In what cases is part-time working time established?

Legislative regulation

In June 2021, Vladimir Putin signed a law introducing amendment No. 125 to labor legislation. Here is what it includes:

• Article 101 (irregular working hours) stipulates that if you work part-time as a slave. time, irregular hours can be set only if you work a full shift and a part-time week .
• 108 (article on breaks) states that local documents or an agreement may provide for the denial of a break to an employee, but only if the duration of his shift is no more than four hours ;
• Article 152 (overtime) states that from now on, work that was performed outside the schedule and norm and paid or compensated separately according to (153-TC) will not be taken into account when calculating and accounting for overtime work, which is also paid above the norm.
• Article 153 (about payment on non-working days) - increased payment is due for the number of hours actually worked on these days (weekends, holidays, etc.). In addition, this payment includes part of the shift if it affects part of the day off.
• In accordance with Article 91 of the Labor Code, working hours are considered a specially established period of time during which employees are obliged to exercise their powers in accordance with the norms of labor legislation and what is assigned to them by the employment contract.

Also included in this time are other categories of working time prescribed in various regulatory documents and in federal labor legislation.

In this material you can read about flexible work schedules.

Results

Part-time working hours are established at the request of the employee or at the initiative of the employer.

To introduce this regime, in addition to the application of employees, it will be necessary to draw up an order and additional agreements to employment contracts, and in some cases a set of notification measures.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What it is?

Normal working hours are no more than forty hours, or seven days . However, there is the concept of reduced or part-time work. This mode is more of an alternative type of working time.

There is no clear definition for it in the country’s labor code.

At the same time, the first part of Article 93 states that with mutual consensus between the parties when establishing business relations at the hiring stage (and further), the employer has the right to set the employee a shortened shift , or even a working week.

The terminology itself implies that the employee’s time is reduced compared to the established norm . That is, the employee works less than 40 hours, less than 8 hours a day, and this will not even be classified as a violation of labor regulations, unless the employee goes beyond this reduced threshold period.

An employer can set several NRT options for an employee:

• part-time is when an employee works a shortened daily shift, for example, not eight hours, but six hours;
• incomplete week - when an employee works a full daily shift, but the number of days of work is reduced - let’s say not 5 days of 8 hours, but three days;
• Mixed work is when the number of working days and weeks is reduced to achieve an optimal schedule, for example, working three hours three times a week, instead of a standardized eight-hour five-day week.

How to divide your work day into parts

Companies that, due to the specific nature of their production processes, do not need continuous simultaneous presence of employees at work can divide the working day into parts. The total duration of working hours should not exceed the duration of the working day established by Article 105 of the Labor Code of the Russian Federation.

The Ministry of Labor in its recommendations reminds of the advantages of shift work. This mode allows you to disperse workers in rooms and optimize the load.

Shift work schedule involves working in several shifts. During shift work, summarized working time records are kept.

Shift work schedules are agreed upon between the employee and the employer. And it can be fixed in an agreement between the parties or established by the Internal Labor Regulations (Articles 103, 104 of the Labor Code). The procedure for introducing summarized recording of working time is also described in the Rules.

The shift schedule can be adjusted in an epidemic situation: by agreement of the parties, shift schedules and volumes of work can be changed.

The Ministry of Labor reminds that if it is necessary to quickly organize work in cases that threaten the life or normal living conditions of the population, the Labor Code provides for:

• recruitment to work without the consent of a citizen (Article 4);
• concluding fixed-term employment contracts by agreement of the parties (Article 59);
• temporary transfer of an employee without his consent for a period of up to 1 month to a job not stipulated by an employment contract (Part 2 of Article 72.2);
• engaging without the employee’s consent in overtime work and work on weekends and non-working holidays (Clause 3, Part 3, Article 99, Clause 3, Part 3, Article 113).

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To whom can it be installed?

Article 93 of the Labor Code from the latest edition states that the employer has the right to reduce the duration of daily work by a certain number of hours. Before these amendments were made to the labor code, only part-time or weekly work was provided for.

Due to the fact that labor regulation is in any case formalized by the employer, it is not surprising that the final decision always remains with him, however, labor legislation makes it possible to regulate this aspect of labor relations , allowing certain categories of employees to request that the employer establish it urgently.

In general, working hours are set on one of three conditions:

• In accordance with the mutual agreement of the parties to conclude an employment contract;
• With a discussion of the validity period of this operating mode, or without any restrictions on the validity period at all;
• The validity period will expire upon expiration of the emergency circumstances that served as the reason for making a decision to establish a reduced work schedule.

