Working a shortened work week. Procedure for registering part-time work at the employee’s initiative

Standard working hours are not always convenient for both the employee and the employer due to economic and life realities. Current labor legislation provides for the possibility of reducing the working day at the initiative of each party. In order for a transfer to part-time work to be legal, both the employee and the employer must comply with a number of rules.

Part-time work and its types

Part-time working time means working hours less than normal, which, in accordance with Art. 91 Labor Code of the Russian Federation cannot exceed 40 hours per week. The following types of part-time work are provided:

part-time work (shift), in which the number of hours of work per day (shift) is reduced: for example, instead of the eight hours of work established at the enterprise, five or six hours;

part-time work week, when the number of days of work is reduced, for example, three days a week instead of the established five days, while the number of hours of work on working days is not reduced.

Incomplete and abbreviated working hours- not the same thing. According to Art. 92 Labor Code of the Russian Federation reduced working hours are established for certain categories of workers (under 16 years old, from 16 to 18 years old, disabled people of groups I and II, working with harmful conditions labor, etc.). The reduced working hours are always fixed (no more than 35.36 hours per week, etc.). The salary is paid in the same amount as employees working a standard 40 hours a week. In case of part-time work, the number of working hours is determined by agreement between the employer and the employee, and wages are paid in proportion to the time worked.

Who is eligible for part-time work?

Art. 93 Labor Code of the Russian Federation allows any employee, by agreement with the employer, to establish a part-time work schedule. At the same time, there is a circle of people whom the employing organization has no right to refuse: pregnant women; one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child - under the age of eighteen); persons caring for a sick family member; graduate students studying by correspondence (Article 19 of the Federal Law of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education”).

Women with children under the age of 14 years can contact their employer with a request to establish a part-time working day, referring to the Resolution of the USSR State Committee for Labor dated April 29, 1980 N 111-8/51 “On approval of the Regulations on the procedure and conditions for the employment of women with children and part-time workers" (applied to the extent that does not contradict the provisions of the Labor Code of the Russian Federation). According to this Regulation part-time work can be established by agreement between management and an employee who has a child under the age of 14, for any period convenient for the employee or for an unlimited time. Based on clause 8 of the Regulations, when establishing a part-time work schedule, the length of the working day should not be less than 4 hours a day and 20 hours a week (with a 5-day working week). Depending on specific production conditions A different working time may be established.

An employer may hire on a part-time basis the following employees:

seasonal workers;

cleaners and au pairs to prepare lunches for employees;

lawyers and consultants in the field of law, taxes, etc.;

specialists in the field of information technology.

Situations are very common when qualified employees are hired part-time to complete short-term assignments (projects): designers, layout designers, application developers, copywriters, accountants.

Part-time employees enjoy the same rights to annual basic paid leave, sick leave, calculation length of service etc. , as employees who work full time.

Important. The probationary period for persons entering part-time work is not reduced and ranges from one to three months. This follows from the article 70 Labor Code of the Russian Federation, which establishes a closed list of categories of employees who are exempt from probation. Among them there are no employees hired with a reduced number of hours.

How is work and rest paid for part-time work?

An employee who is assigned a part-time work schedule is paid in proportion to the time worked or the amount of work completed ( Art. 93 Labor Code of the Russian Federation).

Example

Manager Sidorova was hired with a salary of 30,000 rubles. with a standard 40-hour work week. From October 1, 2016, the employee, at her request, was transferred to part-time work - 6 hours a day. Remuneration is made in proportion to the time worked. For fully worked (part-time) hours, the employee must receive a salary of 22,500 rubles. (RUB 30,000 / 40 hours x 30 hours). There are 21 working days in October. Sidorova took 1 day at her own expense. Worked for 20 working days. Thus, Sidorova’s salary will be 21,428 rubles. (RUB 22,500/21 days X 20 days).

When a part-time working day is established, wages are reduced regardless of the remuneration system ( official salary, tariff rate, etc.). This was stated in the letter of Rostrud dated June 8, 2007 No. 1619-6. Thus, change the salary system and make changes to staffing table organization is not needed.

The average daily earnings when paying for vacations, sick leave and travel allowances for part-time workers are calculated in the standard manner. It does not matter if in billing period The employee decided to change his working hours to part-time.

Important. Involving an employee in performing labor responsibilities beyond the number of working hours that are established for him during a part-time day, qualifies as overtime work and is paid according to the rules established for the payment of overtime ( Art. 99 Labor Code of the Russian Federation).

