under the age of fourteen (a child-disabled child under eighteen years old), as well as persons who care for a sick family member in accordance with medical The conclusion issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. In this case, incomplete working time is established on a user-friendly termbut not more than for the period of the presence of circumstances that were the basis for the obligatory establishment of part-time time, and the time of working time and rest time, including the duration of daily work (shifts), the start and end time, the time of breaks in the work is established in accordance with wishes of the employee, taking into account the conditions of production (work) in this employer.

When working under conditions of incomplete working hours, the employee's remuneration is made in proportion to the time spent or depending on the volume of work performed by them.

Work on part time conditions does not entail any restrictions on the duration of the annual main paid vacation, the calculation of labor experience and other labor rights. "

In practice, usually an employee who wants to work incomplete working time, writes a statement about the temporary establishment of an incomplete working day. In a statement, it indicates how many hours it plans to work daily, the desired schedule of work, the term, the duration of the incomplete working day (in your case - 2 weeks, with such a number).

Due to the fact that during the transition to incomplete working hours there is a change in the conditions of the employment contract (even if it is temporary, for just 2 weeks), it is necessary to conclude an agreement on the change in the conditions of the employment contract (an additional agreement for the employment contract), where to specify the temporary establishment of incomplete The working day for the employee, all its details, other conditions (if any).

After that, make an order to temporarily establish an incomplete working day for an employee.

An important detail!

If an employee plans to work until lunch and a break for recreation and nutrition, she does not need it, it is important to arrange it correctly. According to Part 1 of Art. 108 of the Labor Code of the Russian Federation "During the working day (shift), the employee must be given a break for recreation and nutrition to a duration of no more than two hours and at least 30 minutes, which is not included during working hours. Internal labor regulations or employment contract It may be provided that this break may not be provided. employee, if the duration set for him daily work (shift) does not exceed four hours».

Recent Editor's date: 09/07/2018

The book is designed for the most part beginners in personnel office work, but will be very useful and experienced professionals with experience leading personnel work in organizations and entrepreneurs. In the first volume, it is described in detail about the design of various personnel documents, on the reception of workers to work, translations to another work and other changes in the conditions of the employment contract (by agreement of the parties and on the initiative of the employer), movements of workers to another workplace, on removal from work, instruction An employee of additional work in order to combine positions (occupations), expanding the areas of service, increasing the scope of work, the fulfillment of the responsibilities of the temporarily absent employee concerns the protection of the commercial secrecy of the employer and personal data of workers.

It is necessary to distinguish between the common concepts of "abbreviated" and "part-time work", according to the Labor Code of the Russian Federation. If, in the case of a decrease in the duration of labor, it is an employer plans to preserve the health of employees by applying gentle conditions, then in the second case, the initiative comes from one of the participants in the contract. This circumstance is necessarily documented during the signing of the contract upon admission to work and is observed during labor relations.

Incompleteness

The labor time is incomplete, the period of which is less than the regulatory and legislatively fixed - 8-Michas working day at a 5-year working week in the amount of 40 hours. The establishment of incomplete working time takes place on special conditions of activity mentioned in the working contract, and this amendment is entered into a staffing schedule.

This labor regime may be related to working days and weeks distributed in equal shares regarding each settlement period.

These conditions should not entail any consequences for the employee: neither in determining the average wage or in establishing the next vacation, or social compensation. That is, there is a significant difference between employees who have a different duration of the working day, it does not occur, even if they are accepted part-time or work as a result of translating from another unit. Moreover, each of them has the right to apply for incomplete working hours, if special circumstances occur.

In accordance with Article 93 of the Labor Code of the Russian Federation, it is customary to distinguish between three types of incomplete working time:

• working day or shift - the number of hours on every day (or shift) is equally;
• an incomplete week is only a reduction in the number of working days in all week, with the preservation of the installed 8-Michas working time;
• combined mode - incomplete working hours every day and a week: reduced number of working hours and days. Example: four work days per week, duration of 4 hours.

