A natural question arises. Is it possible to introduce part-time work at the initiative of the employer if there are no signs of widespread occurrence? For example, in cases where changes in organizational or technological working conditions affect individual structural units or even individual employees.
Obviously, the signs of mass participation cannot be considered in this case as determining the possibility/impossibility of introducing part-time work at the initiative of the employer. A reduction in an employee’s working hours at the initiative of the employer is possible only as a result of changes in organizational or technological working conditions. And if this is exactly what we are dealing with, the situation of one worker cannot be worsened compared to the situation of a hundred workers.
The direct link is: change in working conditions - part-time work. The mass criterion is additional. Necessary if part-time work is established for all employees of the enterprise.
This point of view is shared by all the GITs that I met during the network trawling. This point of view was once expressed to me by my native GIT. They have no discrepancies on this matter.
I provide an explanation from the prosecutor's office on this same issue. The text does not mention the possibility of mass layoffs at all. A sufficient reason is, again, a link: a change in working conditions - part-time work.
The prosecutor's office explains
It is unlikely that there will be anyone who allows in this case the possibility of dismissing an employee under clause 7. Part 1 of Article 77 of the Labor Code with the employer maintaining a ruddy appearance and an upright gait.
Further. The concept of “rate” refers to the area of remuneration. But not to the length of working hours. Normal working hours are 40 hours. There is also a shortened duration of RT and incomplete RT.
“Rate reduction” is a household term that is not relevant. The position may be reduced, the number of employees may be reduced. But wages cannot be reduced. It can be reduced. For example, in the case of a reduction in job responsibilities. It may also change if working hours decrease. And regarding the reduction of working hours at the initiative of the employer, see the already tired Article 74 of the Labor Code.
Thus, in my opinion, the expression “reduction of 0.5 rates” means a reduction in the working hours of a given employee due to technological or organizational changes in labor. Reducing working hours = establishing part-time work.
Options:
1. Statement from the employee.
2. Introduction of NRT at the initiative of the employer on the basis of the provisions of Article 74 of the Labor Code. Every 6 months, take a break and again document the reasons for establishing the NRT regime.
If the employee does not agree, lay him off. It is in this case, specifically stipulated, that it is possible to lay off an employee while maintaining this position in the ShR.
3. Introduction to the ShR of a similar (but not completely identical) position at 0.5 rates.
It was: florist – 1.0.
Now: florist – 1.0
florist – gladiolus grower -0.5.
Earlier I talked about introducing a completely identical unit. Bullshit comes out. Because in this case a translation will be carried out. And the translation between florist and florist is impossible.
Fly with greetings, come back with an answer.
Kiss. Yours forever.
Reply from 02/01/2015 14:52
You don't have a full rate cut. Therefore, your situation falls under Article 74 of the Labor Code of the Russian Federation with the corresponding consequences.
Article 74. Changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions
In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. In the event that the reasons specified in part one of this article may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code, to adopt local regulations , introduce a part-time working day (shift) and (or) part-time working week for up to six months. If an 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 one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation. Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization. Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement or agreements.
Compensation in this case is provided for in Article 178 of the Labor Code of the Russian Federation: (extract)
Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract due to:
The employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of this Code).
An order to transfer to 0.5 rates is prepared, as a rule, when the employee’s workload is reduced. This document can be prepared at the initiative of any party to the labor relationship. Order for transfer to part-time work, sample download To transfer an employee to part-time work, the following documents are required: How to draw up The order is drawn up in any form. The structure of the document is as follows:
- the header indicates the name of the organization and the place where the order was issued;
- the title of the document is indicated: “Order on establishing a part-time working day for an employee”;
- This is followed by a text indicating the reason that prompted the manager to make such a decision, and a list of orders is provided.
- Part-time transfer (application, notification, order)
In this case, you can carry out a downsizing procedure by reducing the full-time salary, dismiss the employee due to the reduction, and then (after some time) introduce a half-time employee into the staffing table. At the same time, the employer is not obliged to offer the employee a vacancy that will open after his dismissal (these part-time jobs) - the law requires offering only those vacancies that are open in the period from the day of notice of layoffs to the day of dismissal, inclusive. If you want to offer an employee to take part-time jobs, you should enter a slightly modified position (labor function) in the staffing table, indicating the number at a given rate of 0.5 units.
Reduction of the rate by 0 5 at the initiative of the employer
We reflect information about the change in the tariff rate by 0.5 in the employee’s personal card in column III. When an employee changes their working hours, there is no need to make an entry in the work book. Transfer by 0.5 rate to another position. § When transferring an employee to 0.5 rate and to another position (for example, to easier work), some points are added to the registration procedure: - if the staffing table does not provide for free rates for the position for which the employee is applying, then the employer has the right to refuse the employee in translation.