How to apply for part-time work

An employee who needs to switch to part-time work writes an application addressed to the head of the organization, indicating the reason, date of transition and the period of time for which he asks to reduce his daily number of hours of work. The application is registered by the HR department and sent to the manager for approval.

If an employee belongs to categories that cannot be denied part-time work, he must attach to the application a document confirming the basis for establishing such a work schedule: a certificate from the antenatal clinic about pregnancy, about the presence of dependents, a child’s birth certificate, a certificate from local government authorities , housing department about the composition of the family, a certificate of incapacity for caring for a sick family member, a certificate confirming the fact that the child is disabled, a document confirming the appointment of a guardian, etc.

Changes are made to the employment contract with the employee, which are formalized by an additional agreement. It indicates the new working hours and the date from which the changes come into force. The agreement is drawn up in two copies and signed by the employee and the employer. Then one copy is given to the employee, about which a mark is placed on the employer’s copy, certified by the employee’s signature ( Art. 72 Labor Code of the Russian Federation).

If part-time work is established upon hiring, the condition on the length of work time is immediately prescribed in the employment contract ( Art. 57 Labor Code of the Russian Federation). At the same time, a corresponding entry is made in the employment order using the unified form No. T-1 (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). It is advisable to do this in the line “Conditions of employment, nature of work.”

If part-time work is introduced in the process labor activity, an order is issued indicating the date of establishment, the length of the employee’s working day, the period for which it is introduced (if such a schedule is temporary). The organization draws up the order form independently. The employee must be familiar with the order against signature.

Important. Information on establishing part-time work in work book and the employee’s personal card are not entered.

How to draw up an employment contract for part-time work

Just as in ordinary employment contracts, an employment contract concluded on a part-time basis indicates the full name of the organization, the surname, first name, patronymic of the employee, as well as the following sections:

general provisions, subject of the agreement;
employee rights and responsibilities;
rights and obligations of the employer;
payment procedure and terms;
start date, validity period employment contract;
liability of the parties;
grounds for termination of the employment contract;
date and place of signing, details of the parties.

The duration of the established part-time working day is considered the standard working time. The employee retains the right to a shortened working day preceding a holiday.

Question from practice

How to set part-time working hours?

The answer was prepared jointly with the editors

Nina Kovyazina answers,
Deputy Director of the Department of Medical Education and personnel policy in healthcare of the Russian Ministry of Health

If an organization wants to introduce a part-time working regime, then notify all employees of this, signed by them, at least two months in advance. Those who refuse to work under the new conditions will be fired due to staff reduction. If a specific employee wants to switch to a part-time or part-time week, then enter into a written agreement with him.

The employer has the right to transfer an employee to part-time work based on his application. But in some cases it is impossible to refuse an employee ( ). The organization is obliged to establish a partial schedule upon request:

pregnant woman;

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

Ask your question to the experts

Do I need to notify the employment service?

By general rule, established by paragraph 2, paragraph 2, article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation", organizations must notify the employment service about the establishment of part-time working hours. This rule was established to control reductions in working hours throughout the organization (or in a large division). However, if part-time work is established for a specific employee on his initiative in connection with family circumstances or other personal reasons, notification is not required. This position is set out in the letter of Rostrud dated May 17, 2011 No. 1329-6-1. In these cases, the six-month limitation does not apply.

Part-time work as a necessary measure

An enterprise may, on its own initiative, introduce part-time work, but for a period of no more than six months ( Part 5 Art. 74 Labor Code of the Russian Federation). To do this, three conditions must be met:

change in organizational or technological conditions labor (changes in technology and production technology, improvement of jobs based on their certification, structural reorganization of production);

the possible occurrence as a result of changes carried out by the employer of such consequences as mass layoffs of workers.

The establishment of part-time work is aimed at preserving jobs.

If changes in organizational or technological working conditions have not occurred, but only the volume of production has decreased, and in connection with this the employing organization is unable to ensure full employment of employees, it is necessary to announce downtime and provide employees with associated guarantees ( Art. 722, 157 Labor Code of the Russian Federation).

Before introducing part-time work, the organization must notify the trade union body (if there is one) and the employment service.

Then an order is drawn up, which should contain: justification for the need to reduce hours daily work; names structural divisions, for which changes are expected to be introduced; period of validity of the introduced mode; delimitation of powers of officials (for example, the HR department - to familiarize employees with the upcoming changes, the accounting department - to make payments in accordance with the reduction in working hours).

