Shortened working week
Reduced working hours are regulated by Art. 92 Labor Code of the Russian Federation. The main provisions of the Labor Code on this issue are as follows:
- for employees under 16 years of – working hours should not exceed 24 hours per week;
- those who are between 16 and 18 years of age cannot be forced to work more than 35 hours a week;
- the same limit of 35 hours per week is established by Art. 92 of the Labor Code of the Russian Federation and for working disabled people of groups 1 and 2 ;
- For workers in hazardous conditions and conditions classified as hazard groups 3 and 4 (according to the results of the assessment and safety assessment), the standard working time per week should not exceed 36 hours .
For persons under 18 years of age who study at the same time as working, the provided standards should be further reduced by 2 times.
In addition to the general working time limits for certain categories of workers fixed in the Labor Code of the Russian Federation, there are also industry standards.
Thus, establishing a shortened working week is not the employer’s initiative, but his responsibility . The reduction of the working week according to the Labor Code is established by the state. level, a measure of support for workers of certain categories and protection of their rights (for example, the right of a minor to receive an education).
IMPORTANT!
Both the reduced weekly working hours for certain categories of workers and the normal weekly working hours for other workers are full working hours! And you need to pay for it as full- time work!
The meaning contained in Art. 92 of the Labor Code of the Russian Federation does not allow:
- reduce the working week at the request of the employer for all employees not included in the categories listed in the legislation;
- reduce wages for employees transferred to short-time working hours under Art. 92 of the Labor Code of the Russian Federation without other grounds. At the same time, the introduction of quarantine, self-isolation and the like does not apply to such grounds.
KEEP IN MIND
It will not work to use a shorter working week due to problems related to coronavirus 2021 to reduce salary costs .
Features of short and part-time working days
The legislation, having established the daily work time for each person employed in official employment, implies a shortened version of it. The duration is influenced by various reasons, which are associated with certain factors, including:
- the employee's health status;
- his age;
- production conditions.
To understand the difference, you need to know exactly what one or the other term means. Thus, reduced time should be established exclusively for employees of specific categories. The law insists on this. We are talking about a strictly defined number of hours by which the working day is reduced.
In contrast, a partial day can be established by agreement of the parties. The exact amount of “cut” time is not defined by law. Here everything depends solely on what agreement the employer and employee come to.
We invite you to read: Free employment contract
There are two main criteria by which you can understand whether the working day is part-time or reduced. This:
- Establishment conditions.
- Salary.
The Labor Code determined the duration of work on a reduced schedule for the following categories of employees:
- if the employee is 16-18 years old, the duration does not exceed 35 hours per week;
- if the age is under 16 years, it is not allowed to exceed 24 hours a week.
- disabled people of groups I and II – no more than 35 hours per week;
- at work with dangerous/harmful working conditions – no more than 36 hours a week.
The legislation also considers other categories of employees who are also entitled to a reduced schedule. Wages for such a day remain the same as for a full day
Part-time work does not have clear regulations, but is provided for by law. It can be installed for:
- pregnant women;
- for a person in whose care a sick person is;
- for someone who is a parent, guardian or guardian of a minor child or a disabled child.
For other categories of employees, the employer may establish part-time work by agreement with them. Payment is calculated only for time worked.
To whom is the employer obliged to establish shortened working hours?
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Part-time work
A part-time working week (i.e., less than the standard duration of 40 hours) is established by agreement between the employee and the employer (Article 93 of the Labor Code of the Russian Federation).
Let us immediately note that a unilateral initiative by the employer is not acceptable in this case either. Each employee must agree to part-time work (or ask for it themselves).
Part-time mode
First of all, it is necessary to clarify what the normal duration of work is: according to the Labor Code of the Russian Federation, this is no more than 40 hours per week. Under circumstances determined by the legislator, the standard time may be less - under conditions of reduced or part-time work.
The reduced regime is applied by the employer without fail for specific categories of personnel - persons under 18 years of age, disabled people working in hazardous industries. For each group of working citizens, its own duration of work per week is clearly defined (Article 92 of the Labor Code of the Russian Federation).
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In contrast to the shortened regime, part-time work according to the Labor Code of the Russian Federation is established for any period with a duration of work agreed upon between the company management and the employee. The agreement can be concluded immediately upon employment or later on the initiative of the manager or subordinate. As with the reduced system, the law defines groups of citizens to whom the entrepreneur will be obliged to change the working order from full to incomplete, but only if they themselves (!) made such a request.
According to Article 93 of the Labor Code of the Russian Federation, part-time work can be established in the following options:
- Partial work shift (day) – hours are reduced. The contractor works fewer hours daily, for example, five. The working week does not change;
- Partial work week – the number of days is reduced. Instead of the established five days, a subordinate works, for example, only three. Opening hours remain the same on working days.
Who can work part-time?
The legislation allows, by agreement of the parties, to establish part-time working hours for any employee. For example, a person undergoing training (Part 2 of Article 203 of the Labor Code of the Russian Federation).