§ We conclude an additional agreement to the employment contract. In it we indicate: -new salary; -new working conditions; - new position and responsibilities of the employee. § Do not forget to familiarize the employee with all local regulations relating to the new position before signing. § We issue an order to transfer to another position at 0.5 rates.
Reduction of rate at the initiative of the employer
If the change in mode and load occurs by mutual agreement, then it is enough to indicate in the order the agreement of the parties. From the answer “How to formalize dismissal when reducing the number or staff” 2. Answer: Can an employer establish a part-time working regime on its own initiative Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia Establishing a part-time working regime on the initiative of the employer is allowed (with taking into account the opinion of the trade union - if there is one in the organization) 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 in Part 5 of Article 74 of the Labor Code of the Russian Federation.
Is it acceptable to reduce the rate by 0.5?
Perm Regional Court dated October 3, 2011 No. 33-9870). However, the employer should not offer the redundant employee positions that became vacant in the organization after the date of his dismissal, including the next day. Since, if until the dismissal of a redundant employee, another employee occupies a position, the employer cannot offer him a transfer to such a position (Part.
3 tbsp. 81
Labor Code of the Russian Federation). The courts take a similar position (see the appeal ruling of the Sakhalin Regional Court dated March 13, 2014 in case No. 33-625/13). From the answer “How to formalize dismissal due to a reduction in headcount or staffing” 4. Answer: How does the transfer of an employee differ from the relocation of an employee Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment It is necessary to distinguish between a transfer to another job within the same organization and a relocation.
We issue an order for transfer to 0.5 rates
Important
In the column “Number of staff units” the value 0.5 is entered, and in the column “Salary (tariff rate)” the value of the salary or tariff rate is entered, proportional to the time worked by the employee, that is, half of the tariff rate or salary. Transferring an employee to half-time A half-time reduction does not refer to a reduction in staff or number of employees, since the employee still remains employed part-time. In this case, there is simply a change in some terms of the employment agreement to reduce the amount of work performed.
As a general rule, changes to the terms of an employment agreement are possible only with mutual consent of the parties in accordance with Article 72 of the Labor Code of the Russian Federation. But in Art. 74 of the Labor Code provides for the possibility of unilaterally changing certain terms of the employment agreement.
Read more about staff reduction in the following articles: In this case, you can carry out the downsizing procedure by reducing the full-time rate, dismiss the redundant employee, and then (after some time) introduce half-time staffing. At the same time, the employer is not obliged to offer the employee a vacancy that will open after his dismissal (these part-time jobs) - the law requires offering only those vacancies that are open in the period from the day of notice of layoff until the day of dismissal inclusive. If you want to offer an employee a part-time position, you should enter a slightly modified position (job function) into the staffing table, indicating the number at a given rate of 0.5 units.
This new rate can then be offered to the employee subject to redundancy. Otherwise, you will not be able to transfer the employee to a vacant position.
Transfer to 05 rates to reduce paperwork
In both cases, the employee remains employed within the same organization. However, these concepts are not identical. When an employee moves, his workplace changes. At the same time, the terms of the employment contract and the labor function remain the same.
Attention
That is, the employee performs the same work when changing jobs. In this case, there is no need to obtain consent to move the employee himself. When transferring, the terms of the employment contract and the employee’s job function change.
An employee is considered transferred to a new position in the same organization (without changing location) if at least one of the conditions is met:
- change in the labor function provided for in the employment contract. At the same time, the place of work may change or remain the same;
- change in the structural unit in which the employee works.
It will only be necessary to make changes to the employment contract, issue an order establishing a part-time working schedule and change the staffing schedule. You will not have any questions about how to properly cancel a reduction in staff after reading the article at the link. If an employee refuses to transfer to part-time work, the employer does not have the right to arrange such a transfer on his own initiative, even in connection with a change in organizational or technological working conditions. According to Part 5 of Article 74 of the Labor Code of the Russian Federation, an employer can establish part-time working hours on its own initiative for no more than six months, and only in cases where a change in organizational or technological working conditions may entail mass dismissal of workers. The situation under consideration does not fall under the specified norm of the Labor Code of the Russian Federation.
A transfer is considered to be a change in job function or structural unit (if it was specified in the employment contract). In the case of a part-time transfer for the same position, there will be no transfer. Details in the materials of the Personnel System: 1. Answer: Is it necessary to follow the reduction procedure when transferring an employee from full-time to part-time Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment No, it is not necessary.* Reduction in number or staff is an independent basis for the dismissal of an employee ( P.