Based on the order, employees are notified in writing against receipt of upcoming changes to the terms of the employment contract, as well as the reasons that led to the need for such changes. This must be done no later than two months before the changes are introduced ( Part 2 of Article 74 of the Labor Code of the Russian Federation). If you refuse to sign, a corresponding act is drawn up.

If employees agree to continue working part-time, an agreement is reached with them additional agreement to the employment contract. If there is disagreement, an order for dismissal is issued. clause 2, part 1, article 81 of the Labor Code of the Russian Federation- in connection with a reduction in the number or staff of employees with the payment of all compensation provided for on this basis.

Practical situation

Part-time work: when the employee does not have the right to dictate his terms

The answer was prepared jointly with the editors of the magazine " »

Yulia DEVIATKOVA answers,
lawyer, leading expert of the magazine "Personnel Business"

A woman wants to take maternity leave and work part-time. Asks to shorten the day by 20 minutes. Do we have the right to establish such a regime? Will there be any problems with the FSS?

Anna Mironova, HR inspector (Pskov)

Shortening your workday by 20 minutes is risky. In this case, the Social Insurance Fund will not reimburse the costs of paying benefits. The employee retains the right to a monthly allowance for child care up to one and a half years old only if she has enough time for such care.

Important. The law does not limit the number of cases of introducing part-time work, but in each of them the employing organization must document the reasons for establishing such a regime, since if a dispute arises, the need for its introduction will have to be proven (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation Labor Code Russian Federation").

The minimum period of time after which it is permissible to reintroduce part-time work (if there are grounds provided for Art. 74 Labor Code of the Russian Federation), not established by labor legislation. Therefore, it can be installed either immediately after the end of the previous period, or after a certain period of time. At the same time, it is necessary to observe a two-month warning period for employees about the new introduction of part-time work.

Reasons for reintroduction half day must be different from the reasons for which it was introduced last time. Otherwise, there is a risk that the employer’s actions may be considered labor inspectorate or by the court as an extension of the period for introducing part-time work, which is a violation of labor legislation. In this case, the organization may be held administratively liable for Art. 5.27 of the Code of Administrative Offenses.

Under this article, a fine in the amount of 1 thousand to 5 thousand rubles is imposed on officials, and if the person was previously subject to administrative punishment for a similar administrative offense- fine from 10 thousand to 20 thousand rubles. or disqualification for a period of 1 to 3 years. Employer organization as legal entity may be fined from 30 thousand to 50 thousand rubles, and in case of repeated violation, the fine amount will be from 50 thousand to 70 thousand rubles.

Accounting for working time when introducing part-time work

In the working time sheet, the total duration of work under part-time work, introduced at the initiative of the enterprise in situations provided for by labor legislation, is noted digital code“25” or the letter “NS”.

Accounting for part-time employees

In the list of employees of the organization, part-time workers are included as whole units for each calendar day of the month, including those days when they do not work according to the terms of the employment contract, and weekends. At the same time, in average number employees hired on a part-time basis are counted in proportion to the time worked.

Employees transferred to part-time work on the initiative of the administration are counted as whole units.

Test yourself

1. After what period of time after the expiration of the period for introducing a part-time work regime, it is possible to establish it again if there are sufficient grounds:

a. in six months;
b. the deadline is not established by law, but it is necessary to notify employees of upcoming changes two months in advance;
c. in two months.

2. What are the consequences of reintroducing the working day without changing the reasons for such changes:

a. such actions are legal, the employer does not face negative consequences;
b. such actions may be regarded as an extension of the period for introducing part-time work, and the employer may be held liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation;
c. no negative consequences are envisaged, however, the employer must additionally justify his actions with the relevant act.

3. Which category of employees does the employer have the right to refuse to establish a part-time work schedule:

a. undergraduates and graduate students studying full-time;
b. graduate students studying part-time;
c. pregnant women.

4. What happens to the probationary period of an employee hired on a part-time basis:

a. decreases to two weeks;
b. the employee is released from the probationary period;
c. probation remains the same, as a general rule - from 1 to 3 months.

5. How to apply for hiring an employee on a part-time basis:

a. indicate this condition in the employment contract and employment order;
b. specify this condition in the annex to the employment contract;
c. indicate this condition in the employment contract, employment order and work book.

