Part-time Labor Code. Benefits and compensation
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By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
Comments on Art. 93 of the Labor Code of the Russian Federation
1. The term "part-time" covers both part-time and part-time work.
Part-time work reduces the number of hours of work 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 hours).
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).
2. As a general rule, part-time work is established by agreement of the parties to an employment contract for a specified period or without specifying a period and is fixed in the employment contract or in an annex to it. In this case, an entry in the work book for the specified regime is not made.
Part-time jobs are also part-time. However, the duration of their work is not established by agreement of the parties, but by the employer and cannot exceed 4 hours a day and 16 hours a week (Article 284 of the Labor Code of the Russian Federation).
3. Part-time work may be established for any employee at his request and with the consent of the employer. However, in some cases, such a regime must be established by the employer without fail: 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.
Securing the right to the mandatory establishment of a part-time regime for only one of the parents who have a child under the age of 14 (a disabled child under 18) means that if the need for such a regime arises for the second parent, he must resolve this issue in general order, i.e. by agreement with the employer.
Equally, in a general manner, the issue of part-time work and other family members caring for a sick family member in accordance with a medical report should be resolved, if one of the family members has already exercised, with their consent, the right to such a regime in preferential treatment.
In addition to the one named in Part 1 of Art. 93 of the Labor Code of the Russian Federation for the categories of workers, 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 Federal Law " On social protection of disabled people in the Russian Federation ").
The employer's refusal to satisfy the employee's request in these cases may be appealed by him to the labor dispute resolution authorities.
4. Part-time workers have the same labor rights as full-time workers. Thus, persons working part-time are entitled to full annual and educational leave; working time is counted in the length of service as full working time; weekends and holidays are provided in accordance with labor laws, etc.
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 (see Art. 92 of the Labor Code of the Russian Federation), part-time work is only part of this measure. Therefore, with part-time work, wages are made in proportion to the time worked or with piecework wages, depending on the output.
The establishment of part-time work can be made 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 such a regime, see the commentary to Art. 73.
Labor legislation allows for various modes of work. One of them is part-time work. You will learn how to establish such a regime, whether it is suitable for all workers, what are the types of such working hours, you will learn in this article.
Working time concept. Types of part-time work
Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, refer to the worker time (Article 91 of the Labor Code of the Russian Federation). At the same time, normal working hours cannot exceed 40 hours per week.
However, in Art. 93 of the Labor Code of the Russian Federation states that by agreement between the employee and the employer, part-time work... Moreover, the legislator distinguishes between several types of such time:
- part-time work (shift) - with this mode, the duration of work per day is reduced, for example, instead of 8 hours, an employee works 6 hours, but the same number of days remains as with an 8-hour working day;
- part-time working week - the number of working days is reduced while the length of the working day (shift) remains unchanged. For example, an employee worked 5 days a week for 8 hours, and after the establishment of a part-time work week, he will work only 3 days;
- mixed - both the duration of the working day (shift) and the number of working days per week are reduced. For example, instead of 5 working days for 8 hours, an employee will work 3 days for 5 hours. When working on a part-time basis, the employee is paid in proportion to the time he worked or depending on the amount of work he completed.
For your information. Working on conditions part-time work does not entail any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
In what cases is part-time work introduced?
The Labor Code establishes a circle of persons, upon whose written application the employer is obliged to establish a part-time regime for them. These include:
- pregnant women;
- one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
- persons caring for a sick family member in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;
- women on parental leave.
The last point raises disagreements among some employers: they believe that they have the right, not the obligation, to introduce part-time work for women on parental leave. However, it is not. Employers are obliged to introduce such a mode of work for the specified category of workers, and here's why.
Note. Note that not only the mother, but also the child's father, grandmother, grandfather, another relative or guardian who actually takes care of the child has the right to establish part-time work (Article 256 of the Labor Code of the Russian Federation).
For the period of parental leave, the employee retains his place of work (position) by virtue of Art. 256 of the Labor Code of the Russian Federation. Since the legislator gives a woman the right to choose whether to go on such leave or not, she can leave it at any time, and the employer is obliged to provide her with her previous job. Once a woman wants to interrupt her vacation and work part-time, the employer cannot make her a condition to work only full-time. Otherwise, she loses the right to receive benefits for state social insurance - that is, with such a requirement, the employer worsens the employee's position in comparison with the established labor legislation, therefore, violates the norms of the Labor Code of the Russian Federation and when the employee applies to the labor inspectorate, he will be obliged to establish part-time work for her.
For a more correct regulation of the work of women in part-time mode, one can focus on the still valid Decree of the USSR State Committee for Labor, the All-Union Central Council of Trade Unions Secretariat dated 04/29/1980 N 111 / 8-51. The regulation on the procedure and conditions for the employment of women with children and part-time workers, approved by this Resolution, provides for general and special legal norms that provide women with more favorable conditions for combining the functions of motherhood with professional activity and participation in public life.
However, the employer can enter part-time work on their own initiative. In particular, Art. 74 of the Labor Code of the Russian Federation provides for such a possibility when reasons associated with changes in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, etc.) may lead to mass dismissal of workers.
To preserve jobs in this case, the employer can introduce a part-time (shift) or part-time working regime, and this must be done taking into account the opinion of the elected body of the primary trade union organization. The procedure for taking into account such an opinion is established by Art. 372 of the Labor Code of the Russian Federation.
Note! With the threat of mass dismissal, part-time work can be introduced for a period of up to six months (part 5 of article 74 of the Labor Code of the Russian Federation).
Before making a decision on the introduction of part-time work, the employer must send a draft local regulatory act establishing the time and type of part-time work, as well as the categories of workers for whom this regime is introduced (and justifications for it), to the elected body of the primary trade union organization representing the interests all or most of the employees.
