Shortened working hours and part-time working week. Pre-holiday day with part-time work. How to deal with part-timers

decreases by one hour».

as for overtime work.

Time tracking and timesheets

reduced working hours (

Why is it an hour shorter?

Shorter working day. Shortened pre-holiday working day according to the Labor Code of the Russian Federation

The seventh of January is Christmas;
The first of May is Labor Day;
The ninth of May is Victory Day;

If before a holiday a replacement of working and non-working days is carried out (for example, any day of the work week and Saturday are swapped), then working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself.
If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.

It is not uncommon for an accountant, when paying a certain amount to an employee, to ask the question: is this payment subject to personal income tax and insurance contributions? Is it taken into account for tax purposes?

New edition of Art. 95 Labor Code of the Russian Federation

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.

On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

The duration of the working day (shift) immediately preceding a non-working holiday is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).

Non-working holidays in the Russian Federation are:

Existing professional holidays, such as Medical Worker's Day, Trade Worker's Day, etc., do not apply to non-working holidays, and the rules of Article 95 of the Labor Code of the Russian Federation are not applicable in these cases.

On the eve of holidays and weekends, the length of the working day (shift) is reduced by one hour, both with a 5-day and with a 6-day working week.

Moreover, such a reduction is made not only in relation to workers with normal working hours, but also in relation to workers with reduced working hours.

Due to the fact that the duration of work in a 40-hour work week is subject to reduction by one hour, on the eve of holidays (non-working days) the day before the day off is not reduced if the holiday is preceded by one or two days off.

For example, if a holiday falls on Sunday, and the organization has a 5-day work week, then the working day on Friday is not shortened, since in this case the holiday is preceded by a day off - Saturday.

In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 ).

With a 5-day work week, the weekly time limit is distributed among the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration of the work shift on the eve of the weekend, as is provided for a 6-day work week.

If in continuously operating organizations and in certain types of work it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime must be compensated by providing the employee with additional rest time or, with the consent of the employee, payment in the form of overtime work.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for paying overtime work.

Another comment on Art. 95 Labor Code of the Russian Federation

1. Non-working holidays are defined in Art. 112 Labor Code of the Russian Federation.

2. According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour both for workers with normal working hours and for those who work on reduced working hours, regardless of the basis for its reduction.

3. If a non-working holiday follows a day off, then the working day preceding this day off cannot be shortened.

How to shorten the pre-holiday day when working in shifts?

If a week falls on a holiday, the working hours for that week are adjusted accordingly. This rule applies to both a five-day and a six-day workweek.

5. The main form of compensation for overtime on a pre-holiday day in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) is to provide the employee with additional rest time. Replacing it with payment according to the standards established for overtime work is allowed only with the consent of the employee.

6. Having established in Part 2 of Art. 95 of the Labor Code of the Russian Federation, the conditions for compensation for overtime caused by the inability in continuously operating organizations and in certain types of work to reduce the duration of work (shift) on a pre-holiday day, the law does not determine during what time compensation should be provided in the form of additional rest time. As a rule, compensation for such overtime should be provided for in the shift schedule. If in an organization this issue is not regulated by a shift schedule or a collective agreement, then additional rest time is provided by agreement of the parties.

Issues regarding working hours on pre-holiday days are regulated by Art. 95 of the Labor Code of the Russian Federation, the main provision of which is very simple: “The duration of the working day or shift immediately preceding a non-working holiday, decreases by one hour».

There can be no double interpretations here, everything is very clear. This provision applies to all employees without exception, including those working part-time, part-time or on reduced hours (for example, disabled people or teenagers under the age of 18).

Article 95 of the Labor Code also contains clarification regarding continuous production, where work is carried out constantly, including on holidays. In such cases, this hour considered as recycling and is compensated accordingly by provision at another time or, with the consent of the employee, by additional payment, as for overtime work.

Based on the above provisions, the issue is resolved in various specific cases, for example, on a shift, where summarized recording of working time is used. If production is not continuous, then the work shift on the day before the holiday should be reduced by one hour. Otherwise, the shift on pre-holiday days continues as usual, and the allotted hour of rest is added to the inter-shift rest, or is paid additionally.

As for sick leave, vacation pay, etc., the reduced hour in question does not affect them at all, since, for example, sick leave is calculated based on earnings for the two previous years divided by 730, and does not take into account any specific days. The situation is similar with the calculation of vacation pay.

Time tracking and timesheets

Certain difficulties arise when calculating employees who work part-time part-time, for whom, according to Art. 285 of the Labor Code, payment must be made in proportion to the time worked. Usually in such a situation it is assumed that a shortened pre-holiday day is still considered a working day, and the wages for this day should be full. Therefore, despite the working day being shortened by one hour, it is recommended to enter the usual hours for a given employee in the working time sheet (Salary magazine, No. 5, 2008).

Work on holidays according to the Labor Code

Who doesn't love holidays? Everyone loves it. If only because on officially established holidays, most Russians do not work. And work on a pre-holiday day according to the Labor Code of the Russian Federation. If the pre-holiday day falls on a weekend, then the duration of the working day preceding it does not decrease (Article 95 of the Labor Code of the Russian Federation).