Equal to forty hours. However, according to labor standards, some employees are entitled to reduced or part-time work. Despite the apparent similarity of the name, these concepts are not identical: they are used for different reasons and entail different consequences.

Part-time work - what is it?

By agreement with the employer, certain categories of employees may work on a part-time schedule. This is possible by reducing the number of hours worked per week (for example, from forty to thirty) or reducing the number of days worked per week while maintaining their standard duration (for example, working eight hours from Monday to Thursday).

Payment under this schedule will be made either for hours worked or for the amount of work completed. It is worth emphasizing that this type of employment does not affect either vacation or calculation, that is, vacation, length of service, sick leave, and other payments will be considered the same as for a full working day (week).

Who is eligible for part-time work?

The following may apply for transfer to a part-time schedule:

pregnant women;
raising a child under fourteen years of age;
workers raising a disabled child until he reaches adulthood;
employees caring for a sick family member.

The reduction of the week (day) is established by them upon their personal application, and the employer has no right to refuse, regardless of the nature of the work.

Part-time work is also possible for employees raising children under three years of age, while maintaining the right to benefits.

Part-time work at the employee’s initiative can be set for a certain period (for example, until the child reaches a certain age) or indefinitely.

As in the first case, payment will be made based on hours actually worked (shifts), with the right to full vacation retained and time worked added to the length of service.

Shortening the working day

Unlike part-time, a shortened day is mandatory, regardless of the wishes of the employee or employer, for the following categories:

teachers and those working in harmful and/or dangerous conditions - 36 hours;
disabled people of the first and second groups - 35 hours:
workers under sixteen years of age - 24 hours.

The working day is shortened by an hour for absolutely all workers on a pre-holiday day, including if the holiday fell on a weekend and was postponed. In addition, a shortened day can be established for other categories of employees, for example, those working with materials contaminated with the immunodeficiency virus, doctors, and also in certain cases, for example, in the summer months.

Payment for reduced working hours is calculated as for full hours worked. In other words, a reduced number of hours for these categories of employees is the norm, and only their shortfall will lead to the need to recalculate salaries.

Thus, the concepts of shortened and incomplete time are different from each other. The first is a variant of the norm, the second is the possibility of reducing it without preserving earnings for unworked hours.

Short-time work is a special form of employment in which an employee has the opportunity to work part-time, that is, less time than required by labor legislation. In this case, the subject’s salary will be calculated on the basis of the full salary, even under the condition of a reduced schedule. Thus, the Labor Code of the Russian Federation does not provide for a definition of a shortened working day. This concept is presented in international convention on labor No. 175 dated June 24, 1994 At the same time, the Russian Federation has not ratified this legal act. However, the provisions of the convention are considered by Russian employers as recommended for use.

Definition of shortened working hours

Various types of working time are regulated by the following articles of the labor code:

standard schedule, eight-hour shift - st. 91 Labor Code of the Russian Federation;
reduced working hours - Art. 92 Labor Code of the Russian Federation;
- Art. 93 Labor Code of the Russian Federation;
shortened work shift before holidays- Art. 95 Labor Code of the Russian Federation;
overtime hours - art. 97 Labor Code of the Russian Federation.

It is important to understand the differences between part-time and short-time work, which is only available to certain categories of employees. Based on Art. 93 of the Labor Code of the Russian Federation, by agreement of both parties to the employment contract, the working day can be shortened. The code also provides several options for organizing work activity in shortened time mode:

Reducing working hours every day of the week.
Reducing the number of working days, while maintaining the same duration of the work shift.
Reducing the number of hours for performing job duties by a certain percentage (which percentage is determined by the employer), as well as reducing the number of working days per week.

Reduced amount of working time based on Art. 92 Labor Code of the Russian Federation for certain groups citizens is the norm.

Differences between shortened working hours and part-time work shifts

For employees of the accounting or human resources department, there is a significant difference between the concepts. Thus, a shortened working day is considered to be such a frequency of work, in accordance with which the salary is fixed in full, but the number of working hours is reduced.

It is impossible to reduce the level of wages during officially reduced working hours, since such an action is illegal.

In the case of part-time work, payment is calculated based on the standard work schedule, but payments are made based on the time actually worked. So, If the employee works part-time, he or she does not have the right to expect to receive a full salary.