The trade union, no later than five working days from the date of receipt of the draft of the specified local normative act, sends the employer a reasoned opinion on it in writing. If the opinion of the trade union does not contain agreement with the draft local act or contains proposals for its improvement, the employer may agree with it or is obliged, within three days after receiving the opinion, to conduct additional consultations with the workers' union in order to reach a mutually acceptable solution.
If no agreement is reached, the disagreements that have arisen are formalized in a protocol, after which the employer has the right to adopt a local regulatory act. Then he can be appealed to the relevant state labor inspectorate or to the court. In addition, the trade union has the right to initiate a collective labor dispute procedure in the manner established by the Labor Code of the Russian Federation.
The cancellation of the regime of part-time work (shift) or part-time work week earlier than the period for which they were established is also carried out taking into account the opinion of the elected body of the primary trade union organization.
But what about those who do not agree to work part-time? The answer is given by Part 6 of Art. 74 of the Labor Code of the Russian Federation: if the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of Part 1 of Art. 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation.
The procedure for introducing part-time work at the initiative of the employer will be considered in Art.
Part-time work is a type of working time. There is no specific definition of this concept in the Labor Code of the Russian Federation, but in Part 1 of Art. 93 says that by agreement between the worker and the employer, both when hiring and in the future, a part-time working day, that is, a smaller number of working hours, can be established.
What it is
The Labor Code of the Russian Federation tells us that there are several options for organizing work in this mode, namely the employer can:
- reduce the duration of the shift - on all working days of the week;
- reduce the number of days while maintaining the standard length of the working day or shift;
- reduce both the number of hours and the number of working days per week.
The decision on a shortened day can be made by the management of the enterprise (with the threat of mass dismissal, for example); also the employee himself can ask about it.
One of the options for reduced working time is the so-called part-time work - we wrote about how to draw up a contract in this case in a separate article (there is also a sample contract).
Who to install
- pregnant woman;
- one of the parents or guardians, trustees who have a child under 14 years old or a disabled child under 18 years old;
- caring for a sick family member (a medical certificate of the established form is required).
Woman being on leave to care for her toddler, in effect Art. 256 of the Labor Code of the Russian Federation has the right to work, but not all day: this will allow her to remain eligible for insurance benefits. But there are times when the mother is forced or prefers to go to work, and the responsibility to sit with the child is shifted to other family members: father or even grandparents. In this case, they too can receive benefits and work part-time.
The procedure depends on who is the initiator
A part-time work week at the initiative of the employee or part-time work at the initiative of the employee is introduced on the basis of his application. If, before submitting the application, the employee did not provide the employer with documents about pregnancy or the presence of a child under the age of 14 (a disabled child under 18), they will have to be provided along with the application.
A more difficult case for a personnel officer is a situation when a part-time work week is introduced at the initiative of the employer, or a part-time work at the initiative of the employer. There are cases when, for reasons related to changes in the organizational or technological working conditions, the terms of the employment contract cannot be saved. Then their change is permissible, with the exception of changes in the employee's labor functions. If the conditions have changed so much that the company is faced with a choice: either to fire more than 50 people in a month (read more about the criteria for mass layoffs in the article), or still try to keep jobs, the employer has the right to introduce a shortened day, shift or incomplete week regime for a period up to 6 months. In this case, it is important to fulfill two main conditions:
- There have been changes in the organizational or technological working conditions. According to clause 21 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2, the employer is obliged to provide evidence that the change in working conditions was caused precisely by the restructuring of technologies or the organizational structure of production. Otherwise, the transfer to a different work schedule is illegal. And such a reason as the difficult financial situation of the enterprise is disrespectful and is not a reason.
- There is a threat of mass layoffs.
V Art. 82 of the Labor Code of the Russian Federation criteria for mass layoffs are defined in sectoral and / or territorial agreements. If such sectoral agreements do not exist for the organization, look at the Decree of the Government of the Russian Federation of 05.02.1993 No. 99 "On the organization of work to promote employment in conditions of mass release."
Only in the presence of one of these two conditions, the employer can make changes in the duration of work of his employees.
How is it paid
According to Art. 93 of the Labor Code of the Russian Federation, when working on a reduced time basis, payment is made in proportion to the working out or depending on the amount performed. The procedure for calculating the norms of hours worked for certain calendar periods, depending on the established duration of working hours per week, should be taken into account. At the same time, according to the Letter of Rostrud dated 06/08/2007 No. 16196, the size of wages when establishing a reduced regime should be reduced regardless of the remuneration system, whether it is an official salary or a tariff rate.
How to register in an employment contract
The procedure for concluding a contract, as well as its form, is the same for a full day and an incomplete one, drawn up in any form. At the beginning of the document, the parties are indicated who conclude an agreement with each other. Next, the subject of the transaction is prescribed, the subsequent clauses should contain the obligations and rights of the parties. It is also necessary to indicate the period of work, that is, specifically the number of hours.
Further, the conditions for the payment of wages and the forms of responsibility for violation of this agreement are determined. And at the end it is indicated in what cases and how amendments can be made and how its termination will take place. At the very end, the details and signatures of the parties are drawn up. Additional items may be added depending on the specifics of the activity.
By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
Legal advice under Art. 93 of the Labor Code of the Russian Federation
The answer to the question was given by phone
The answer to the question was given by phone
The answer to the question was given by phone
It is necessary to draw up a separate agreement on the establishment of a working time regime with a part-time work week. In the agreement, indicate that the specified day will be provided according to the employee's personal statement.
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Article 93. Part-time work
- Lawyer's answer:
- Lawyer's answer:
The law is the same for everyone, not only for the uis employees. This is the Labor Code. Article 93. Part-time work: By agreement between the employee and the employer, part-time (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman ... When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Full leave, the same as for full-time workers. (Article 93 of the Labor Code of the Russian Federation) In particular, this article says: Part-time work does not entail any restrictions on the duration for employees ...