All listed incomplete working time can be applied to any employee, in the presence of due circumstances and, taking into account the specifics of his work.

Installed labor regimes

Regarding the Labor Code, the transition to incomplete working time occurs after the employee is provided by the employee of the required documents and the exit of the order signed by the head of the institution.

The warranty obligations of the employer and all benefits for the employee must be preserved in full, which he should not forget and confidently declare his rights. In the Labor Code of the Russian Federation Part 3 of Article 93 states that the time actually spent the time is included in the overall insurance experience, as full, and every weekend, as well as holidays, and vacation, are provided to him without exception and on ordinary grounds.

Also, incomplete working time mode is entered for the whole organization, on the initiative of the director or employees.

Here part-time time is calculated for each regular unit. It is advisable when business suffers losses and is worth choosing - to reduce staff or reduce the duration of all working time.

It is very important to adhere to the legislative rules under the initiative of the introduction of such a regime by the administration, for the successful implementation of this measure and to avoid difficulties in the future.

An order of incomplete working time

The exit of the order is preceded by the preparation of an additional agreement for a new part of working hours to an existing labor contract with a specific employee. Its foundation is a personal statement of the employee signed by the head and attached to the Agreement.

The agreement indicates:

• the duration of the working day (or shift);
• the exact time of the start of work;
• end time.

Flexible (or "sliding") schedule is fixed according to the results of the last accounting period - year, month, etc. they are reflected in the regulations on fixing the summed spent time (Tabel, etc.).

An order to establish incomplete working time must include the following data:

• name of company;
• location of the organization;
• the date of the order of the order;
• mention of the relevant legislation;
• list of base documents (statement, additional agreement);
• number and date of the additional agreement;
• signatures of the head and employee;
• printing an organization.

In any budget institution, an order to establish incomplete working time is consistent, first of all, with the head of the trade union and with the chief accountant. Massively, this mode is declared when there are such conditions that can provoke a series of dismissal.

The introduction of an incomplete working time regime is governed by Article 74 of the Labor Code, according to which it can continue until 6 months to pursue the goal of preserving previous jobs in the institution.

Cancellation of incomplete working time is on the basis of the new order of the employer, by bringing to the attention of all employees. An important condition is the consent of each employee with the modified mode to it.

Who claims to establish an incomplete working day

It has the right to apply for incomplete working time (Article 93 of the TC) such groups of workers as:

• parent (guardian or trustee) of a child (children) up to 14 years old, or a child's disabled child under 18;
• concerned about a sick relative, having a medical conclusion in his hands;
• women employees during pregnancy.

It should be noted that the work on the terms of incomplete working time leaves the employee the right to pay the socialosobi from the state. Moreover, this may be not only a mother, but also any other relative, making care for the child (children), custody or guardianship (Article 256 of the Labor Code of the Russian Federation). Which is also entitled to part-time.

I must say, the right to the regime of incomplete working time is preserved for every employee all its labor activity and can be documented not only at the time of admission to work, but also at any other time, with the application of confirmation documents (certificate of pregnancy, the doctor's conclusion and etc.).

All differences between the labor regime of a particular employee, from the standards adopted in the organization, should be listed in the employment contract (Article 57 of the TC). Just as changes in mode are listed in an additional contractual agreement for incomplete working time concluded in writing (Article 72 of the TC).

Warry payment at incomplete working time

The payment of salary, when moving to the incomplete working time mode, is reduced, in proportion to the defendants or the spent period. This fact does not depend on the payment system adopted in this institution. But the total salary for the employee can not achieve the minimum salary size, because, according to the law, the state of the minimum wage is the development of the labor time rate per month.

When calculating payments, the employee is absolutely not significant even the fact if the incomplete working time mode was installed for it in the middle of the settlement period. Enter these conditions the employer may, if not at the insistence of an employee, then in the presence of emergency factors.