Categories of employees who are granted reduced working hours

Based on Art. 92 of the Labor Code of the Russian Federation, the groups of persons for whom a shortened day is the norm are as follows:

working time minor employees who are under 16 years old are reduced to 24 hours a week;
for persons from 16 to 18 years old there is a limit of 35 hours per week;
disabled people of groups 1 and 2 have the right to work a maximum of 35 hours a week;
employees performing their job responsibilities in harmful and/or dangerous conditions, work a maximum of 36 hours per week.

Harmful conditions, based on results expert assessment, should be rated 3 or 4 degrees.

Also, on the basis of Art. 93 of the Labor Code of the Russian Federation, the employer can provide temporary part-time work to such subordinates:

women expecting a child;
one of the parents (or guardian/trustee) who is caring for a child under 14 years of age;
a person caring for a disabled minor;
a person caring for a seriously ill relative under a medical prescription.

The part-time work schedule is fixed for a specific period (determined by the employer by agreement with the subordinate), while the reduced work schedule (based on Article 92 of the Labor Code of the Russian Federation) is permanent.

Shortened working hours for pregnant women

In fact, part-time work is issued for pregnant women, the regime of which will be canceled when the woman returns from maternity leave to the standard performance of her work duties. In addition, the pregnant employee will not be paid in full, as is typical for a shortened working day, but will be calculated based on the time actually worked in accordance with the definition of part-time work.

However, in practice, such work continues to be called “shortened,” which is not correct. Labor legislation protects expectant mothers on the basis of Art. 93 of the Labor Code of the Russian Federation (on part-time work shifts).

The same applies to shortened working hours for women with children under 14 years of age. This category of workers is entitled to part-time work schedule in accordance with Art. 93 Labor Code of the Russian Federation. Payment will be made based on time actually worked.

Shortened day for minors, education and medical workers

When considering the features of the conditions of short-time work, it is advisable to consider, in addition to Art. 92, Art. 94 Labor Code of the Russian Federation. It determines the immediate duration of the work shift. Thus, the following provisions can be distinguished:

for minor citizens from 15 to 16 years old - 5 hours a day;
for persons from 16 to 18 years old - 7 hours;
for subjects from 14 to 16 years old who are currently receiving education at technical schools or colleges, and combine it with work throughout the year - 2.5 hours;
for persons combining study and work, from 16 to 18 years old - 4 hours.

In addition to citizens under 18 years of age, special working conditions are provided for teachers and doctors.

Such labor circumstances for persons associated with teaching activities are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. Thus, for this category, a provision is fixed, based on which the number of working hours per week should not exceed 36. When determining the specific number of hours, the specialty and position of the subject are taken into account. In particular, a shortened week is expected for:

Teachers and professors of universities and institutions involved in providing services to the population additional education.
Senior kindergarten teachers educational organizations, orphanages, as well as institutions providing additional education for young people.
Social educators and psychologists educational institutions, children's camp counselors.
Methodists and tutors (scientific supervisors or mentors).
Managers of institutions involved in the physical education of children.
Teachers providing pre-conscription training.

For persons involved in the implementation medical activities, the duration of the working day is determined in PP No. 101 dated February 14, 2003. The frequency of one work shift depends on the employee’s group. The resolution provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on their place of work and position.

Shortened day for workers working in hazardous conditions

Based on Federal Law No. 426 dated December 28, 2013. working conditions are recognized as harmful based on an expert assessment of working environment factors. In particular, the influence of such factors on the workforce is studied.

Based on Art. 14 Federal Law No. 426, working conditions are divided into 4 classes. Thus, acceptable conditions are those in which production factors do not have or have a weak impact on the health of personnel. Harmful conditions imply a significant impact on the health of the subjects, which may later develop into a chronic disease.

Thus, a shortened day for such employees is provided in the amount of 36 working hours per week.

Procedure for registering a shortened working day

Shortened working hours presuppose a shorter period than required by law for the performance of labor duties. The main difference from part-time work is that short shifts are the norm for the listed groups of workers. It is implied that the presence of an abbreviation working day established during the conclusion process labor agreement and is issued in a special paragraph. The basis for this is that the subject has the necessary category and Art. 92 Labor Code of the Russian Federation.

It is also necessary to indicate for which of the reasons listed in the article the reduced working time is granted. For example, the age of the employee (up to 18 years) may be noted or the harmfulness of working conditions may be determined.

In addition to the employment contract directly with the employee, it is recommended to include a corresponding provision on the stipulated shortened day for some positions (relevant for a particular enterprise) in the collective agreement.