2 hours 1 tbsp. 81 Labor Code of the Russian Federation). When reducing the number or staff of an employer, the number of staff units is reduced or they are completely excluded from the staffing table. Transferring an employee to part-time work, for example due to a reduction in the volume of work, is a special case of changing the terms of the employment contract (Article 72 of the Labor Code of the Russian Federation).
To carry out this procedure, he needs to submit an application to the manager with a request to change his work schedule to part-time, that is, half-time. After the management of the enterprise makes a positive decision, the terms of the employment agreement change. A written agreement is concluded between the manager and the employee. Transfer to part-time (application, notification, order) Next, issue an order in free form, indicating the reasons, deadline and list of employees for whom part-time working hours are being introduced, as well as the procedure for calculating wages. § If the employee agrees to the new working conditions, then we conclude an additional agreement to the employment contract, indicating the validity period of the transfer to part-time work. § Fill out the working time sheet correctly, indicating the code “NS” or 25.
With employees who refuse to work under the new conditions, the employment agreement is terminated. It is worth paying attention Before terminating an employment agreement with an employee of an enterprise if he refuses to work under new working conditions, the employer is obliged in writing to offer the employee another vacancy available at the enterprise and corresponding to the qualifications of the employee or free lower or low-paid positions. If there is no such work or the employee refuses the offer, then the employment agreement is terminated in accordance with clause 7, part 1, article 77 of the Labor Code.
You can also competently transfer from a rate to 0.5 by hiring an employee to work part-time.
Question
Good afternoon
I am asking you this question: we need to lay off one legal employee. In the organization, the lawyer's position is abolished. We kindly ask you to explain this procedure - what documents we will need to prepare, in what time frame this procedure is carried out and other information. Thanks in advance for your answer!
Answer
One of the grounds for termination of an employment contract at the initiative of the employer is a reduction in the number or staff of employees of an organization or individual entrepreneur (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).
In order for dismissal on this basis to be lawful, the employer must prove the following:
a) actual reduction in the number or staff of the organization’s employees. Otherwise, an employee dismissed under clause 2, part 1, art. 81 of the Labor Code of the Russian Federation without sufficient grounds, is subject to reinstatement.
b) compliance with the preferential right to remain at work (Article 179 of the Labor Code of the Russian Federation), primarily for workers with higher qualifications and those who are prohibited from being fired (for example, pregnant women).
c) fulfillment of the obligation by offering the employee, taking into account his state of health, another available job (vacant position or job with corresponding qualifications, or a lower-paid job).
d) written warning to the employee of dismissal no later than two months in advance.
e) preliminary request:
- consent of a higher elected trade union body to the dismissal of the head (his deputy) of an elected collegial body of a primary trade union organization, an elected collegial body of a trade union organization of a structural unit of an organization (not lower than a workshop and equivalent to it), not relieved from his main job (hereinafter - the head (his deputy) ) an elected collegial body of a trade union organization) (Part 1 of Article 374 of the Labor Code of the Russian Federation).
- a reasoned opinion of the elected body of the primary trade union organization on the employer’s decision to dismiss an employee - a member of the trade union or the head (his deputy) of the elected collegial body of the trade union organization (in the absence of a higher elected trade union body) (Parts 1, 2 of Article 373, Part 13 of Art. 374 Labor Code of the Russian Federation).
It is necessary to distinguish between the concepts of “downsizing” and “staff reduction”.
The number of employees is the list of employees. Accordingly, a reduction in numbers is a reduction in the number of people working in one position (for example, a reduction of two engineers out of eight).
The staff is a combination of managerial, administrative and other positions. As a rule, the staff is determined in accordance with the staffing schedule adopted in the organization.
Staff reduction is the exclusion of individual departments or identical staff units from the staffing table.
Therefore, in your case this is a reduction in numbers.
Termination of an employment contract due to a reduction in the number or staff of employees requires documentary confirmation. The employer must have all the necessary documents to recognize the dismissal procedure on this basis as legal.
order to reduce numbers or staff.
This document is drawn up in any form. It specifies which positions and how many units are subject to reduction. In addition, the date of introduction of these changes is reflected (taking into account a two-month warning period).
2. Order approving the new staffing table.
This document indicates the date on which the new staffing schedule begins to take effect. The order may also reflect the number of employees and the approved wage fund in accordance with the new staffing table.
3. New staffing.
The staffing table is drawn up according to a unified form. It must reflect the specific positions of employees, the number of staff units and official salaries or tariff rates.