- Lawyer's answer:
Article 93. Part-time work [Labor Code of the Russian Federation] [Chapter 15] [Article 93] By agreement between the employee and the employer, part-time (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
- Lawyer's answer:
It is not worth responding to the employer's attacks. Do your job as conscientiously as you did before. If there is nothing to dig into, any court will be on your side. And sometimes you say to the boss: “I’ll go, as soon as I report to the Labor Inspectorate, or I’ll incite prosecutors at all, they will torture them with checks, you’ll know from me.” Pull yourself until the decree. And when you go on maternity leave, it will no longer matter. If the employer is very annoying, then in order to see his face less, use the right that is given to you in accordance with article 93 of the Labor Code of the Russian Federation (though this will affect your wages), but on the other hand, nerves are more expensive ... Article 93. Part-time working hours By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. (as amended by the Federal Law of 30.06.2006 N 90-FZ) (see the text in the previous edition) When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights. http://www.consultant.ru/popular/tkrf/14_20.html © ConsultantPlus, 1992-2012
Part-time employment is regulated by article 93 of the Labor Code of the Russian Federation. Part-time work can be set immediately upon employment, if the employer agrees to this, or during employment, if the employee or employer has ...
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Labor Code of the Russian Federation Chapter 15 Article 93 By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
- Lawyer's answer:
You can. Article 93 of the Labor Code. You will only receive in proportion to the hours worked. As for maintaining good relations with your superiors, it will depend on the decency of your superiors. But first of all, take care of your health and the health of your unborn baby. While you are caring for the baby, it will take a long time, and then it will be seen.
LABOR CODE OF THE RF. Article 93. Part-time working hours By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. Employer...
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Registered in the Ministry of Justice of the Russian Federation on May 29, 2000 N 2238 MINISTRY OF LABOR AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION N 26 DECISION dated April 4, 2000 ON THE APPROVAL OF THE CLARIFICATION ON THE PROCEDURE FOR PROVIDING AND PAYMENT OF SUPPLEMENTARY WORKERS FOR CHILDREN - DISABLED "1. Four additional paid days off for caring for children - disabled and disabled from childhood until they reach the age of 18 years are provided in a calendar month to one of the working parents (guardian, trustee) at his request and drawn up by order (order) the administration of the organization on the basis of a certificate from the social protection bodies of the population about the disability of the child, indicating that the child is not kept in a specialized children's institution (belonging to any department) on full state support Labor Code Article 93. Part-time working hours By agreement between the employee and the employer, they can establish to be both when hiring, and subsequently part-time (shift) or part-time work week. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. (as amended by Federal Law of 30.06.2006 N 90-FZ) Not allowed to work at night: pregnant women; employees under the age of eighteen. Women with children under the age of three, people with disabilities, workers with children with disabilities Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (disabled child under eighteen years) , by other persons raising these children without a mother, on the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of this Code). An employee with two or more children under the age of fourteen, an employee with a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, by a collective agreement additional annual leaves without pay can be established at a convenient time for them, lasting up to 14 calendar days. The transfer of this leave to the next working year is not allowed. (as amended by Federal Law of 30.06.2006 N 90-FZ)
- Lawyer's answer:
Let's just read the article of the Labor Code Article 93. Part-time work By agreement between the employee and the employer, part-time (shift) or part-time work can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights. CONCLUSION: The leave must be provided in full, at the set time, no exits on a full-time basis are necessary, no applications for the interruption of parental leave need to be written - all this does not comply with the law and some amazing antics of personnel officers. Because in your case you are working part-time while retaining the right to parental care, you are not on vacation yet. Good luck!
- Lawyer's answer:
According to article 93 of the Labor Code, the employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman. When working on a part-time basis, an employee is paid in proportion to the time worked by him or depending on the amount of work he has performed, and according to Article 254 of the Labor Code, the production rates, service rates, or these women are transferred to another job, excluding the impact of unfavorable production factors, while maintaining the average earnings from the previous job.You have two options: 1) reduce working hours, but at the same time lose money; 2) switch to easier work, while maintaining average earnings ...
- Lawyer's answer:
Write an application for the transition to part-time work (4 hours a day) LABOR CODE OF THE RUSSIAN FEDERATION Article 93. Part-time working hours By agreement between the employee and the employer, part-time (shift) or part-time work can be established both when hiring and subsequently work week. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
There has been no Labor Code since 2002, and there is no such article either. The Labor Code contains Article 93 that a woman with children under 14 has the right to work part-time.
- Lawyer's answer:
Clause 39 of the Regulation on the appointment and payment of state benefits to citizens with children, approved by Decree of the Government of the Russian Federation of December 30, 2006 865, provides for the preservation of the right of the insured person who is actually caring for the child and is on parental leave to receive a monthly benefit in case of going to work on a part-time basis or at home, as well as in the case of continuing education. In accordance with Article 93 of the Labor Code of the Russian Federation, work on a part-time basis does not entail any restrictions for employees of their labor rights. a person who has taken parental leave at the place of work and who works on a part-time basis is paid both a monthly childcare allowance and a salary on which a unified social tax is charged in accordance with the established procedure, in the part credited to the Social Insurance Fund of the Russian
- Lawyer's answer:
Under the current legal regulation of labor relations, the independent upbringing of a child, alas, is not a criterion that obliges the employer to provide unpaid leave in accordance with the law. That is, it obliges the employer to provide such leave only if it is provided for by the collective agreement. But, in accordance with article 93 of the Labor Code, the employer has no right to refuse you to establish a part-time work week. Therefore, you can write a statement "on the establishment of an incomplete working week in accordance with Article 93 of the Labor Code of the Russian Federation", in which you list the mode of operation at your request: that is, write all the days as you work, for example, and indicate the day of the week on which the train leaves weekend. After you send the child, you will come and write a "reverse" application for the establishment of a normal (full) working time, or you may like it anyway)). Just keep in mind that when working on a part-time basis, the employee is paid in proportion to the time he worked or depending on the amount of work he performed. But I think that non-payment of this extra day off, especially one, will not be so significant, because the baby is more important now. At the same time, I think that the employer, having seen your application, will also not bother so much, as it seems to me it is easier to let the employee go for 1 day than to issue so many pieces of paper back and forth because of a part-time work week.