Upon agreement with the employer, a shortened working week is fixed in the contract. Next, a corresponding order for admission to the position is issued. It reflects:

company name;
date of document execution;
the employee’s passport information, as well as his position and the department in which he will perform his duties;
grounds for reduced working hours;
frequency of weekends and breaks, as well as the duration of one working day;
the procedure for calculating and paying earnings;
presence or absence of a trial period;
information about the employment contract between the employer and subordinate;
signatures of the parties;
a note about the employee’s familiarization with the order, his personal signature proving this.

The procedure for payments for performing labor duties on shortened working days

Groups of subjects for whom such a schedule is standard have the right to claim the full amount of wages despite the smaller number of hours worked provided for by the general schedule.

A separate category includes employees who have not yet turned 18 years of age. When calculating wages for the specified group of persons, the reduced time is taken into account. That is, final payments to a minor subject will be made in proportion to the work schedule without taking into account age. However, the employer has the right to supplement payments to minor employees using the company’s personal funds.

Another nuance of this issue is the payment of wages to disabled people. Based on Art. 23 Federal Law No. 181 “On the social protection of disabled people in the Russian Federation” dated November 24, 1995, for citizens with increased needs of groups 1 and 2, a restriction is established - the number of hours devoted to work should be no more than 35 per week. Salaries are retained in full. However, if an employee with a disability of the specified group actually works less than 35 hours per week, his wages will be calculated based on hours worked.

Thus, a shortened working day according to the Labor Code of the Russian Federation can be provided to certain groups of employees. In addition, wages are retained in full, in contrast to part-time work. To avoid making mistakes, the employer needs to clearly distinguish between the understanding of these two phenomena, and also be informed about legislative framework, which details specific categories of workers eligible for a shortened shift.

Commentary on Article 1. The term “part-time work” covers both part-time work and part-time work.
With a part-time working day, the number of hours of work per day is reduced compared to what is established in the organization's routine or schedule for this category of workers (for example, instead of 8 hours - 4).
Part-time work means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish for an employee a part-time working week with part-time work (for example, 3 working days a week, 4 hours each).
Unlike reduced working time, which is a full measure of labor duration established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time working time is only a part of this measure. Therefore, in case of part-time work, remuneration is made in proportion to the time worked, and in case of piecework payment- depending on production.
Part-time working hours are usually established by agreement of the parties to the employment contract. Such an agreement can be reached both upon entry to work and during the work period. The provision for part-time work must be reflected in the employment contract or drawn up as an addition to it.
2. The law does not limit the circle of persons for whom part-time work is allowed. It can be installed for any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish a part-time or part-time work week for the employee at his request. Thus, part-time working hours are mandatory at the request of: a pregnant woman; one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical certificate issued in the manner established by federal and other regulations legal acts Russian Federation.
Securing the right to mandatory establishment of a part-time working regime for only one of the parents who has a child under the age of 14 (a disabled child under 18 years old) means that if the need for such a regime arises for the second parent, he must resolve this issue in general procedure, i.e. by agreement with the employer.
In addition to the above categories of persons, the employer is obliged to establish part-time work at the request of a disabled person, if such a regime is necessary for him in accordance with an individual rehabilitation program, which is mandatory for implementation by organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Persons with Disabilities ).
The employer's refusal to satisfy such a request can be appealed to the labor dispute resolution authorities.
3. Part-time work is established for a specific period or without specifying a period. In this case, work on a part-time or part-time work week is indicated in the content of the employment contract (see Article 57 and commentary thereto).
Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and educational leave; work time is counted in the length of service as full working time; Weekends and holidays are provided in accordance with labor legislation.
Part-time work is not noted in work books.
On part-time work for women and other persons on parental leave to care for a child under 3 years of age, see Part 3 of Art. 256 and comment. to her.
Part-time working hours can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of the organization for a period of up to 6 months.
For the procedure for transferring to this mode, see the comment. to Art. 74.
Persons hired for part-time or part-time work, as well as those hired at half the rate (salary) in accordance with the employment contract, are included in the list of employees of the organization. In the payroll, these employees are counted for each calendar day as whole units, including non-working days of the week determined upon hiring.
Persons who worked part-time in accordance with an employment contract or were transferred with the written consent of the employee to part-time work are taken into account in proportion to the time worked when determining the average number of employees (see Instructions for filling out the federal form statistical observation N 1-T "Information on the number and wages of employees", approved. Resolution of Rosstat of October 13, 2008 N 258 // Questions of Statistics. 2009. N 1).