To pay for a hospital sheet, maternity benefits for children, other, travel expenses and regular vacations, earnings are also taken into account on average, without restrictions on the transition for incomplete working time. For attracting activities outside the watches defined for an employee by order of the head, this is paid in the order of payment of overtime (Art. 99 and Art. 152 TC). Like work on weekends, with an existing part-time week (Article 113 and 153 of the TC).

Rights working for incomplete working time

In order to avoid possible misunderstandings and litigation, employees should be aware of their rights related to the concept of "incomplete working time", as well as correctly interpret the provisions of the TC. For example, in such cases, when the head of the introduction of new rules for the employee (or several persons) is the leader, employees are warned in advance - no later than 2 calendar months.

An employee may be opposed to its activities a part-time work time was introduced.

Then the employer is obliged at once, as soon as possible, to propose a different position that meets his professional skills and health status by issuing a proposal in writing. With its absence, a vacant subordination position with a smaller wage is offered.

If those in this institution is not, then the employment contract, in disagreement of the employee, proceed at part-time time, is terminated, due to paragraph 7 of Part 1 of Article 77 of the TC. The fact that suitable vacancies are missing and this entails the termination of cooperation, the employee is also notified in writing.

All benefits, compensation, guarantees for an employee turning on part-time (week) are preserved in full. This is provided for by modern legislation and violation is not subject to.

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Care vacation for a child up to 1.5 years

I am on vacation care for the child up to 1.5 years. And I work on an incomplete working day. Can I take without the content of 5 workers shifts. For the trip. And how to arrange.

Catherine 22.11.2018 20:32

Hello! According to Art. 128 of the Labor Code of Family Circumstances and other valid reasons to the employee for his written statement may be given leave without salary salary, the duration of which is determined by agreement between the employee and the employer. The employer is obliged on the basis of a written statement of the employee to provide a vacation without salary salary: participants in the Great Patriotic War - up to 35 calendar days a year; working pensioners in old age (by age) - up to 14 calendar days a year; parents and wives (husbands) of military personnel, employees of internal affairs bodies, federal fire services, customs authorities, employees of institutions and bodies of the penitentiary system who died or deceased due to injury, contusion or injury obtained in the performance of the responsibilities of military service (service) or due to the disease associated with the passage of military service (service) - up to 14 calendar days a year; working disabled - up to 60 calendar days a year; employees in cases of birth of a child, marriage registration, the death of close relatives - up to five calendar days; In other cases, provided for by this Code, other federal laws or by a collective agreement.

Yurev Vitaly Anatolyevich23.11.2018 11:17

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Fully agree with the colleague.

Mulikov Maxim 24.11.2018 12:00

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Part-time working hours, operation mode

according to the rules of the internal regulations, the mode of operation from 8 to 14.30, the worker wants to work not full working hours by 0.5 bets from 14.00 to 17. 00. Is it possible? If time goes beyond.

Alena 11/14/2018 06:56.

Good day! According to Art. 93 of the Labor Code of the Russian Federation by agreement of the parties to the employment contract to the employee, both when taking a job, and subsequently an incomplete working time may be established (part-time work (shift) and (or) part-time work week, including the division of the working day on the part). Incomplete working hours can be installed both without limiting the term and for any term agreed by the parties. If the employer does not agree with the terms, it may not set this mode of operation. We invite you to the office for advice, where our specialists will answer all the questions in more detail. For a discount of 50 percent for a consultation - Prom Crood - "MIP".

Pastukhov Sergey Stanislavovich14.11.2018 11:08

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Fully agree with your colleague.

