What is part-time
The law does not define “part-time”, but only “part-time” (Article 93 of the Labor Code of the Russian Federation). This is an established term for schedule and salary: an employee works less and receives half the pay of the whole rate.
Part-time work is a situation when an employee works less than 40 hours a week (Article 93 of the Labor Code of the Russian Federation). Working hours can be cut in different ways, then you get:
- part time,
- part shift,
- less than a week
- dividing the working day into parts.
The employer himself monitors the hours worked and records them in the time sheet. Salaries are calculated according to the time sheet.
How to extend shortened operating hours
Shortened working hours may be extended to the standard hours (40) specified in Art. 91 Labor Code of the Russian Federation. However, this requires simultaneous compliance with 3 conditions:
- there is the consent of the employee himself;
- the opportunity to do this is provided for in the collective agreement and/or industry regulations;
- the initial reduction in time is due to the circumstances set out in paragraph. 5 hours 1 tbsp. 92 of the Labor Code of the Russian Federation, i.e. negative factors that occur during work.
These hours added above the reduced standard should be considered overtime and additionally compensated to the employee. The procedure will be similar to the registration and recording of overtime hours.
Read additionally the article “When is it permissible to engage an employee to work overtime?”
How to draw up an employment contract for part-time work
You can hire an employee on a part-time basis at his request, by agreement of the parties, or by order of the organization. You cannot simply change the rate - to do this, use an agreement in form No. T-1 or another that is approved by the company. Indicate how the employee was hired - for the main position or part-time, and then fill out the working hours conditions:
- length of the working week;
- start and end times of work;
- break provided for lunch;
- other types of rest breaks;
- number of working days and days off in a week.
Then include in the contract the terms of remuneration and the rules for calculating it. Indicate the full salary or tariff rate based on the staffing table per employee.
If the need for transfer arose after hiring, then enter into an additional agreement to the employment contract.
Results
Reduced working hours are established for groups of employees and for jobs with characteristics that are specifically specified in regulations. It should not be confused with part-time work.
A shortened workweek in this case should be considered the same standard of time as a regular 40-hour workweek, and payment for it should be made on the same terms, without reduction due to shortened hours.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How to pay wages when working part-time
Salary is calculated in proportion to the time worked. Let's say, when hired part-time, an employee of 60,000 rubles will receive only 30,000 rubles. Taxes are calculated based on actual salary.
Other work bonuses remain the same as with a full-time salary. An employee takes 28 days off every year, receives a salary twice a month and paid sick leave. The length of service for a pension is considered unchanged. At a part-time rate, there is even a lunch break of at least 30 minutes if the shift is more than 4 hours (Letter of the Ministry of Labor of the Russian Federation dated November 17, 2017 No. 14-2/B-1012).
Salary
Wages are calculated depending on the limiting party in the general case. If the basis for reducing the working day or week contains a federal law or other regulatory act, then the time limit is considered the norm for an employee of a particular category, therefore, he must be paid according to the established standard for the fully worked period. However, there are nuances and exceptions to the rules on the issue of how a shortened day of work is paid.
Minors
An exception to the standard rule regarding remuneration for working and studying minors is imposed by Article 271 of the Labor Code of the Russian Federation.
Wages are calculated in proportion to the time worked, despite the fact that a shortened working day and a shortened working week are established by the Labor Code (Article 92), and not by the desire of the minor or management.
According to the legislator, a decrease in the level of wages reduces guarantees for young specialists, but attracts the attention of a promising employer to the use of minors, since the absence of the need for additional payment makes them more attractive for joining the labor process. If you wish to finance from your own sources, there are no legal restrictions on additional payments to the standard regime.
Working disabled people
The right to a shortened work week is provided for working disabled people of groups 1 and 2. If a medical certificate stipulates part-time work, then the case is mandatory for the employer when a reduced working day is required by law.