As soon as the NRA begins to operate, all questions regarding personal schedule, the start and end of work, the availability, start and end of lunch breaks, etc. are set individually for each employee.

The employer, at the same time, must offer a compromise by creating an optimal schedule for his employee, taking into account local working conditions, while fitting into the employee’s reduced working hours.

In accordance with the law, the employer is obliged to immediately respond to requests for the introduction of NRT from such categories of employees as:

1. pregnant women;
2. single parents, or guardians/trustees caring for children under the age of fourteen, or disabled people under the age of eighteen;
3. citizens caring for seriously ill family members who are unable to care for themselves. Provided that this fact is confirmed by conclusions from qualified medical institutions.

In certain situations, irregular working hours may be established for various categories of labor elements. At the same time, the list of work positions with this regime is established in advance and discussed in labor agreements and local collective acts .

An irregular day is a working regime in which certain employees of the enterprise who are assigned this responsibility may be required to work outside the normal working norm.

If a person works in the NRW mode, then the establishment of an irregular mode is possible, but only if the contract stipulates in advance that a full (standardized) work shift is provided for in a part-time working week.

Labor legislation on part-time work

The part-time working regime is regulated by Article 93 of the Labor Code of the Russian Federation:

• “By agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.
• The employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.
• In this case, part-time working time is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.
• When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
• Part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.”

Article 93 “Part-time working time” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

Working hours

Work time:

• the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties;
• normal working hours cannot exceed 40 hours per week.

Article 91 “The concept of working time. Normal working hours" of the Labor Code of the Russian Federation (as amended on 02/05/2018)

During the week, working time must be distributed so that its total duration does not exceed 40 hours. The most common option:

• eight-hour work day with a five-day work week
• with days off on Saturday and Sunday.

The working hours in an organization are set out in the Labor Regulations and labor or collective agreements.

Article 91 “The concept of working time. Normal working hours" of the Labor Code of the Russian Federation (as amended on 02/05/2018)

In addition to normal working hours, labor legislation provides for part-time working hours:

• part-time means that the employee works part-time, part-time, or part-time;
• for example, not five working days, but four, or not eight hours per shift, but six.

Part-time and short-time working modes

Part-time and short-time work are not the same thing. The part-time working time regime differs from the reduced working time regime discussed earlier in the material “Reduced working time regime”.

Shortened working hours are established for certain categories of workers:

• workers under 16 years of age,
• workers from 16 to 18 years old,
• workers - disabled people of groups I and II,
• workers - those working in hazardous working conditions, etc.

The reduced working hours are always fixed - no more than 24, 35 or 36 hours per week, respectively. The salary is paid in the same amount as employees working a standard 40 hours a week.

Article 92 “Reduced working hours” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

If we are talking about part-time work (part-time, part-time work), then the number of working hours is determined by agreement between the employer and employee, and wages are paid in proportion to the time worked. All non-working days in this case are reflected as weekends.

Article 93 “Part-time working time” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

Part-time work: part-time and part-time work week

Part-time working hours can be set in one of the following options:

• part-time (shift) on all days of the working week:

  reducing the duration of daily work while maintaining a full work week;

An employee, by agreement with the employer, may be assigned any of the specified part-time working hours.

Part-time working hours can be established under other working hours with the employer:

• with a five-day work week,
• six day work week,
• shift mode,
• reduced working hours, etc.

Part-time work is work for a period of time reduced in comparison with the full working time assigned to the employee within the working day (shift) or working week.

The part-time working regime does not apply to other accounting periods (month, quarter, year).

The Labor Code does not establish the minimum and maximum number of hours (days) by which the “basic” working time can be reduced. This issue is decided jointly by the employee and the employer.

Part-time working hours at the initiative of the employee

Part-time working hours can be established at the request of the employee. Moreover, the Labor Code names categories of employees whom the employer does not have the right to refuse if one of them asks to switch to part-time working hours (part-time or part-time work week).

A part-time working week or part-time working day at the initiative of the employee is mandatory (Article 93 of the Labor Code of the Russian Federation):

• pregnant women;
• one of the parents (guardian, trustee) who has a child under 14 years of age (disabled child under 18 years of age);
• employees caring for a sick family member with an appropriate medical certificate.

Article 93 “Part-time working time” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

An employee has the right to ask for both a part-time working week and a part-time working day:

• for example, a 4-day week with a 7-hour workday.

Part-time working hours at the request of the employee are established only for the period of preferential circumstances. For example, until the child of this employee turns 14 years old.