All holidays and non-working days are specific calendar dates established by the Labor Code of the Russian Federation (Article 112 of the Labor Code of the Russian Federation). Professional, corporate events, etc. are not official holidays and cannot be non-working days in accordance with labor legislation.

Work on a holiday day

There are no exceptions to the rule on the duration of the pre-holiday working day in the Labor Code. This means that work on pre-holiday days, according to the Labor Code, should be reduced by an hour not only for those workers who work 40 hours a week, which forms the normal working time (Article 91 of the Labor Code of the Russian Federation), but also for persons who spend less time to work. Including those who have been identified:

reduced working hours (

Labor legislation establishes certain privileges for working citizens. One of them is shortening the pre-holiday day. There is no law on pre-holiday days that are an hour shorter. This privilege is regulated by the Labor Code, article ninety-fifth.

The Labor Code clearly states that the duration of work on all days immediately before holidays should be reduced by one hour. In some organizations where it is not possible to reduce the working day, overtime is compensated by additional rest or monetary compensation.

In organizations where a six-day work week is established, the duration of work on a pre-holiday day should be no more than five hours.

Why is it an hour shorter?

Some citizens wonder why the pre-holiday day is an hour shorter? The government introduced this privilege so that working citizens could best plan and spend weekends and holidays.

An employer extends a shortened working day - what to do?

In some cases, the employer cannot shorten the pre-holiday day for its employees. This may be due to the continuous production cycle or the type of activity of the company. In order to find out how compensation for overtime on pre-holiday days occurs, you need to refer to the provisions of the Labor Code on a pre-holiday day that is an hour shorter:

Work without shortening the pre-holiday day will be overtime work.
Reduction of working hours on a pre-holiday day

In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. An option with monetary compensation is also possible. However, this option can only be used with the written consent of the employee.
A working citizen can take advantage of additional rest for overtime on a pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main leave.
The employer has every right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation must be reflected in the company’s internal regulations.
The Labor Code does not establish any restrictions on the periods when additional benefits can be provided. rest. In this regard, each organization must independently establish these periods in its internal regulations.
If company directors do not provide their employees with any compensation for not shortening the pre-holiday day by 1 hour, the director may receive administrative liability. It is even possible to suspend the activities of the entire organization.
Compensation is made with the consent of the employee, but not at his request. He cannot independently choose what compensation to receive - in the form of additional compensation. rest or in the form of additional payment. The employer takes the initiative, and the employee decides whether to agree or not.
A working citizen needs to know that with monetary compensation, overtime is paid at one and a half times the rate.
If the employee agreed to receive monetary compensation, this fact will need to be documented in writing. It is necessary for the employee to submit a written application addressed to the management of the organization.

Issues about working time regimes are defined in the Labor Code. The working regime on a pre-holiday day is established in Article 95. In accordance with it, the duration of the working day on such a day should be reduced by one hour.

According to the law, a shortened pre-holiday day is:

That labor day that comes before Russian public holidays.
It is worth understanding that only those holidays that are prescribed in the Labor Code in Article 112 are recognized as public holidays. Such holidays are:

From the first to the fifth of January – New Year celebration;
The seventh of January is Christmas;
The twenty-third of February is Defender of the Fatherland Day;
The eighth of March is International Women's Day;
The first of May is Labor Day;
The ninth of May is Victory Day;
The twelfth of June is Russian Independence Day;
The fourth of November is National Unity Day.

Rules for reducing pre-holiday days

Work on a pre-holiday day according to the Labor Code is reduced in accordance with the following rules:

The pre-holiday working day to be shortened must occur immediately before the public holiday. If the holiday falls on Monday, then Friday is not recognized as a pre-holiday day and, therefore, will not be shortened.
The work shift on the pre-holiday working day is shortened for absolutely all workers: for those who work a five-day or six-day work week; for those who work part-time and for those who work part-time or part-time.

An alternative to reducing shift hours

There are the following nuances of shortening pre-holiday days:

Not all organizations have the opportunity for employers to shorten the pre-holiday working hours for their employees. The Labor Code, in this regard, provides that the working day may not be reduced. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order to be able not to reduce their working hours, the directors of such companies must correctly fill out all the necessary papers.
There are cases when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position the employee holds and the responsibilities he performs. All company directors must draw up a list of positions for which the duration of the pre-holiday working day is not reduced, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
All employers who have not reduced the duration of the pre-holiday day are required to compensate for this. Compensation is carried out in the form of cash payment for overtime or in the form of additional work. rest on other days.

The pre-holiday day is an hour shorter

Everyone knows that the day before the holiday is an hour shorter. Legislators have enshrined this rule directly in the Labor Code of the Russian Federation (Article 95 of the Labor Code of the Russian Federation). It applies to those workers who have a normal working time of no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation), and those who have reduced or part-time working hours. After all, the Labor Code of the Russian Federation does not provide any exceptions for such categories of workers.

The standard working hours in the week on which the pre-holiday day falls must be adjusted (due to the reduction of the pre-holiday day by 1 hour). Moreover, regardless of whether the organization works on a five-day or six-day work week.

Since the standard working time is determined taking into account the fact that the pre-holiday day is an hour shorter (clause 1 of the Procedure, approved by Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 N 588n), this does not lead to a reduction in wages for salaried employees.