- Lawyer's answer:
Application Based on part 1 of article 93 of the Labor Code of the Russian Federation I ask you: Set me from "____" _______2011 to a part-time (four-hour) working day due to the need to care for a child with a schedule of my work from __ hour. ___ minutes until ___ hour. ____ min. I attach a copy of the child's birth certificate to this application. Date, signature. I give a certificate: In accordance with Part 1 of Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), and also a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
- Lawyer's answer:
It is necessary to make additional agreements to labor contracts, here is a sample: SUPPLEMENTARY AGREEMENT No. 4-09 to the labor contract dated 01.09.08 No. 75 Moscow 10.02.09 Limited Liability Company "Polet", hereinafter referred to as the Employer, represented by General Director Orlov Grigory Petrovich, acting on the basis of the Charter, on the one hand, and Svetlana Ivanovna Zaitseva, hereinafter referred to as the Employee, on the other hand, in accordance with part 1 of Article 93 of the Labor Code of the Russian Federation, concluded this agreement as follows. 1. The employee is assigned a part-time working day from 9.00 to 13.30 and a part-time working week (working days - Monday, Wednesday, Friday). Break for rest and meals - from 11.00 to 11.30. Part-time work is established for the period from 16.02.09 to 29.05.09. 2. Remuneration for labor is carried out in proportion to the hours worked based on the salary established in clause 1.3 of the employment contract dated 01.09.08 No. 75. 3. This agreement is drawn up in duplicate for each of the parties and is an integral part of the employment contract dated 01.09.08 No. 75, concluded between the Employer and the Employee. Employer: General Director of Polet LLC Orlov / Orlov G. P. / Employee: Zaitseva / Zaitseva S. I. /
- Lawyer's answer:
If there was a change in the staffing table, that is, in the SR the rate was reduced to 0.1, then this is a reduction. Perhaps the material from the journal "Personnel business" (№3, 2009) will help you figure it out: Question. Part-time or cutbacks? To reduce personnel costs, the company's management made a decision: to transfer part of the employees to part-time jobs. Appropriate changes were made to the staffing table. The workers were advised that they were given four-hour part-time work and that their pay was cut in half. How legal is it? Answer. Let's figure it out. Let's see what actually happened: the reduction of certain positions by half, or the establishment of a part-time regime for individual workers. Since in this case there is a substitution of concepts. So, if there was a reduction (for example, five employees were reduced by 0.5 rates: the staffing table had 40 staff units, it became 37.5), then the employee whose position was reduced by part-time should be notified in accordance with the established procedure not about the transfer to part-time work, and on the reduction of his position by 0.5 rate. Now, if there were no reductions in the staffing table, and the issue of lowering the size of an employee's wages (with a reduction in working hours) would remain relevant, then we would notify employees about the introduction of part-time work. However, when switching to part-time mode, things are not so simple. It should be remembered that unilaterally, in accordance with article 74 of the Labor Code, such a regime can be established only: in order to preserve jobs. That is, this is only possible if changes in organizational or technological working conditions that have occurred in the organization threaten with mass dismissal of workers; taking into account the opinion of the elected body of the primary trade union organization; for up to six months. The Labor Code does not define part-time work. However, as follows from Article 93 of the Labor Code, incomplete time should be considered as the duration of which is less than the normal duration of working hours established for the employee. If, for example, an employee has a 5-day working week with an 8-hour working day, then introducing a four-hour working day for him (with payment in proportion to the hours worked) will be a transfer to part-time work. If he is transferred to part-time, then a 4-hour working day will be the norm for him. Therefore, you did the wrong thing. In your case, it was necessary to notify each employee about the reduction of his part-time and propose a transfer to the remaining part-time with an indication of the new mode of work and remuneration.
- Lawyer's answer:
Yes, indeed, the right to a monthly parental allowance (up to 1.5 years) is retained if the person on parental leave works part-time or at home, as well as in the case of continuing education. If there is a written application from the employee, with a request to establish part-time work for her, you, as an employer, need to draw up an additional agreement with the employee to establish the agreed duration of part-time work (shift) or part-time work week. The issuance of an order to conclude an additional agreement is not a mandatory requirement, and will be under your consideration. In this case, if the condition for establishing part-time work for the employee (article 93 of the Labor Code of the Russian Federation) is fulfilled, there is no reason for any conflict situation to arise both in relation to the employee and in relation to you, as an employer. Part-time work does not entail any restrictions for the employee on the duration of the main annual paid leave, or the calculation of length of service. If you go to work full time after interrupting parental leave, then you will not be entitled to benefits.
- Lawyer's answer:
The issue is controversial. I read different opinions about this. Here's one: “Part-time work in accordance with article 93 of the Labor Code does not entail any restrictions for employees on the duration of annual paid leave, the calculation of seniority and other labor rights. child on a part-time basis, has the right to another leave on a general basis.But how can she arrange it? After all, the use of two leaves at the same time is not provided for by legislation. which will need to return everything to its place (that is, again take parental leave until the child reaches the age of three). The situation is solvable, but the procedure is really cumbersome. when the employee, while on parental leave, did not work "(full article here). It is believed that the employee is initially (first of all) on nursing leave, and this time is not included in the leave period.
- Lawyer's answer:
According to article 93 of the Labor Code, by agreement between the employee and the employer, it can be established both when hiring and subsequently part-time (shift) or part-time work week. You are not transferred to 0.5 stakes. The staff unit turns out to be busy. They will definitely not be able to accept it. They can only impose additional duties on another employee or accept someone under a civil law contract to perform a specific job.