Fedorova Lyubov Petrovna15.11.2018 13:13

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Part-time

Hello. I go to work from maternity leave and I will have to study for 3 months. How can I take advantage of my right to part-time or incomplete slave? Thank you

Natalia 19.07.2018 23:34

Good day! According to Art. 93 of the Labor Code of the Russian Federation by agreement of the parties to the employment contract to the employee, both when taking a job, and subsequently an incomplete working time may be established (part-time work (shift) and (or) part-time work week, including the division of the working day on the part). Incomplete working hours can be installed both without limiting the term and for any term agreed by the parties.The employer is obliged to establish an incomplete working time at the request of a pregnant woman, one of the parents (guardian, trustee), which has a child under the age of fourteen (a disabled child under eighteen), as well as persons carrying out the care of a family member in accordance With a medical conclusion, issued by the rational, established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, incomplete working time is installed on a term convenient for the employee, but not more than for the period of the presence of circumstances that were the basis for the obligatory establishment of part-time working hours, and the time of working time and rest time, including the duration of daily work (shift), start and end time Work, time of breaks in the work, is established in accordance with the wishes of the employee, taking into account the conditions of production (work) in this employer.When working under conditions of incomplete working hours, the employee's remuneration is made in proportion to the time spent or depending on the volume of work performed by them. Work on part-time conditions does not entail for workers any restrictions on the duration of the annual main paid leave, the calculus of labor experience and other labor rights.

Nazarova Evgenia Viktorovna17.09.2018 13:54

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For a more disclosed answer, contact our company.

18.09.2018 12:12

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Part-time

Hello! I make a custody of the incapacitated relative (grandmother). He was recognized as a citizen diagnosed dementia. Do I have the right to part-time?

Oleg 13.12.2017 00:20

Hello Oleg! You have the right to an incomplete working, according to Art. 93 of the Labor Code of the Russian Federation, if you care for a patient face, in accordance with the medical conclusion in the form, according to the order of the Ministry of Health and Social Development of the Russian Federation No. 441n.

Fedorova Lyubov Petrovna13.12.2017 12:42

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If for some reason the employee wants to work in an incomplete working time, this right is enshrined in Article 93 of the TC, the manager cannot refuse him.

What it is

An incomplete working time is the time interval established from the mutual consent of the employee and the manager, which will be less long than the working time of the abbreviated or conventional type.

It can be expressed in format:

In addition, a variant is possible with a simultaneous decrease in the number of daily working hours and days a week. At the same time, the legislation does not establish the maximum or minimum temporary indicator, which must work out the employee.

If a citizen works in this type of graphics, the labor payment is made at the rate of time or the amount of work performed.

It is worth noting that incomplete working time and abbreviated labor weekdays are not the same. The second option is used when taking the work of certain categories of citizens, for example, a disabled or a minor.

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

Art. 93 TK RF: Part-time work with comments in 2019 indicates that with the mutual consent of each part of the employment contract, a part-time schedule can be set.

This can be done, both at the conclusion of the contract and at any convenient moment. The duration of the action of this type of graph may be, both not limited and is established for any period agreed between the parties.

In addition, the head does not have the right to refuse to translated at part time:

• pregnant women;
• a citizen, on the content of which is a child under 14 years old;
• man caring for a child with disabilities under 18;
• citizens caring for a sick relative. The fact of the disease must be confirmed by medical conclusion.

This working schedule is established for the period required by the worker himself, but it should not exceed the period of the presence of circumstances that have served as a reason for compulsory transfers for incomplete working time.

At the same time, the working day mode is established by the wish of the employee himself, given the conditions for working in particular production. If necessary, let's allow return to the full working time.

The payment of labor is calculated by the format of the time spent or in terms of the work done. Such a moment may be provided for in the contract or in a statement that regulates the transition by part-time.

Work on defective graphics does not affect the holiday of an annual nature, experience, as well as on various options for labor type.

Comment

In fact, in the 93 article, the right of a number of categories of citizens at part time is enshrined, which allows you to move to a lightweight version of work. It is worth considering that the reduction and incomplete working time are similar, but this is not the same.

An incomplete working time is enshrined for various categories of citizens, including pregnant women and persons, on the provision of children or disabled, as well as people who need care.

If necessary, write a statement to the manual for incomplete working hours, can any employee, if the moment is included in the list set in 93 article, then it is impossible to refuse it.