If the holiday is established by law of a subject of the Russian Federation

In turn, an organization operating in a given region is obliged to comply with the requirements contained in the regulatory legal acts of the constituent entity of the Russian Federation. And if a non-working day has been established in the region due to a religious holiday, then the employer does not have the right to force its employees to work on this day. He can attract workers to work under such circumstances only in exceptional cases (

Payment for pre-holiday days according to the Labor Code

Time tracking and timesheets

Work on holidays according to the Labor Code

Who doesn't love holidays? Everyone loves it. If only because on officially established holidays, most Russians do not work.

Labor Code of the Russian Federation: shortened pre-holiday working day

And work on a pre-holiday day according to the Labor Code of the Russian Federation. If the pre-holiday day falls on a weekend, then the duration of the working day preceding it does not decrease (Article 95 of the Labor Code of the Russian Federation).

Work on a holiday day

reduced working hours (

In organizations where a six-day work week is established, the duration of work on a pre-holiday day should be no more than five hours.

Why is it an hour shorter?

Some citizens wonder why the pre-holiday day is an hour shorter? The government introduced this privilege so that working citizens could best plan and spend weekends and holidays.

An employer extends a shortened working day - what to do?

Work without shortening the pre-holiday day will be overtime work. In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. An option with monetary compensation is also possible. However, this option can only be used with the written consent of the employee.
A working citizen can take advantage of additional rest for overtime on a pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main leave.
The employer has every right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation must be reflected in the company’s internal regulations.
The Labor Code does not establish any restrictions on the periods when additional benefits can be provided. rest. In this regard, each organization must independently establish these periods in its internal regulations.
If company directors do not provide their employees with any compensation for not shortening the pre-holiday day by 1 hour, the director may receive administrative liability. It is even possible to suspend the activities of the entire organization.
Compensation is made with the consent of the employee, but not at his request. He cannot independently choose what compensation to receive - in the form of additional compensation. rest or in the form of additional payment. The employer takes the initiative, and the employee decides whether to agree or not.
A working citizen needs to know that with monetary compensation, overtime is paid at one and a half times the rate.
If the employee agreed to receive monetary compensation, this fact will need to be documented in writing. It is necessary for the employee to submit a written application addressed to the management of the organization.

According to the law, a shortened pre-holiday day is:

That labor day that comes before Russian public holidays.
It is worth understanding that only those holidays that are prescribed in the Labor Code in Article 112 are recognized as public holidays. Such holidays are:

From the first to the fifth of January – New Year celebration;
The seventh of January is Christmas;
The twenty-third of February is Defender of the Fatherland Day;
The eighth of March is International Women's Day;
The first of May is Labor Day;
The ninth of May is Victory Day;
The twelfth of June is Russian Independence Day;
The fourth of November is National Unity Day.

Rules for reducing pre-holiday days

Work on a pre-holiday day according to the Labor Code is reduced in accordance with the following rules:

The pre-holiday working day to be shortened must occur immediately before the public holiday. If the holiday falls on Monday, then Friday is not recognized as a pre-holiday day and, therefore, will not be shortened.
The work shift on the pre-holiday working day is shortened for absolutely all workers: for those who work a five-day or six-day work week; for those who work part-time and for those who work part-time or part-time.
If before a holiday a replacement of working and non-working days is carried out (for example, any day of the work week and Saturday are swapped), then working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself. If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.

An alternative to reducing shift hours

There are the following nuances of shortening pre-holiday days:

Not all organizations have the opportunity for employers to shorten the pre-holiday working hours for their employees. The Labor Code, in this regard, provides that the working day may not be reduced. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order to be able not to reduce their working hours, the directors of such companies must correctly fill out all the necessary papers.
There are cases when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position the employee holds and the responsibilities he performs. All company directors must draw up a list of positions for which the duration of the pre-holiday working day is not reduced, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
All employers who have not reduced the duration of the pre-holiday day are required to compensate for this.
Compensation is carried out in the form of cash payment for overtime or in the form of additional work. rest on other days.

The pre-holiday day is an hour shorter

If the holiday is established by law of a subject of the Russian Federation

Part-time work can be established by agreement between the employee and the employer, both at the time of hiring, and later, with an employee already working full-time. How should the pre-holiday day be worked when working part-time?

Is part-time work a right or an employer's obligation?

As a general rule, the establishment of part-time work is the result of an agreement between the employer and the employee. However, an employer cannot transfer an employee to part-time work without serious grounds. Such a reason could be, for example, a change in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation).

But the employee’s desire to work part-time is usually not enough.

At the same time, the Labor Code of the Russian Federation provides for cases when the employer is obliged to transfer an employee to part-time work (Part 1 of Article 93 of the Labor Code of the Russian Federation):

at the request of a pregnant woman;
at the request of one of the parents (guardian, trustee) who has a child under the age of 14 years (a disabled child under the age of 18);
at the request of a person caring for a sick family member in accordance with a medical report issued in the manner established by Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 No. 441n.

Payment for part-time work is made in proportion to the time worked or depending on the volume of work performed (Part 2 of Article 93 of the Labor Code of the Russian Federation).

Part-time working hours on holidays

Moreover, labor legislation stipulates that part-time work does not entail restrictions for employees on their other labor rights (Part 3 of Article 93 of the Labor Code of the Russian Federation).