The employer must take into account the employee’s wishes regarding part-time work, but not to the detriment of production conditions. For example, a pregnant woman cannot demand that her working day begin at 8 a.m. if the organization starts work at 10 a.m.

The remaining employees can be transferred to part-time work only if the employer has such an opportunity.

Part-time working hours at the initiative of the employer

A part-time working regime at the initiative of the employer can be established during the period of organizational and technological measures that significantly change working conditions:

• if this threatens mass layoffs, the administration has the right to establish a part-time working regime for up to 6 months;
• such a decision must necessarily be agreed upon with the trade union, if there is one in the organization.

Labor legislation prohibits the introduction of part-time work at the initiative of the employer if mass layoffs are threatened for economic reasons

Part 1, 5 of Article 74 “Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

In accordance with the agreement of the parties, at the initiative of the employer, part-time working hours can be established for the following period:

• no more than 6 months;
• the establishment of a part-time working regime may be gradual;
• the duration of a working day (shift) cannot be less than 4 hours ;
• the length of the working week is at least 20-24 hours for a five-day or six-day work week.

clause 8 of the Regulations on the procedure and conditions for the employment of women who have children and work part-time, approved. Resolution of the State Labor Committee of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51

• the reduced working hours for a specific working day (shift) or a specific working week is determined by agreement of the parties and is established within the above parameters.

The procedure for establishing a part-time working regime at the initiative of the employer:

• If an employer plans to introduce a part-time working regime, he must notify employees of this in writing 2 months in advance and must familiarize them with signature.

Part 2 of Article 74 “Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

• Whether or not the employee agrees to part-time work can be indicated in the notification itself.
• If the employee agrees to work under the new conditions, then an additional agreement to the employment contract must be drawn up with him. Moreover, in the interests of the employer, this must be done before the employee changes his mind and finds a more profitable place of work. Once the employee signs the agreement, he will not be able to unilaterally cancel it and demand redundancy.
• If an employee, in these circumstances, refuses to work part-time, he may be dismissed due to a reduction in the number or staff and must be paid severance pay and average monthly earnings for the period until he gets a job.

Part 6 of Article 74 “Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions”, Article 178 “Severance pay” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

• If an employer introduces a part-time working regime, but does not notify about it 2 months in advance or does not draw up an additional agreement to the employment contract, this threatens him with additional charges and a fine.
• If employees prove that a part-time working schedule was introduced, but the organizational and technological working conditions have not changed significantly, then the court will recognize that the employer acted illegally and will oblige them to restore the previous working hours.

clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

• If an employee in these circumstances refuses to work part-time, he may be dismissed due to a reduction in the number or staff and must be paid severance pay and average monthly earnings for the period until he gets a job

What threatens the employer if he introduces a part-time working regime, but does not notify him in advance?

If the employer does not promptly notify employees that he is introducing a part-time working regime and does not enter into additional agreements to employment contracts, but pays employees for work as part-time work, then he may subsequently be required to:

• increase the salary to the amount of a full working day;
• pay compensation for late payment of part of the salary.

Article 74 “Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions”, Article 236 “Financial liability of the employer for delay in payment of wages and other payments due to the employee” of the Labor Code of the Russian Federation (as amended on 02/05/2018 G.)

In addition, the organization and its leader may be brought to administrative responsibility for violating the law (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Article 5.27 “Violation of labor legislation and other regulatory legal acts containing labor law norms” of the Code of the Russian Federation on Administrative Offenses (as amended on April 3, 2018)

How to apply for part-time work

A part-time working regime can be established both when an employee is hired and subsequently, during 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 a part-time work schedule, he must attach to the application a document confirming the basis for establishing such a work schedule:

  certificate from the antenatal clinic about pregnancy,

• certificate of presence of dependents,
• child's birth certificate,
• certificate from local government authorities,
• a certificate from the housing department about family composition,
• certificate of incapacity for caring for a sick family member,
• a certificate confirming the fact that the child is disabled,
• document on appointment as guardian, etc.;

Article 72 “Changing the terms of an employment contract determined by the parties” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

• if part-time work is established upon hiring, the condition on the length of work time is immediately prescribed in the employment contract;

Article 57 “Content of the employment contract” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

• if part-time work is introduced in the course of work, 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 employee must be familiarized with the order against signature.

Information about establishing a part-time working day is not entered into the employee’s work book and personal card.

Vacation and remuneration for part-time work

Part-time work gives the right to:

• for annual basic paid leave and other types of leaves of the duration established for employees working full time;

Remuneration for part-time work is made:

• proportional to the time worked or
• depending on the amount of work performed.