Yes, even tomorrow. But they will also pay one day less per week :) Do you agree to work less and get less? Will you be happier? Idiots. Even with a five-day working week, Russia cannot establish normal production. Plus service in ...
worked the entire pregnancy until 31 weeks on a shift schedule from 9 to 21 .. of course it was hard, especially during toxicosis in the summer in the very heat, and I really wanted to sleep .. but I understood that if I took sick leave, my work would fall on .. ...
- Lawyer's answer:
Article 92 of the Labor Code of the Russian Federation. Reduced working hours are established: for employees under the age of sixteen - no more than 24 hours a week; for employees between the ages of sixteen and eighteen - no more than 35 hours per week; for employees who are invalids of I or II groups - no more than 35 hours per week; for workers engaged in work with harmful and (or) dangerous working conditions - no more than 36 hours per week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. The duration of the working time of students of educational institutions under the age of eighteen, who work during the academic year in their free time from studies, cannot exceed half of the norms established by part one of this article for persons of the corresponding age. This Code and other federal laws may establish reduced working hours for other categories of workers (pedagogical, medical and other workers). Article 93. Part-time work [Labor Code of the Russian Federation] [Chapter 15] [Article 93] By agreement between the employee and the employer, part-time (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
- Lawyer's answer:
Based on your question, we can assume the following: 1. The salary has become lower: In accordance with article 57 of the Labor Code, the conditions of remuneration (including the amount of the official salary) are a prerequisite for an employment contract. Therefore, the employer has the right to unilaterally change the amount of wages established by the employment contract in accordance with article 74 of the Labor Code only if the following conditions are met: First. If the previous conditions of remuneration cannot be maintained for reasons related to changes in the organizational or technological conditions of work. If about the upcoming changes, as well as about the reasons that caused the need for such changes, the employee is notified in writing not later than two months. The employer's actions to change wages will be recognized as legitimate only if these two conditions are met simultaneously. Failure to comply with at least one of them may result in the cancellation of an earlier decision. 2. Canceled bonuses: If, in addition to the official salary, a part of the salary was paid monthly in the form of bonuses to employees, this indicates that the organization has established a bonus remuneration system. Remuneration systems, as follows from Article 135 of the Labor Code, are established by local regulations. In this case, the Regulations on Remuneration. In accordance with the requirements of Article 68 of the Labor Code, upon hiring (before signing an employment contract), each employee must be familiarized with this Regulation against signature. Therefore, despite the fact that in labor contracts concluded in writing, there is no mention of bonus payments (note, this is a violation of Article 57 of the Labor Code of the Russian Federation!), Familiarization with the Regulations on remuneration indicates that each employee, when concluding an employment contract, was aware of the terms of payment for his labor. The fact that, after familiarizing himself with the Regulations, the employee started work suggests that an agreement on the payment of a part of the salary in the form of bonuses between the employee and the employer was actually reached, although it was not recorded in writing. Consequently, the employee must be notified in accordance with the established procedure at least two months in advance of the cancellation of the payment of bonuses (Article 74 of the Labor Code of the Russian Federation). 3. There are no additional payments: No, it is not necessary. If you notify employees in writing about the transition to a new work mode (indicating the length of the working week, daily work (including the start and end times of work, breaks in work) and the reason that caused the need for such changes) no later than two months before its introduction, then this is enough. The fact is that payments for performance of work in conditions deviating from normal (when working at night, overtime work, on weekends and non-working holidays, etc.) are not constant. Additional payments and allowances (in the case of involving employees in overtime work, at night, etc.) are paid for any mode of work. Part-time or reduction: the Ore Code does not define part-time work. However, as follows from Article 93 of the Labor Code, incomplete time should be considered as the duration of which is less than the normal duration of working hours established for the employee. If, for example, an employee is assigned a 5-day working week with an 8-hour working day, then introducing a four-hour working day for him (with pay proportional to the hours worked) will be a part-time transfer. If he is transferred to part-time, then a 4-hour working day will be the norm for him.
Pavel Barbayanov
Tell me, I have a daughter for 7 years who goes to grade 1 to school. I have a different work schedule and get to work 1.5 (maybe a little less) my husband has a 2 * 2 schedule, we do not have time to pick up the child from school and ask the neighbors then girlfriends (friends). but all year it is inconvenient. I know that there are 93 st of shopping mall of the Russian Federation. Help how to correctly draw up an application and can the employer refuse to reduce the working time?
Elizaveta Belova
Good day! On what grounds can part-time work be established for a woman with 2 children under 14 years of age?
Lilia Antonova
My husband doesn’t work full-time And he is denied leave. Is that right?
Elizaveta Veselova
I am retired, pay the mortgage for another 4 years and 8 months, on Monday they told me to write a statement on my own (not me alone) I am now on sick leave
Margarita Shestakova
Article 93 of the Labor Code: is it necessary to draw up a separate agreement to the employment contract and immediately stipulate the day .. which will be a day off, the term of this agreement My employee wants to take such a day off every week on different days, is this legal?
Lydia Alexandrova
Are women with a child under the age of three entitled to a shorter working day of one hour under the labor code? What is satya?
Elizaveta Semyonova
Tell me what is the working day for pregnant women employees of the uis (articles of the law) working day
Zhanna Titova
How many lowering days per year are half-stakes allowed?
Yulia Egorova
Legal advice is needed .. What needs to be done (provided to the superiors) to go to work part-time (without any payments), caring for an elderly grandmother (89 years old).
Zinaida Sidorova
I am pregnant and the employer asks me to write my own application! Help!!!. I am 6 months old, 10 weeks before decree. I work as a sales representative, officially under an employment contract. Today they asked me to write a statement of my own free will ... they say I can't cope with my duties (for those who know, I don't fulfill my plans). Although the plans were raised for me and it is physically impossible to fulfill them on a certain site. I tried for 2 months and 2 months did not work ... I do not refer to poor health, I try 100%. but now you can't prove anything ... What do i do?