Consequently, a shortened pre-holiday day for a part-time employee must be provided along with full-time employees.

The above means that if an employee has a 4-hour working day, then, for example, on Wednesday 02/22/2017, preceding Defender of the Fatherland Day (Article 112 of the Labor Code of the Russian Federation), the working day should be 3 hours.

All employers are well aware that they must reduce the duration of work on the day before the holiday by one hour. But many people have a question: is it necessary to shorten the pre-holiday day when working part-time? The answer to this can be found in the next article.

Should working hours be reduced for part-time workers?

This question arises among employers due to the fact that employees working part-time shifts already work several hours less than everyone else.

The answer to this question is given by the Labor Code, article ninety-third. It says that citizens who work part-time or part-time shifts have the right to enjoy the same privileges and rights as all other employees. Also, the ninety-fifth article establishes a shortening of the pre-holiday day, but it does not say about any restrictions for part-time workers.

Such rights and privileges include: receiving paid leave, accruing work experience, shortening the pre-holiday day, as well as all other labor rights. That is, part-time working hours on holidays are also reduced by one hour.

Documenting

Personnel employees must fill out a document such as a time sheet. On pre-holiday days, the timesheet should indicate a reduction in working hours. That is, if the working day is eight hours, seven hours are written on the report card.

When accounting for the time of citizens who do not work all day, it is necessary to do the same. For example, if an employee works five hours a day, four hours are entered on the report card.

Difficulties can only arise when an employee works only an hour or less per day. In such a situation, it is necessary to indicate the number of hours on the timesheet - zero.

When the pre-holiday day is not shortened

The pre-holiday day for part-time work may not be shortened only in one situation. If after it there is a standard day off before a non-working holiday, the reduction will not be carried out.

Overtime on a pre-holiday day by part-time workers

Reducing the length of the working day is impossible in those organizations that carry out important continuous production or are engaged in serving the population.

If it is not possible for an employee working on a part-time basis to reduce the duration of work on holidays, overtime can be compensated in two ways:

providing additional rest time in the amount of no less than the time worked overtime;
pay overtime work at an increased rate.

The amount of additional payments for overtime work can be determined in a collective or labor agreement. The main thing is that it is no less than the minimum size defined in the Labor Code, article one hundred and fifty-two.

Salary

If a part-time employee is paid based on the number of hours worked, he will still receive the salary for the reduced hour. Moreover, it will be paid at the same rate as usual.

Part-time work– part-time mode, in which an employee works part-time (shift) or part-time week ().

Partial schedule at the request of the employee

For part-time work organization can transfer any employee at his request (application) or by agreement of the parties to the employment contract. When establishing a part-time working schedule must be concluded with an employee an additional agreement to the employment contract (Article 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 as requested:

pregnant woman;
one of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);
an employee who cares for a sick family member in accordance with a medical report.

Employees for whom the employer is obliged to establish part-time work schedule, can express their wishes regarding the work schedule. For example, a pregnant employee has the right to ask that her work day begin two hours later than other employees. The employer, in turn, is obliged to take into account the wishes of such an employee. At the same time, the employer makes a decision on the work schedule taking into account the specifics of production.

The employer is obliged to establish a part-time schedule for any period convenient for the employee. But no more than for the period of circumstances due to which the employee was introduced to part-time work. For example, if an employee asked for a part-time 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 for whom the employee is caring (Article 93 of the Labor Code of the Russian Federation).

The current legislation does not provide for a specific duration of working hours with a part-time schedule. Set a work schedule by agreement 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.

Partial schedule at the initiative of the organization

An organization may introduce part-time work on its own initiative (taking into account the opinion of a trade union, if there is one in the organization). This is allowed during the period of organizational and technical measures that entail significant changes in working conditions. If such changes could lead to mass layoffs, the administration has the right to establish a part-time working regime for up to six months. This restriction is provided for by Part 5 of the Labor Code of the Russian Federation.

Employee application for establishment of part-time working hours

To the director
LLC "Gasprom"
A.V. Ivanov

from the chief accountant
A.S. Petrova

STATEMENT

on establishing a part-time working regime

Based on Article 93 of the Labor Code of the Russian Federation, in connection with current family circumstances (long-term illness of a child), I ask you to allow me to work part-time from 02/17/2018 (with the establishment of a working week from Monday to Thursday) until the reasons that caused such a need are eliminated.

16.01.2019 . . . Petrova. . . . . A.S. Petrova

How to register a part-time employee

Part-time work is a special mode of work. You will learn about how to fill it out 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 short-time working the same thing?
No, these are different working hours.

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Is an additional day of rest during a part-time work week considered a day off?

Yes, it counts. Did you need to set up part-time work for any of your employees? Then it is necessary to remember that this mode of work determines a special procedure for remuneration. Therefore, it is very important to prepare all personnel documents without errors. But do all of you remember in what case and which employees have the right to work like this? And do you know what difficulties you might encounter?

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Who is entitled to part-time work?

Pregnant women have the right to work part-time. The following working conditions are established for them:

reduced duration of daily work (shift) by a certain number of hours on each day of the work 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.