4. Personal file of each candidate for dismissal.
Labor legislation does not provide for the maintenance of personal files in relation to all categories of employees, but if there is a reduction in staff or numbers, the presence of such a package of documents will be significant evidence of compliance with the dismissal procedure with the risk of legal disputes.
You can file documents on the employee’s preemptive right, on his qualifications, and a commission protocol on the results of checking the employee’s qualifications.
5. Protocol (decision) of the commission based on the results of the analysis of the preferential right to remain at work.
This document confirms the legality of the decision to keep a specific employee at work due to his preemptive right.
The commission is created on the basis of an order from the employer.
6. How to notify an employee of dismissal due to staff reduction.
In accordance with Part 2 of Art. 180 of the Labor Code of the Russian Federation about the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of the organization's employees, the employer must warn the employees personally and against signature at least two months before the dismissal. The employee must sign the notice to confirm that they received it. If the employee refuses to read the notice, then this document must be read out loud to him in the presence of witnesses and a report must be drawn up stating that the notice was presented to the employee, read out loud, but he refused to read it against signature.
7. Notification of the employment center about a reduction in numbers or staff.
The employer is obliged to notify the employment service authority in writing about the upcoming dismissal of employees due to a reduction in staff or numbers (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1).
An organizational employer must do this no later than two months, and an individual entrepreneur employer must do this no later than two weeks before the start of the relevant events.
As Rostrud noted in a letter dated September 26, 2016 N ТЗ/5624-6-1, the relevant information is presented in the prescribed form or in any written form, but indicating all the necessary information provided for in paragraph. 1 item 2 art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1.
For example, the form for submitting information about laid-off workers is given in Appendix 2 to the Regulations on the organization of work to promote employment in conditions of mass layoffs (approved by Resolution of the Council of Ministers - Government of the Russian Federation dated 02/05/1993 N 99).
8. Conditions for early dismissal of an employee when the number (staff) of the organization is reduced.
In accordance with Part 3 of Art. 180 of the Labor Code of the Russian Federation, the employer has the right to terminate the employment contract with the employee before the end of the period specified in Part 2 of this article, paying him additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. For such early termination of an employment contract, the employer must obtain the written consent of the employee.
9. Offering vacancies to an employee when there is a reduction in numbers or staff.
In accordance with Part 3 of Art. 81 of the Labor Code of the Russian Federation, an employment contract with an employee is terminated only if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. Vacancies in other localities are offered if this is provided for in a collective or labor agreement or agreement.
An offer to an employee of a vacancy can be included in the text of the notice of upcoming termination of the contract or issued as a separate document.
If the employee refuses to be familiarized with signature, it is necessary to draw up an appropriate act proving that the employer has fulfilled this obligation (see the Determination of the Moscow City Court dated September 28, 2010 in case No. 33-30331).
If the employee agrees to the transfer, the employer needs to conclude an additional agreement with him to the employment contract and issue an appropriate order (Form N T-5).
10. Notification of the elected body of the primary trade union organization about the decision made to reduce the number or staff of employees.
In accordance with Part 1 of Art. 82 of the Labor Code of the Russian Federation, the employer is obliged to inform the specified body in writing about the upcoming reduction in the number or staff of employees no later than two months before the start of the relevant measures (in case of mass layoffs - three months).
11. A document containing a reasoned opinion of the elected body of the primary trade union organization.
Such a document is drawn up in any form (in the form of minutes of a meeting of the commission to consider the employer’s appeal).
12. Protocol of disagreements.
This document is drawn up in the event of additional consultations with the trade union (Part 3 of Article 373 of the Labor Code of the Russian Federation).
13. Act on the absence of a reasoned opinion on the part of the elected body of the primary trade union organization.
This document is drawn up by the employer in the event of failure to receive a reasoned opinion within seven days (Part 2 of Article 373 of the Labor Code of the Russian Federation). The legislation does not provide for the mandatory drawing up of such an act, however, its presence will be additional evidence of the lack of a motivated opinion of the trade union.
14. Issuing an order to terminate an employment contract due to a reduction in the number or staff of employees and drawing up a calculation note
The order to terminate the employment contract is drawn up according to the unified form N T-8. In the “Bases” column, the details of the order to reduce the number or staff of the organization’s employees are indicated. If the employee was dismissed early with his consent, then this column also reflects the details of the employee’s written consent (application). The order indicates the last day of work.
The order (instruction) to terminate the employment contract must be familiarized to the employee against signature.
When an organization is liquidated or its staff is reduced, the dismissed employee is paid severance pay in the amount of average monthly earnings. He also retains his average monthly earnings for the period of employment, but no longer than for two months from the date of dismissal (including severance pay) (clauses 1, 2, part 1, article 81, part 1, article 178 of the Labor Code of the Russian Federation ).