Veronica Ilyina
you can get a part-time job
Svetlana Romanova
my son is a disabled person of the 1st group, I have the right to a shorter working day. Work
Anastasia Yakovaleva
work and pregnancy. how to be ?. pregnancy, the beginning of the 2nd trimester. arranged officially, but no sick leave. I work as a salesman. work schedule 3 in three, but twelve hours. whether I can demand from the management a reduction in working hours during the day, and what laws can I refer to. how to do it so as not to spoil the relationship with the boss
Ksenia Petrova
I have a child of 8 years old can I switch to part-time work
Nikita Paradoxov
Benefits for disabled children.
Yana Mikheeva
The employee is on parental leave under 3 years old and works part-time. The employee is on parental leave under 3 years old and works part-time. Can the administration refuse another labor leave?
Ilya Babakin
do I have the right to a shorter working day? I am now 7 months pregnant! I work for five days, from 10 to 18
Diana Zhukova
What is the best application for a school principal? After maternity leave, I only want to go to work at school for half the time, am I entitled to this?
Egor Banny
Tell me the article in the Labor Code, which says that women with a child under 3 years old may not work on Saturdays. I work at our school for 5 days, but the administration forces me to work on Saturdays. It is necessary to motivate legislatively.
Inna Belova
Can I get out of parental leave up to 1.5 years at a non-main place of work before urgent ?. Before the birth of the child, I had two jobs (main and external). Now I am on parental leave to care for a child up to 1.5 years old (child is 7 months old). Now I want to go to a non-main job, but mainly to use my vacation to the end. Do I have the right to do this, and how should I proceed, after all, the vacation application was written before 03/23/2010.
Federation, then, accordingly, in the event of his illness, temporary disability benefits are paid in accordance with the general procedure established by Federal Law 255-FZ dated December 29, 2006 “On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance.” This means, that the temporary disability benefit is calculated from the average earnings of a person working under an employment contract for the last 12 calendar months preceding the month of the onset of temporary disability. In the absence of earnings in this billing period, the benefit is calculated from the earnings received in the month in which the insured event occurred.
I need to accompany a child (5 years old) who is going on vacation with his grandmother to the train. BUT ..... I need to accompany a child (5 years old) who goes on vacation with his grandmother to the train. BUT the employer does not let me go, referring to the fact that there is no one to work (I work in a state institution). Is there any law according to which the authorities are obliged to release me P.S. I am a single mother, and there is no one else to accompany the child.
Yakov Kubasov
My child goes to the nursery for 4 hours, I also go to work for 4 hours (0.5) rates. Question. How can I correctly write a statement to the manager that I am going out on a part-time basis (for 4 hours-0.5 rates), while my child gets used to it in kindergarten and walks 4 hours a day
Grigory Kovalenkov
In connection with the crisis, it is necessary to transfer workers to a shorter working week, how to do this correctly, the procedure itself
Elizaveta Antonova
The rate is reduced to 0.1 units. Is this a reduction or change in the terms of the employment contract?
Yaroslav Lisytsin
if you go back to work from maternity leave earlier, will the payment of child allowance up to one and a half years remain?. Well, here are two answers ... contradicting each other .... so all the same, how and where to find out then ????
Maria Belova
Is a woman working part-time entitled to annual leave. A woman works part-time while on parental leave until the child reaches the age of 1.5 years. Is this period included in the seniority, which gives the right to the next annual leave?
Inna Belova
If I take a part-time work week at 8 pm, where will the remaining 20 hours go? Can I hire another worker for these hours?
Claudia Blinova
The UN has analyzed the proposal of the Moscow trade unions to switch from a five-day to a four-day working week and
Sergey Borisov
Pregnancy and work. Did you work during pregnancy?
Antonina Stepanova
who can work part-time or full-time, but not every day, for a history student?
Stanislav Romakhin
reduction in wages. Is it legal to cut salaries by 50%?
Part-time work- part-time mode, in which the employee works part-time (shift) or part-time ().
Incomplete schedule at the request of the employee
To work with a part-time organization can transfer any employee at his request (application) or by agreement of the parties to the employment contract. When establishing a part-time regime it is necessary to conclude with the employee an additional agreement to the employment contract (Art.57.72 of the Labor Code of the Russian Federation)
In some cases, the organization is obliged to establish such a regime for an employee. This must be done at the request:
- a pregnant woman;
- one of the parents (guardian, curator) with a child under the age of 14 (a disabled child under the age of 18);
- an employee who takes care of a sick family member in accordance with a medical report.
Employees to whom the employer is obliged to establish a part-time schedule can express their wishes for the work schedule. For example, a pregnant employee has the right to ask that her working day start two hours later than other employees. The employer, in turn, is obliged to take into account the wishes of such an employee. In this case, the employer makes a decision on the work schedule taking into account the specifics of production.
The employer is obliged to establish an incomplete schedule for any period convenient for the employee. But not more than for a period of circumstances due to which the employee was introduced to part-time work. For example, if an employee asked for an incomplete work schedule due to caring for a sick family member, the maximum period for which the employer is obliged to establish such a schedule is the period of illness of the family member the employee is caring for (Article 93 of the Labor Code of the Russian Federation).
The current legislation does not provide for a specific duration of working hours with an incomplete schedule. Set up a work schedule as agreed with the employee. In this case, the working day can be divided into parts. For example, an employee works three hours in the morning and one hour in the evening. This follows from Article 93 of the Labor Code of the Russian Federation.
Incomplete schedule initiated by the organization
The organization can introduce part-time work on its own initiative (taking into account the opinion of the trade union - if available in the organization). This is allowed during the period of organizational and technical measures that entail significant changes in working conditions. If such changes can lead to massive layoffs, the administration has the right to establish a part-time regime for up to six months. This limitation is provided for by part 5 of the Labor Code of the Russian Federation.