Women's daily work 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 production conditions, women can be assigned a different working time. Other categories of employees may also work part-time. It is important not to confuse this work schedule with shortened working hours.

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Who is eligible for part-time work?	Conditions for granting part-time work	Legislative act
Pregnant woman		Part one
One of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age)	The employer is obliged to establish, at the request of the employee	Part one art. 93 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 medical certificate issued in accordance with the established procedure,	Part one art. 93 Labor Code of the Russian Federation
An employee undergoing training in an organization and performing work under an employment contract	The employer may establish by agreement with the employee
Postgraduate student studying in postgraduate course via correspondence course	The employer is obliged to establish one day off from work per week with payment in the amount of 50 percent of the salary received, 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 employee’s request,	Part Three; Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”
All employees, if a change in organizational or technological working conditions may entail their mass dismissal	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 who has a child under 14 years of age, does an employer have the right to require a certificate or other document about the working hours of the second parent?

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How does part-time work differ from short-time work?

Criterion	Short working hours	Part-time mode
Salary	In the amount provided for normal working hours	Proportional to time worked or depending on the amount of work completed
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	Established by agreement of the parties
Who is it for?	For certain categories of workers who need increased labor protection measures (minors, disabled people, teaching and medical workers, etc.) ()	No restrictions are established by law

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How to pay an employee for part-time or part-time work

If an employee works part-time, she must 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). The average earnings of a worker for temporary disability benefits, maternity benefits and monthly child care benefits are determined in a similar way.

Irina M. works part-time and receives a salary depending on the volume of work performed (50 rubles per 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 worked more hours, this will be considered overtime. Therefore, the first two hours must be paid at least one and a half times the rate, and the subsequent hours - at least double the rate ().

You can request 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. receives 30,000 rubles for a part-time work week (36 hours per month). per month. On March 12, she was required to work three hours of overtime. Let's calculate the amount of the surcharge using the following formula:
E = (S: V x 1.5 x 2) + (S: V x 2 x (P – 2)), where
S – monthly salary;
V – number of working hours in March with a 36-hour work week;
P – duration of overtime work.
Thus, the additional payment amounted to 1000 rubles. = (30,000: 150.2 x 1.5 x 2) + (30,000: 150.2 x 2 x 1).

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How to formalize the transition to part-time work, order, additional agreement

Part-time working hours (part-time work week, part-time work day (shift)) are established in the employment contract. Therefore, first, based on the employee’s application, you need to draw up an additional agreement to the contract.

Note: Download the employment contract. The 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 times of work;
break time.

If, due to working conditions, it is impossible to maintain daily or weekly working hours (for example, an employee works on a staggered schedule), establish 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 each, and in the second and third weeks, 28 hours each. Thus, she works 96 hours a month. Elena has a summarized accounting of working time with an accounting period of one month. An employee’s salary for one hour of work is 150 rubles. Consequently, its amount for the month will be equal to 14,400 rubles. (96 x 150).

Then, based on the concluded additional agreement, issue an order establishing part-time work. Since there is no unified form for this document, you can compose it in free form. There is no need to make any entries in the employee’s work book.

Limited Liability Company "Gazprom"
TIN 7708123456, checkpoint 770801001
full name of the organization, identification codes (TIN, KPP)

ORDER No. 256
on the establishment of a part-time working day

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 manager A.S. Kondratiev has a part-time working regime for the period before starting his graduation project and passing state exams.
A.S. Kondratiev is given the following working hours:
– start – 8.30;
– end – 15.50;
– lunch break – 12.00–13.00.
2. Accounting department of wages A.S. Kondratyev to produce in proportion to the actual time worked.

Reason: statement by A.S. Kondratieva.

General Director ______________ A.V. Ivanov

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How to set up part-time work

Experts' opinions

- Working part-time does not entail any consequences for the employee restrictions on her labor rights. The duration of the annual basic paid leave, length of service, the right to child care benefits and sick leave are preserved.

- In case of a part-time work week, an additional day of rest is a day off for the employee. You can involve an employee in work on this day only with her written consent (). It is prohibited to employ pregnant women during these days (part one).

- Part-time working hours are established in an additional agreement to the employment contract employee based on his written application. Then, in accordance with this agreement, the employer needs to issue an order to establish an individual regime for the employee. Just remember that there are no entries in the work book there is no 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 sick leave benefits based on the minimum wage for a part-time employee

When calculating sick leave benefits from the minimum wage for an employee who, at the time of the occurrence of an insured event, was set to work part-time, 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 the employee is set to work part-time

Minimum wage

Established for an employee on a part-time basis
------------
Number of working hours per day (week) during normal working hours

Calculate the daily allowance taking into account the employee’s length of insurance:

Daily allowance

Average daily earnings for part-time work

Benefit amount as a percentage of the employee’s average daily earnings
(100%, 80%, 60%)

How to calculate B&R benefits for an employee who is assigned part-time work

According to general rules. If the average monthly earnings are at the start date of maternity leave, then calculate the benefit based on the minimum wage, taking into account the length of working hours.