Payment of all amounts due to the employee is made on the day of dismissal. If the employee did not work on the day of dismissal, then the money must be paid no later than the next day after the dismissed employee submits a request for payment (Part 1 of Article 140 of the Labor Code of the Russian Federation).
Upon dismissal, the employee is paid monetary compensation for all unused vacations (Part 1 of Article 127 of the Labor Code of the Russian Federation).
Thus, on the last working day, when an employee is dismissed due to a reduction in numbers or staff, the employer is obliged to pay the employee:
— wages for the period of work before dismissal, including bonuses, allowances and other payments (Articles 136, 140 of the Labor Code of the Russian Federation);
— monetary compensation for unprovided leave (Article 127 of the Labor Code of the Russian Federation);
— severance pay in the amount of average monthly earnings (Article 178 of the Labor Code of the Russian Federation).
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The company is undergoing downsizing, and one staff member needs to be cut not completely, but half-time, since the amount of work for this position is halved. Do I understand correctly that an employee who currently occupies this position cannot be dismissed due to redundancy, but the terms of his employment contract must be changed? Please tell me whether such a partial rate reduction is legal? And if so, how to arrange it correctly?
Answer
In accordance with labor legislation, a reduction in staff or numbers means the complete exclusion of a staff unit (one or more) from the staffing table. The dismissal of an employee is carried out on the basis provided for in clause 2, part 1, art. 81 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), if he cannot be transferred to another job.
The law does not provide for the possibility of reducing not a full unit, but some part of it.
Changing the terms of the employment contract when reducing half-time work
Notifying an employee about a half-time reduction
The employer is obliged to notify the employee in writing of the upcoming changes, as well as their reasons, no later than two months in advance. This can be done by giving the employee written notice.
Notification of changes in the terms of the employment contract
Since the Labor Code of the Russian Federation does not establish a form for notifying an employee, in practice the employee is often informed about upcoming changes by familiarizing him with the order that we mentioned above. In this case, the employee’s signature on the order indicating the actual date of familiarization is regarded as his notification of upcoming changes.
If the employee agrees to work under changed conditions, an additional agreement to the employment contract is concluded. In case of refusal, the employer must offer him in writing another job available to him (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health.
In this case, the employer is obliged to offer all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other areas if this is provided for in the labor or collective agreement or agreements (Part 3 of Article 74 of the Labor Code of the Russian Federation).
If there is no suitable job or the employee refuses the offered vacancy, the contract is terminated on the grounds provided for in clause 7, part 1, art. 77 Labor Code of the Russian Federation.
At the same time, if the employer’s decision to reduce half the rate is not due to a change in organizational or technological working conditions, it is necessary to be guided by the norm of Art. 72 Labor Code of the Russian Federation. In this case, amendments to the employment contract are possible only by mutual agreement of the parties.
Registration of half rate reduction
How can this be done? The employer comes up with a proposal to establish part-time working hours for the employee. Upon receipt of consent to change the terms of the employment contract, the parties enter into an additional agreement, on the basis of which an order for personnel is issued - the employee is introduced to it against signature.
Proposal to change the terms of the employment contract
Additional agreement to the employment contract on changing its terms
According to some courts, a decrease in sales or a deterioration in the financial position of a company is not associated with changes in organizational or technological working conditions. This means that this circumstance is not a basis for the employer to change the employment contract in accordance with Art. 74 of the Labor Code of the Russian Federation (see, for example, the ruling of the Moscow Regional Court dated September 14, 2010 in case No. 33-17729).
Considering the case of an illegal change in the terms of the employment contract (the plaintiff claimed that the employer, in violation of Articles 56, 74 of the Labor Code of the Russian Federation, transferred her to part-time work), the Novgorod Regional Court indicated that the employer had legally reduced the position to 0.5 times the rate and changed the working conditions agreement while maintaining the previous labor function due to a decrease in the volume of work and the economic need to carry out organizational changes in the company’s management structure. According to the court, the employer had the right to unilaterally change the terms of the employment contract concluded with the plaintiff, in particular, to establish part-time working hours for her (Appeal ruling of the Novgorod Regional Court dated September 19, 2012 in case No. 2-2685-33-1417).
Summary
The employer can reduce half-time, but this is formalized as a change in working conditions: duration and working hours, salary, etc. Changes in the employment contract are made by agreement of the parties or on the initiative of the employer in the manner and on the conditions provided for in Art. 74 Labor Code of the Russian Federation.