However, there are categories of employees for whom the employer is obliged to establish a part-time working day (shift) or a part-time working week at their request. These include (part 1 of article 93, article 256 and article 173.1 of the Labor Code of the Russian Federation):
- pregnant women;
- one of the parents (guardian, custodian) having a child under the age of 14 years (a disabled child under the age of 18);
- a person caring for a sick family member in accordance with a medical report;
- a mother on parental leave to care for a child under 3 years of age, the child’s father, grandmother, grandfather, other relative or guardian who is actually caring for the child and wants to work part-time while maintaining the right to receive benefits;
- graduate students studying part-time.
As you can understand, part-time work is also more likely a measure of support for the employee, and not a way to solve the employer’s problems with paying full wages.
can still be established during the coronavirus pandemic.
Part-time work is paid in proportion to hours worked. That is, the introduction of this regime reduces the employer’s salary costs.
IMPORTANT!
All possible transfers to part of the rate (for example, to 0.5 of the rate) are essentially the same part-time setting.
Who can be transferred to part-time work?
An entrepreneur is obliged to establish a part-time working schedule under the Labor Code of the Russian Federation at the request of the following categories:
- pregnant women;
- parents or guardians, trustees of a child under 14 years of age (up to 18 years of age for a child with a disability);
- caring for a sick relative (family member) on the basis of a medical report.
An employee of this category can work part-time for a period convenient to him, but only for the period of relevant circumstances that give grounds to claim a reduction in full time. The work order - duration, start and end, breaks - is established by the company's management based on the characteristics of the work process and the wishes of the employee. By agreement of the parties, if an employee works within 4 hours, there may be no rest break.
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We suggest you read: Rest with a 5-day work week
In addition to the noted situations, when part-time work is mandatory by the entrepreneur, other persons will be able to work according to this procedure by agreement with management. Basically, unqualified service personnel working seasonally and qualified specialists - legal personnel, accountants, IT specialists - are hired on a part-time basis.
In such a system, wages are considered proportional to the volume done or time worked, that is, the employee receives less. It is important that the staffing table and salary do not need to be changed. To record the time worked in the timesheet in this mode, the use of the “NS” or “25” encoding is provided. Average daily earnings for sick leave for part-time work are calculated as usual.
How to set part-time working hours
The procedure for establishing a new regime depends on who the initiator is - the employee or the employer.
Part-time work at the request of the employee
If an employee needs part-time work, he must write a corresponding application, indicating:
- desired length of working time;
- type of part-time work;
- the date from which part-time work must be established.
If there are grounds according to which the employer is obliged to establish a new working regime, they must be attached to the application.
The employer takes further actions immediately upon receipt of the application:
- Issues an order to transfer a specific employee to part-time work.
- Draws up an agreement to that effect.
Part-time work at the initiative of the employer
If the employer sets part-time hours, the registration is more complicated.
1. It is necessary to prepare a justification for the decision to change the work schedule
There are only 2 conditions that allow this:
- there have been significant changes in organizational and technological working conditions;
- there was a threat of massive staff reductions.
IMPORTANT!
The deterioration of the financial situation in itself is not .
According to Art. 82 of the Labor Code of the Russian Federation, the criteria for mass dismissal are determined by industry and/or territorial agreements. If there are no such industry provisions for a particular employer, look at the Decree of the Government of the Russian Federation dated 02/05/1993 No. 99 “On the organization of work to promote employment in conditions of mass layoffs.”
2. Issue an order to introduce a part-time regime
The order must contain:
- legal basis for introduction (see clause 1);
- what purpose the new regime serves.
3. Notify employees about the introduction of part-time work
The procedure is in many ways similar to a notice of staff reduction, which you can read in the article “Dismissal due to staff reduction step by step.”
Here's what to do:
- notify employees about the new regime at least 2 months before the date of its introduction;
IMPORTANT!
A part-time working regime established at the will of the employer cannot last longer than 6 months .
- indicate in the notice that employees may not agree with the new working conditions and in this case must inform the employer about this;
- if employees agree with the new procedure, they sign an additional agreement to the employment contract (if this does not suit them, the contract with the employer can be terminated);
- If only a part of the employees are transferred to part-time work, then those who do not agree with the transfer should be offered vacancies with a work schedule that suits them. If they agree, they are transferred to a new position; if they disagree, they resolve the issue by terminating the contract.
There is no established form of notification . You can do it in 2 ways:
– include in the order lines for workers to indicate that they are familiar with it;
– develop and deliver (to each individual) a separate notice of the upcoming change in working conditions.
To create a document, you can use the wording of the order, supplementing them with the necessary information.
4. Draw up additional agreements to employment contracts with each employee who is transferred to part-time work
5. Terminate employment contracts with those employees who refused to work part-time.
Let's sum it up
Short-time work and part-time work are completely different concepts.
The employer is obliged to provide reduced hours to certain categories of employees. And such a reduction does not affect wages in any way.
Part-time work involves both a reduction in work time and a reduction in pay in proportion to the time actually worked. Transfer to it is possible both at the request of the employee and at the initiative of the employer. But there is a limited range of reasons for an employer to do this.