To calculate maternity benefits, you need to calculate your average daily earnings. As a general rule, it is determined as follows: divide the total amount of earnings, which is accrued for the billing period and is subject to social insurance contributions, by the sum 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 working hours (Part 3.1 of Article 14 of the Law of December 29, 2006 No. 255-FZ, clauses 15, 15.2, 16 of the Regulations 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 start date of maternity leave. In this case, to calculate the average daily earnings, you need to use the minimum wage. The minimum wage itself is reduced in proportion to the employee’s working hours. 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 Regulations approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375.

An example of calculating maternity benefits for an employee who is scheduled to work part-time

E.I. Ivanova works at 1/2 rate. In July 2018, Ivanova goes on maternity leave. The billing period is 2016–2017. By the time maternity leave began, the employee’s total insurance experience exceeded six months, so the benefit is calculated based on the earnings she actually received. The billing period has been fully worked out. There were no days excluded from the calculation 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 employee's average monthly earnings for the billing period were:

(RUB 80,000 + RUB 90,000): 24 months. = 7083.33 rub./month.

The minimum wage as of the start date of maternity leave is 9,489 rubles. But since Ivanova was working at 1/2 rate at that moment, this value must be reduced.

The minimum wage amount calculated based on the employee’s work schedule is: 9,489 rubles. : 2 = 4744.50 rub.

Thus, the employee’s average monthly earnings in the billing period in terms of a full month (RUB 7,083.33) is greater than the minimum wage as of the start date of maternity leave (RUB 4,744.50). Therefore, when calculating benefits, we determine the average daily earnings based on the actual earnings received:

RUB 170,000: 731 days. = 232.56 rub./day.

The total amount of maternity benefits was: 232.56 rubles. × 140 days = 32,558.40 rub.

Is it necessary to reduce child care benefits if the employee worked part-time during the billing period?

Typically, the length of the working day does not affect the amount of child care benefits up to 1.5 years. The payment depends only on the average daily earnings for the last two calendar years that precede 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 earnings in the billing period are below the minimum wage, the benefit is calculated based on the minimum wage. Should I use it? part-time ratio, depends on what working conditions the employee had at the time the vacation began. If he worked full time, the coefficient does not apply. Adjust the minimum wage in proportion to working hours only if there was a part-time working schedule before the vacation.

An internal part-time worker can work in his organization in the same position as his main job, features of part-time work.

The current economic situation has forced many organizations to reconsider their work patterns. One of the ways to overcome the difficulties associated with a decrease in production volumes was the transition to part-time work. That's what we'll talk about.

Defining the terms

Part-time work is a form of employment in which the employee’s working hours are less than those established by law. By agreement between the applicant and the employer, upon hiring, and also subsequently, a shortened day can be established (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not define the concept of “part-time working”. But the International Labor Organization Convention (06/24/1994) No. 175 defines this term as working time, the duration of which is less than the normal working day. It should be noted that the mentioned document has not been ratified by Russia. But commitments were made to review its provisions for approval by Russian trade unions and employers' associations.

Part time

The Labor Code states that several options for organizing work in this mode are possible:

Reduce the length of the working day or shift by certain hours (all working days of the week are reduced).
Reduce the number of working days per week, but still maintain the usual working hours or shifts.
Reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in the week.

However, one should not confuse part-time work with shortened work, which is referred to in Article 93 of the Labor Code of the Russian Federation and which is established for certain categories of citizens. For example, for persons under sixteen years of age, disabled people, students, workers employed in hazardous areas of production, etc. For such employees, reduced working hours are the full norm. If you are interested in any information regarding your rights or working conditions, you can always read the Labor Code with comments. There the explanations are presented in detail and in an accessible form.

Time sheet for part-time work

Everyone knows that HR officers at an enterprise keep time sheets. It is then that the accounting department uses when calculating wages. Therefore, the time sheet is one of the main documents for the HR department.

So, in it, accounting for part-time work, at the request of the employee, is marked with the code “NS” or “25” (according to the resolution of the State Statistics Committee of January 5, 2004 No. 1). In this case, we are talking about part-time work, since non-working days during a shortened week will be celebrated as weekends.

Wages and holidays

Part-time work will be paid differently from regular work. The fact is that in the conditions of carrying out activities in this mode, there is a clear reduction in wages. And this is logical. Accrual will be carried out in proportion to the time that the employee worked, or for the volume of work performed by him (Article 93 of the Labor Code of the Russian Federation).

But vacation with part-time work is exactly the same as with a regular schedule. When calculating vacation pay, other labor rights are also taken into account. In fact, short working hours do not affect the duration of annual leave. Calculation of average daily earnings for the calculation of business trips, sick leave and vacation pay occurs in the usual manner, according to regulatory documentation. Changing the employee’s work schedule during the billing period does not play a role.

At the same time, if they want to involve a person in performing a task outside the schedule that is established for him, then this type of activity will already be considered overtime work (Article 99, 152 of the Labor Code of the Russian Federation), and therefore will be paid accordingly.

Work on your days off during a shortened work week is also paid at an increased rate (Articles 153, 113 of the Labor Code of the Russian Federation).

We have introduced you to the main points regarding remuneration if you are employed part-time. The Labor Code protects the interests of citizens. However, it should be remembered that in practice the norms that are clearly outlined in regulatory documents are not always followed. That’s why we need to know our rights in order to monitor their compliance.

Registration of part-time work

Sometimes it happens that people need to reduce their time at work for some objective reasons. And they ask the question: “How to apply for part-time work?” It's not difficult at all.