Part-time work does not entail any restrictions on the employee’s labor rights. The calculation of work experience is carried out in accordance with the general procedure.

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

WORK TIME

Can an employer introduce an NV?

In labor relations, the employer, as a subject of labor law, can also take the initiative to establish one or another working hours for its employee.

Article 74 of the Labor Code of the Russian Federation states that in the event of emergency changes of a technical or organizational nature at the enterprise, and if there is a likelihood of a massive reduction in the labor force, the employer, having previously agreed on its decision with trade union organizations, has the right to introduce a part-time regime for a period of no more than six months to avoid layoffs.

Differences between part-time and short-time work

Types of working time and their differences

Many people who do not delve into the study of the laws of the Russian Federation often confuse part-time work with a shortened form of it. In fact, the differences between these types of employment are more than significant and require mandatory consideration at the time of concluding an employment contract. According to Article 92 of the Labor Code of the Russian Federation, shortened working hours are a type of employment determined for certain groups of persons based on their individual characteristics. At the moment, short-time work is mandatory for:

• 14-16 year old workers – maximum 24 hours of work weekly
• 16-18 year old workers – maximum 35 hours
• disabled people of groups 1 and 2 - maximum the same 35 hours
• workers in a dangerous or harmful environment – ​​maximum 36 hours.

Decor

The basis for accepting a part-time working regime by agreement is a written application. The employer has no right to ignore it.

In the application, the employee indicates a request to reduce working hours and attaches documents confirming the strength of his arguments.

The documents may be the following:

• medical certificate from the gynecologist’s examination room - for pregnant women;
• a copy of the child’s birth certificate, a petition for appointment as a guardian – for parents/guardians;
• a certificate from a medical institution of the established form - for persons caring for sick relatives.

Sample application:

Assignment of part-time work at the request of the employer

When part-time work is assigned by the employer

The form of temporary employment at the request of the employer can also be changed legally by agreement of both parties to the employment agreement. The only case when an employer has the right to forcibly transfer certain workers to part-time work is regulated by several articles of the Labor Code of the Russian Federation and decisions of the Supreme Court of the Russian Federation.

Order

In the case of a part-time transfer at the initiative of the employer, the statement of the order must be as well-reasoned as possible . Employees must be notified of the transition to the new regime.

Sample notification:

In accordance with Article 74 of the Federal Labor Code, the employer has the right to change the length of the working day or week only in cases of extreme necessity due to measures to ensure the safety of human resources from mass layoffs.

In this regard, it will not be a sufficient basis for legislation if the employer refers to the economic crisis, overproduction, or economic decline; it will be necessary to provide specific accounting arguments confirming the financial difficulties of the enterprise.

It is necessary to competently justify the massive reduction in working hours and formulate how this measure will affect the existing excessive costs in the enterprise and avoid radical measures such as staff reduction.

To do this, you need to supplement the existing accounting calculations with a note from the head of the department or from the chief accountant confirming that this step is appropriate .

If a reduction in working hours occurs by agreement of the parties , a standard order with an established work schedule is issued to a specific employee.

Sample order for establishing partial time:

Order establishing part-time work (sample)

The order to introduce NRT into the company must contain:

• name of the company and an indication of its legal form;
• name of the order;
• date and place of compilation;
• a description of the reasons that led to the introduction of the NRT;
• the administration’s decision on the type and form of the NRT, as well as its timing;
• other necessary aspects of introducing NRT;
• signature of the head of the company.

A sample of the main part of the order might look like this:

“In connection with changes in technological working conditions and the threat of mass layoffs of workers, in accordance with Art. 74 of the Labor Code of the Russian Federation, in order to preserve jobs

I ORDER

1. Introduce part-time work for workers in turning, metalworking, mechanical assembly and utility shops from 05/01/2016 to 09/30/2016.
2. Set the following operating mode for the workers of the specified workshops:

Working day: from 08:00 to 16:00 with a lunch break from 11:30 to 12:30.

Working week: five days with two days off (Saturday, Sunday).

1. Employees of the labor and wages department shall pay wages to the employees specified in clause 1 of the order in proportion to the time worked.
2. To the company's HR department:

4.1. Familiarize employees transferred to part-time work with this order against signature.

4.2. By March 1, 2016, send notices to the specified employees with an offer to work on a part-time basis.

4.3. Notify the employment service about changes in operating hours.

1. I reserve control over the execution of the order.”

IMPORTANT! The NRV regime does not affect the duration of regular vacations and the length of service of employees, regardless of whose initiative it is introduced.