Employee's statement on the establishment of a part-time regime
Director
LLC "Gasprom"
A.V. Ivanov
from the chief accountant
A.S. Petrova
STATEMENT
on the establishment of a part-time working regime
On the basis of Article 93 of the Labor Code of the Russian Federation, in connection with the current family circumstances (long-term illness of the child), I ask from 02/17/2018 to allow part-time work (with the establishment of a working week from Monday to Thursday) until the reasons that caused this need are eliminated.
16.01.2019 . . . Petrova... ... ... ... ... A.S. Petrova
How to apply for a part-time worker
Part-time work is a special work schedule. You will find out how to arrange it correctly and in what order it is paid in the article.
Does part-time work limit the employee's labor rights?
No, it doesn't.
Are part-time and shortened working hours the same thing?
No, these are different working hours.
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Is an extra day off for a part-time work week considered a day off?
Yes, it does. Did you need to set up a part-time job for one of the employees? Then it must be remembered that such a mode of work determines a special procedure for remuneration. Therefore, it is very important to draw up all personnel documents without errors. But do all of you remember when and which employees have the right to work like this? And do you know what difficulties you can face while doing this?
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Who is eligible for part-time work?
Pregnant women have the right to work part-time. They are assigned the following work regimes:
- reduced duration of daily work (shift) by a certain number of hours on each day of the working week;
- reduced number of working days per week with normal duration of daily work (shift);
- reduced duration of daily work (shift) by a certain number of hours with a reduced number of working days per week.
The daily work of women in certain types of work can be divided into parts. At the same time, the recommended minimum duration of work is at least four hours a day and at least 20-24 hours a week (for a five- to six-day week). Also, depending on the specific working conditions, women can be set for a different working time. Other categories of employees may also work part-time. At the same time, it is important not to confuse this mode of operation with reduced working hours.
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| Who is part-time | Conditions for the provision of part-time work | Legislative act |
|---|---|---|
| A pregnant woman | Part one |
|
| One of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18) | The employer is obliged to establish at the request of the employee | Part one, Art. 93 of the Labor Code of the Russian Federation |
| An employee caring for a sick family member | The employer is obliged to establish, at the request of the employee and in accordance with the duly issued medical certificate | Part one, Art. 93 of the Labor Code of the Russian Federation |
| An employee undergoing training in an organization and performing work under an employment contract | The employer can establish by agreement with the employee | |
| Postgraduate student studying in postgraduate study by correspondence course | The employer is obliged to establish one day off from work a week with payment in the amount of 50 percent of the received wages, but not less than 100 rubles. | Clause 7 of Art. 19 of the Federal Law of August 22, 1996 No. 125-FZ "On Higher and Postgraduate Professional Education" Note: Canceled. See 273-FZ "On education in the Russian Federation" |
| An employee on parental leave | The employer is obliged to establish at the request of the employee | Part three; Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" |
| All employees, if a change in organizational or technological working conditions may lead to their mass layoff | The employer has the right to establish such a regime, taking into account the opinion of the trade union, for a period of up to six months. | , |
When establishing part-time work for an employee with a child under 14, does the employer have the right to demand a certificate or other document on the working hours of the second parent?
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How part-time work differs from shortened
| Criterion | Reduced working hours | Part-time work |
|---|---|---|
| Salary | In the amount provided for normal working hours | In proportion to the time worked or depending on the amount of work performed |
| Establishment procedure | Mandatory for the employer. Established by the Labor Code and other laws | Established by agreement between the employee and the employer, the initiative can belong to either party |
| Working hours | Established by federal laws | Installed by agreement of the parties |
| For whom it is applied | For certain categories of workers in need of increased labor protection measures (minors, disabled people, pedagogical and medical workers, etc.) () | No restrictions are established by law |
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How to pay for a part-time, part-time employee
If an employee works part-time, then this should be paid as follows. Calculate wages in proportion to the time worked or depending on the amount of work performed (part two of article 93 of the Labor Code of the Russian Federation). Similarly, the average earnings of an employee for temporary disability benefits, maternity benefits and monthly childcare benefits are determined.
Irina M. works part-time and receives a salary depending on the amount of work performed (50 rubles for one part). In March, an employee produced 350 parts on the machine. Thus, her salary this month will be 17,500 rubles. (350 x 50).
If the employee has worked more hours, this will be considered overtime work. Therefore, the first two hours must be paid in at least one and a half amount, and the next hours - at least in double the amount ().
You can demand from the employee a document confirming the basis for part-time work (for example, a certificate from the antenatal clinic about pregnancy)
Senior economist Galina S. with a part-time work week (36 hours a month) receives 30,000 rubles. per month. On March 12, she was called to work overtime for three hours. Let's calculate the amount of the surcharge according to the following formula:
E = (S: V x 1.5 x 2) + (S: V x 2 x (P - 2)), where
S - the size of the monthly salary;
V is the number of working hours in March with a 36-hour working week;
P is the duration of overtime work.
Thus, the surcharge was 1,000 rubles. = (30,000: 150.2 x 1.5 x 2) + (30,000: 150.2 x 2 x 1).
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How to make a transition to part-time work, an order, an additional agreement
The mode of part-time work (part-time working week, part-time working day (shift)) is established in the employment contract. Therefore, to begin with, on the basis of the employee's application, you need to draw up an additional agreement to the contract.
Note: Download the employment contract. An employee is set to work part-time
Be sure to reflect in it (part one):
- days of the working week;
- duration of daily work (shift);
- start and end time of work;
- break time.
If, according to the terms of work, it is impossible to comply with the daily or weekly working hours (for example, an employee works on a sliding schedule), set up a summarized accounting of working hours and determine the appropriate accounting period (month, quarter, etc.) (part one).