We have already said earlier that initially, by agreement of the parties, a corresponding employment contract can be drawn up. Part-time work is stated in it as the working mode of a certain employee.

In what other cases is the employer obliged to transfer the employee to a reduced work schedule?

Article 93 of the Labor Code of the Russian Federation specifies the following categories of citizens:

Pregnant women.
Parent of a child under fourteen years of age. This could be the mother, father, or guardian.
Persons caring for a sick relative (with a medical certificate).

To switch to a new one, you just need to write an application for part-time work.

In addition, people on parental leave have the right to work on a special, shortened schedule. At the same time, they retain the right to receive social insurance benefits. Moreover, this opportunity is available to both the child’s mother and father, grandmother, grandfather, and guardian, who actually care for the baby (Article 256 of the Labor Code of the Russian Federation).

As we said above, transfer to part-time work occurs at the request of the employee upon submission of an application.

Let's give an example of such a document.

I am asking you to transfer me to part-time work (seven working hours a day) from 10/01/2012 to 12/31/2012 due to pregnancy.

A certificate of pregnancy is attached.

Based on the application, the personnel officer writes an order for part-time work. See sample below.

About transferring to part-time work

Based on the statement of accountant A. A. Ivanova dated September 29, 2012 and in accordance with the Labor Code of the Russian Federation, Art. No. 93

I order:

1. Provide accountant A. A. Ivanova with part-time work from 10/01/2012.

2. Set the following work schedule for accountant A. A. Ivanova:

Five-day work week with two days off.
Reducing the duration of daily work by one hour.
The working week is thirty-five hours long.
Working hours: Monday - Friday: from 9:00 to 17:00, lunch break: from 13:00 to 14:00.

3. The accounting department will pay A. A. Ivanova’s salary in proportion to the time she worked.

4. Entrust control over the implementation of the order to Deputy V.V. Khorkina.

Director Vasechkin I.V.

The following have been familiarized with the order:

Change of employment contract

If one of the employees at the enterprise has a working schedule different from the generally accepted one, this must be reflected in the employment contract (Article 57 of the Labor Code of the Russian Federation). If changes have occurred recently, then it makes sense to make some adjustments. It is not necessary to completely change it; it is enough to draw up an additional agreement that will reflect the innovations.

All agreements or additions to them are made only in writing (Article 72 of the Labor Code of the Russian Federation).

Up to this point, we have considered only those cases when the initiator of a change in the work schedule is the employee himself. But it often happens that for a number of reasons the previous provisions of the employment contract cannot be maintained. Then they can be changed by the employer’s decision. In this case, the company is obliged to inform its employees in advance about the upcoming changes and the reasons that led to this. The employer notifies employees that they will be transferred to part-time work 74) no later than two months in advance.

Such changes are possible when an enterprise is faced with a choice: either carry out a mass layoff of workers, or, in order to preserve a certain number of jobs, introduce a part-time working day (see the code with comments). The law provides for such a procedure for up to six months.

We emphasize that the indicators of mass layoffs are defined in intersectoral and territorial agreements (Article 82 of the Labor Code of the Russian Federation). The most striking example of such a situation can be a large reduction in the number of employees due to the liquidation of an organization or the reduction of entire divisions of the enterprise.

Part-time work (the Labor Code of the Russian Federation contains such information) is then established by a single order for the enterprise. Employees are notified in writing against signature. Moreover, consent or disagreement to work in changed conditions is written down right there, in the order, or in a separate document. According to the Labor Code, if a person does not want to work according to the new schedule, the employment contract with him is terminated automatically (clause 2, part 1, article 81). In this case, the employee is paid compensation.

Of course, all changes in the employment contract should not worsen the situation of employees, in comparison with the clauses. The abolition of the part-time regime earlier than the period for which it was introduced is carried out by the enterprise with the participation of the trade union organization.

Part-time work for moms

Let's now take a closer look at the issue of part-time work for women. We have already mentioned that while on maternity leave, a woman has every right to go to work part-time. In this way, the young mother will be able to get back into the swing of things and not lose her qualifications. How to properly register such an employee for work?

Let us remind readers that parental leave is issued by mothers until their son/daughter reaches the age of three (Article 256 of the Labor Code of the Russian Federation). During this period, they retain their jobs. Article 256 of the Labor Code of the Russian Federation, part 3 states that a woman can go to work at this time on a part-time basis. It turns out that until the baby turns three years old, his mother can be on vacation and work at the same time.

Features of reduced working hours for women

Part-time work can be set for a woman for any period of time (if we are talking about the mother of small children). There are no restrictions in this regard in the labor code. That is, two options are possible. First: the event before which adjustments are made to the employee’s work schedule is indicated. And the second option does not provide any dates.

The law does not indicate exactly what the length of the working week should be in this case. In fact, a woman can work a couple of hours a week, and thirty-nine... This issue is not regulated by law.

If an employee works more than the established norm, then these are overtime hours, which must be paid separately.

Note that breaks for feeding an infant are included in working hours (Article 258 of the Labor Code of the Russian Federation). According to the employee herself, who has a baby under the age of one and a half years, she is provided with hours for feeding, in addition to a break for rest and food.