This refers to already employed citizens who require a special schedule and reduced time load.

When admission to work, taking into account part-time work, all moments are prescribed in the contract. Incomplete time itself can be expressed both in an incomplete week, and in an incomplete day, that is, hours of operation will be reduced in daily form.

Most often, one-time employees are provided with two options: work at certain hours or the required amount of work. Most enterprises use the second option.

Features for maternity leave

At the legislative level, women in the decree are allowed to work part-time. This requires:

• write an application in the name of the employer with an indication of the request for an incomplete rate;
• make up and familiarize an employee under signature with an additional agreement to the employment contract, in which the exact number of working hours will be spelled out;
• create an order to return to the work of the employee on the decoet, on a chart of incomplete working time.

If at the time of work on the incomplete working time before the child execution of three years, the woman decided to return to maternity leave, then this requires a corresponding application for the employer's name, which is not entitled to refuse.

Also, the law allows a woman immediately after graduation from maternity leave to take another vacation, laid for time spent before decree. Its design is made according to the application.

Remuneration of decontrums is made according to general rules related to all citizens working as an incomplete rate. At the same time, payments to the child should be accrued in full.

Each employee can work on an incomplete rate. This desire can be expressed as at the time of the conclusion of the contract, so after time and recorded in an additional agreement. Payment of labor should be carried out in proportion to the contract specified under the terms.

New edition of Art. 93 TK RF

By agreement of the parties to the employment contract, an employee, both when taking work, may be established by part-time (part-time work (shift) and (or) part-time working week, including the division of the working day on the part). Incomplete working hours can be installed both without limiting the term and for any term agreed by the parties.

The employer is obliged to establish an incomplete working time at the request of a pregnant woman, one of the parents (guardian, trustee), which has a child under the age of fourteen (a disabled child under eighteen), as well as persons carrying out the care of a family member in accordance With a medical conclusion issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. At the same time, incomplete working time is installed on a term convenient for the employee, but not more than for the period of the presence of circumstances that were the basis for the obligatory establishment of part-time working hours, and the time of working time and rest time, including the duration of daily work (shift), start and end time Work, time of breaks in the work, is established in accordance with the wishes of the employee, taking into account the conditions of production (work) in this employer.

When working under conditions of incomplete working hours, the employee's remuneration is made in proportion to the time spent or depending on the volume of work performed by them.

Work on part-time conditions does not entail for workers any restrictions on the duration of the annual main paid leave, the calculus of labor experience and other labor rights.

Commentary on Article 93 TK RF

Incomplete working time is always less than normal or abbreviated working time. The term "incomplete working time" itself covers both an incomplete working week and part-time work. This type of working time is established by agreement between the employee and the employer as when receiving work and subsequently. In addition, the employer (including an individual) is obliged to establish a part-time or incomplete working week at the request of a pregnant woman, one of the parents (guardian, trustee), which has a child under 14 years old (a child-disabled child under 18 ), as well as persons carrying out the care of a sick family member in accordance with the medical conclusion (paragraph 1 of Art. 93 of the Labor Code of the Russian Federation).

In many ways, the operating time on the conditions of incomplete working time is regulated by the allied acts of law (in a part that does not contradict the Labor Code of the Russian Federation) and, in particular, the Regulations on the procedure and conditions for the application of women who have children and working part-time "from 29 April 1980. N 111/8-51. It has been established that when applying for a part-time work, a record of this in the employment book is not made (paragraph 3 of the provisions).

Incomplete can be both a working day and a working week. And no minimum of the maximum in the current legislation is established. According to the Regulation on the procedure and conditions for the application of labor of women who have children and working part-time, incomplete working time was established, as a rule, at least 4 hours and not more than 20, 24 hours at the five-, six-day working week.

In case of incomplete working day, the employee works less hours than is established by the schedule or schedule at this enterprise for this category of employees, for example, instead of eight hours four.