Elena P. works part-time. In the first and third weeks of the month she works 20 hours, and in the second and third weeks - 28 hours. Thus, she works 96 hours a month. Elena has a summarized accounting of working hours with an accounting period of one month. An employee's salary for one hour of work is 150 rubles. Consequently, its size per month will be equal to 14,400 rubles. (96 x 150).
Then, on the basis of the additional agreement concluded, issue an order on the establishment of part-time working hours. Since there is no unified form for this document, you can compose it in free form. It is not necessary to make any entries in the employee's work book.
Limited Liability Company "Gasprom"
TIN 7708123456, KPP 770801001
full name of the organization, identification codes (TIN, KPP)
ORDER No. 256
on the establishment of a part-time working regime
Moscow 01/30/2017 In accordance with Articles 93 and 173 of the Labor Code of the Russian Federation, I ORDER:
1. Set from February 2 to March 31, 2017 to the manager A.S. Kondratyev is part-time for the period before the start of the graduation project and the passing of state exams.
A.S. Kondratyev has the following working day schedule:
- start - 8.30;
- ending - 15.50;
- lunch break - 12.00-13.00.
2. Bookkeeping wages A.S. To produce Kondratyev in proportion to the hours actually worked.
Reason: statement by A.S. Kondratyev.
General Director ______________ A.V. Ivanov
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How to set up part-time work
Experts' opinions
- Working on a part-time basis does not entail any restrictions on her labor rights... The duration of the main annual paid leave, work experience, the right to childcare allowance and sick leave payment are preserved.
- In case of a part-time work week, an additional day of rest is a day off for the employee. You can attract an employee to work on this day only with her written consent (). It is forbidden to involve pregnant women in labor these days (part one).
- Part-time set in the supplementary agreement to the employment contract employee on the basis of his written application. Then, in accordance with this agreement, the employer needs to issue an order establishing an individual regime for the employee. Just remember that no work book entries you do not need to do this.
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Calculation of BENEFITS for BIR, child care, sick leave
How to determine the average daily earnings for calculating hospital benefits based on the minimum wage for a part-time employee
When calculating the hospital allowance from the minimum wage for an employee who, at the time of the insured event, has a part-time regime, determine the average daily earnings in proportion to the employee's working hours (Law of December 29, 2006 No. 255-FZ). To calculate, use the formula:
Average daily earnings if part-time is set for an employee
Minimum wage
Installed to an employee in part-time mode
------------
Working hours per day (week) at normal working hours
Calculate the daily allowance taking into account the employee's insurance record:
Day allowance
Average daily part-time earnings
Benefit as a percentage of the employee's average daily earnings
(100%, 80%, 60%)
How to calculate the BI allowance for an employee who has a part-time job
According to the general rules. If the average monthly earnings are at the start date of maternity leave, then the allowance is calculated based on the minimum wage, taking into account the duration of working hours.
To calculate the maternity allowance, you need to calculate the average daily earnings. As a general rule, it is defined as follows: divide the total amount of earnings, which is accrued for the billing period and is subject to social insurance contributions, by the amount of calendar days in the billing period. This rule is also applied to calculate the average daily earnings of employees who are assigned part-time work (part 3.1 of article 14 of the Law of December 29, 2006 No. 255-FZ, paragraphs 15, 15.2, 16 of the Regulation approved by the decree of the Government of the Russian Federation of June 15, 2007 No. 375).
If a woman worked part-time, her average monthly earnings may be less than the minimum wage established on the date of the start of maternity leave. In this case, to calculate the average daily earnings, you need to use the minimum wage. The value of the minimum wage itself is reduced in proportion to the duration of the employee's working time. This procedure is provided for by part 1.1 of article 14 of the Law of December 29, 2006 No. 255-FZ, paragraph 15.3 of the Regulation approved by the RF Government decree of June 15, 2007 No. 375.
An example of calculating maternity benefits for an employee who is assigned part-time work
E.I. Ivanova works at 1/2 rate. In July 2018, Ivanova goes on maternity leave. The estimated period is 2016–2017. By the time the maternity leave began, the employee's total insurance experience had exceeded six months, so the benefit is calculated based on her actual earnings. The calculation period has been fully worked out. There were no days excluded from the billing period.
Ivanova's actual earnings were:
- for 2016 - 80,000 rubles;
- for 2017 - 90,000 rubles.
We check whether Ivanova's average earnings for a full calendar month exceed the minimum wage.
The average monthly salary of an employee for the billing period was:
(80,000 rubles + 90,000 rubles): 24 months = 7083.33 rubles / month
The value of the minimum wage as of the start date of maternity leave is 9489 rubles. But since Ivanova at that moment worked at 1/2 rate, this value must be reduced.
The amount of the minimum wage calculated based on the employee's working hours is: 9489 rubles. : 2 = RUB 4744.50
Thus, the average monthly salary of an employee in the billing period in terms of a full month (7083.33 rubles) is higher than the minimum wage as of the date of the start of maternity leave (4744.50 rubles). Therefore, when calculating the allowance, we determine the average daily earnings based on the actual earnings received:
170,000 rubles: 731 days. = 232.56 rubles / day
The total amount of the maternity allowance was: 232.56 rubles. × 140 days. = 32,558.40 rubles.
Is it necessary to reduce the childcare allowance if during the billing period the employee worked on a part-time basis.
Usually, the length of the working day does not affect the amount of the parental allowance for a child under 1.5 years of age. The payment depends only on the average daily earnings for the last two calendar years preceding the start of parental leave. This follows from the provisions of the Law of December 29, 2006 No. 255-FZ.
And only if the average monthly wage in the billing period is below the minimum wage, the benefit is calculated based on the minimum wage. Whether to apply in this case part-time ratio, depends on what working conditions the employee had at the time of the start of the vacation. If he worked full time, the coefficient does not apply. Adjust the minimum wage in proportion to the working time, only if there was a part-time regime before the vacation.
An internal part-time worker can work in his organization in the same position as in the main job, especially part-time work.