Also, women with part-time work have the right to a shortened pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm, the young mother is either compensated financially, such as overtime, or she is given an additional day off.

In the report card, the hours worked by the woman are entered under the code “25” or “NS”.

For a part-time working week, the number of days worked is indicated, and for a part-time working week, the actual hours worked. Weekends are entered under the code “26”.

Filling out a report card for a young mother has its own characteristics. After all, she is actually at work and on maternity leave at the same time, which frees her from the obligation to work. Therefore, as a rule, two corresponding codes are entered into the document. To do this, an additional line is added to the timesheet.

How to reflect on breaks for feeding a child? There is no clear answer. Two options are offered. In the first case, you can simply mark this time as working time, because that’s what it actually is. And the salary will be calculated according to the order based on average earnings, because breaks are paid according to the average.

And in the second case, they propose to show feeding times on the time sheet, which, according to many experts, is not very convenient and even pointless.

Paperwork for a young mother

If a woman who is on maternity leave is initially hired on a part-time basis, this is stated in the employment contract. The employment order must contain a schedule of its activities, indicating a lunch break and days off. Salary is calculated in proportion to the time worked.

But if an already working employee needs to be transferred to part-time work, then she writes an application for this. In it, she indicates the reason for her request (the presence of a child under three years old) and the period for which she plans such changes. The transfer of the woman to will be formalized by order. It is also advisable to make an addition to the employment contract, which will indicate the changes - this is the more correct thing to do.

Is it possible to transfer to another job?

When a woman switches to part-time work, it is possible to transfer her to another site. Of course, a similar position should be provided. Moreover, such a transfer is not even entered in the work book.

In order not to deal with bureaucracy and not to hire an employee for a permanent job, you can take a different route. As you know, there are civil contracts that are drawn up to perform a certain type of work. With their help, you can attract a woman to regular or irregular cooperation with the enterprise. The work performed by her will be accepted using acceptance certificates. Payment will be made in accordance with the agreement. This option is beneficial for both the enterprise and the woman.

Summing up the topic, I would also like to emphasize that the employee has the right to return to full-time work at any time. For this, only her desire and a written statement are enough. There are no legal restrictions in this regard. Based on the application, the personnel officer prints the order.

Instead of an afterword

In our article, we tried to understand as much as possible the nuances of registering part-time work. To summarize, I would like to advise that if you have any questions regarding labor legislation, refer to a document such as the Labor Code with comments. And don’t let such a harsh name scare you. In it you can find answers to many topics that interest you. We hope that our article will be useful to you.

Shortened working hours and part-time working week. Pre-holiday day with part-time work. How to deal with part-timers

Time tracking and timesheets

Why is it an hour shorter?

Shorter working day. Shortened pre-holiday working day according to the Labor Code of the Russian Federation

Commentary on Article 95 of the Labor Code of the Russian Federation

Another comment on Art. 95 Labor Code of the Russian Federation

How to shorten the pre-holiday day when working in shifts?

Time tracking and timesheets

Work on holidays according to the Labor Code

Work on a holiday day

Why is it an hour shorter?

An employer extends a shortened working day - what to do?

Reduction of working hours on a pre-holiday day

Rules for reducing pre-holiday days

An alternative to reducing shift hours

The pre-holiday day is an hour shorter

If the holiday is established by law of a subject of the Russian Federation

Payment for pre-holiday days according to the Labor Code

Time tracking and timesheets

Work on holidays according to the Labor Code

Labor Code of the Russian Federation: shortened pre-holiday working day

Work on a holiday day

Why is it an hour shorter?

An employer extends a shortened working day - what to do?

Rules for reducing pre-holiday days

An alternative to reducing shift hours

The pre-holiday day is an hour shorter

If the holiday is established by law of a subject of the Russian Federation

Is part-time work a right or an employer's obligation?

Part-time working hours on holidays

Should working hours be reduced for part-time workers?

Documenting

When the pre-holiday day is not shortened

Overtime on a pre-holiday day by part-time workers

Salary

Partial schedule at the request of the employee

Partial schedule at the initiative of the organization

Employee application for establishment of part-time working hours

How to register a part-time employee

Is an additional day of rest during a part-time work week considered a day off?

Who is entitled to part-time work?

When establishing part-time work for an employee who has a child under 14 years of age, does an employer have the right to require a certificate or other document about the working hours of the second parent?

How does part-time work differ from short-time work?

How to pay an employee for part-time or part-time work

How to formalize the transition to part-time work, order, additional agreement

ORDER No. 256 on the establishment of a part-time working day

How to set up part-time work

Calculation of BENEFITS for BiR, child care, sick leave

How to determine the average daily earnings for calculating sick leave benefits based on the minimum wage for a part-time employee

How to calculate B&R benefits for an employee who is assigned part-time work

An example of calculating maternity benefits for an employee who is scheduled to work part-time

Is it necessary to reduce child care benefits if the employee worked part-time during the billing period?

Defining the terms

Part time

Time sheet for part-time work

Wages and holidays

Registration of part-time work

Change of employment contract

Part-time work for moms

Features of reduced working hours for women

Paperwork for a young mother

Is it possible to transfer to another job?

Instead of an afterword

ORDER No. 256
on the establishment of a part-time working day