With an incomplete work week, the number of working days against a five-day or six-day week is reduced.

Part-time hours may consist simultaneously in reducing the working day and the working week.

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

Part-time hours can be established by agreement of the parties as without limitation of the term and for any convenient for the workers mentioned in Article 93 of the Labor Code of the Russian Federation, the term: for example, for the period of the school year of the school year, for the period before reaching it for 10 years, etc. . (p. 4 positions).

An incomplete working time can be established not only at the request of the employee and in its interest, but also at the initiative of the employer. Thus, the transition on a part-time condition is possible due to changes in the organizational or technical working conditions, taking into account the opinion of the elected trade union body of this organization for a period of no more than six months. In cases where the incomplete working time mode is introduced at the enterprise for all or individual workers at the initiative of the administration, the following rules must be followed:

1) As follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any significant conditions of the employment contract can be changed, except for labor function, i.e. provided for by the employment contract (specialty) of the employee, and the circle of their duties carried out;

2) The employer must notify the workers about the introduction of changes in writing no later than two months before their introduction (for employers - individuals have been established a different period - at least 14 calendar days (Article 306 of the Labor Code of the Russian Federation)).

Since the notification form, legislation does not establish, therefore, it may be arbitrary. The main thing is that the text allows you to establish what the employee has been notified and when. The notification should be a personal signature of the employee;

3) With the disagreement of the employee to work in the new conditions, the employer is obliged to offer him a different work available in the organization, which will correspond to his qualifications and health status. In the absence of such work, the employee must be offered a vacant subordination position or the following job (also appropriate qualifications of the employee and the state of its health).

In case of disagreement with new working conditions, employees have the right to terminate the employment contract (contract) on the grounds provided for by paragraph 7 of Article 77 of the Labor Code of the Russian Federation (the employee's refusal from continuing to work in connection with the change in the significance of working conditions) The employment contract is terminated with the provision of the employee of the relevant Guarantees and compensation. Moreover, to declare your disagreement and to quit on this basis, the employee is entitled only until the introduction of an incomplete working time (for this, a 2-month-month warning rule is established). If the employee has changed its decision after the introduction of this regime, it can only quit only at his own request.

Cancellation of the regime of incomplete working time is carried out by the employer, taking into account the opinion of the representative body of employees of the organization. In accordance with Article 93 of the Labor Code of the Russian Federation, work on the terms of incomplete working time does not entail any restrictions on the duration of the annual leave, the calculation of labor experience and other labor rights.

Work on part time conditions does not entail a decrease in the duration of annual and educational leave, the time of work is counted in labor experience as full time; Prizes for the work performed are charged on the general basis; Weekends and holidays are provided in accordance with the labor legislation. However, payment with incomplete working time is made in proportion to spent time or depending on the production. Part-time working time is one of the essential conditions of the employment contract.

Another comment to Art. 93 Labor Code of the Russian Federation

1. Incomplete working time is a working time defined by the agreement between the employee and the employer, the duration of which is less than the normal time set by this employer. In the event that the employee in accordance with the legislation (Art. 92 of the Labor Code of the Russian Federation) has the right to shrieve working hours, the working time of a lower duration will be considered incomplete compared to the relevant standard of reduced working time.

2. Incomplete working time can act as an incomplete working week or as part-time (shift). With an incomplete working day (shift), the duration of daily work is reduced, but the working week remains five-day or six-day. The incomplete working week is a decrease in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time or incomplete working week can be installed both when taking to work and subsequently.

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

4. The use of incomplete working time leads, as a rule, to an increase in production efficiency and allows you to increase the employment of the population by using one workplace with two employees with part-time work, the formation of the second shift with the composition of workers working part-time, etc.

5. The initiator of incomplete working time is the worker. In cases established by law, incomplete working hours can be administered on the initiative of the employer. On the procedure for introducing part-time working time on the initiative of the employer, see Part 5 of Art. 74 TK RF and comment on it.

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