The work schedule established by a medical institution must be paid in the same way as the time of the full labor process in accordance with Article 23 of Law No. 181-FZ, which regulates issues of social protection of people with disabilities.
On its own initiative, the employer can make additional payments before working for a full period under any employment regime for a disabled person of groups 1 and 2, however, a prerequisite is payment for a 35-hour week before the standard 40-hour regime.
When is an employer required to establish a part-time rate?
Family care
If an employee has children or elderly parents, then at the employee’s request, working hours will have to be reduced. Transfer to part-time pay is due for:
- pregnant women;
- parents or guardians of a child under 14 years of age;
- parents or guardians of a disabled child under 18 years of age;
- employees caring for a sick relative with an ITU certificate.
Before switching to part-time, check whether someone else in the family can take care of the child. To do this, ask for a certificate about the working hours of the second parent (Ministry of Labor from Letter No. 14-2/B-1012). If it turns out that the other parent is not employed, you can refuse to reduce the hours.
Choose a schedule that suits both you and the employee. The law does not specify how many days and hours you need to work. You can shorten your working day to at least a couple of hours or only thirty minutes before the end of the shift. The main thing is that the employee is comfortable and the business does not suffer.
Sometimes it’s impossible to come to an agreement: for example, an employee needs to pick up her child from kindergarten before lunch, and work is at its peak at that time. Then the employee can contact Rostrud and file a complaint. For this, inspectors may issue you a fine, but they will not help you choose a schedule, and then you will have to return to negotiations again.
Minors and disabled people
Some employees are required to work less due to age and health conditions (Article 92 of the Labor Code of the Russian Federation). The state calculated the standard hours for them:
- workers under 16 years of age - no more than 24 hours a week;
- workers from 16 to 18 years old and disabled people - no more than 35 hours per week;
- workers in hazardous work – no more than 36 hours a week.
If the minor is studying, the week must be reduced to 12 hours for teenagers under 16 years of age or 17.5 hours for teenagers from 16 to 18.
❗ Employer's responsibility
If the employer does not comply with the established conditions of the Labor Code for changing the work schedule, then he faces liability. One of the typical violations is the forced revision of the working week without agreement with employees.
An unfairly dismissed employee can complain against the employer to the court and the labor inspectorate. The court has the right to order the reinstatement of the employee with payment of earnings for the period of forced downtime.
For violation of labor legislation, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offences. Officials of the enterprise under this article face a fine of up to 5 thousand rubles, and in case of repeated offense - from 10 thousand to 20 thousand rubles. or in the form of disqualification for a period of up to 3 years. An employing organization with the status of a legal entity can be fined in the amount of 30-50 thousand rubles, in case of a repeated offense - 50-70 thousand rubles.
Unlawful dismissal. How to punish an employer
More details
What actions of a boss can you complain about to the Labor Inspectorate?
Look
When the employer himself transfers to part-time
Changes may occur in the company: they closed a retail outlet or moved it online, and now instead of a salesperson, they need a manager who will deal with orders for a couple of hours a day.
If the volume of work decreases, the employee’s working hours can be reduced. This is done for six months if the situation is temporary (Article 74 of the Labor Code of the Russian Federation), but then the employee must either be returned to full time or laid off.
The transfer to part-time work is introduced by order. Give the employee two months' notice. If part-time work does not suit him, you can offer the employee a layoff with a severance pay of two earnings.
What is a pre-holiday day according to the Labor Code of the Russian Federation?
In accordance with the norms of the Labor Code, the pre-holiday working day is the day immediately preceding the official holiday. The duration of such a day (shift), in accordance with stat. 95, legally reduced by 1 hour. When reducing employment time, it is necessary to take into account the following features of the nature of work:
- If the enterprise, by necessity, works continuously or the position of a specialist does not allow reducing the duration of employment, such stay is recognized as overtime and is subject to compensation in the form of an additional day off. Or the employee may be paid overtime (with the consent of the specialist).
- If an employee works a 6-day shift, the duration of the day of employment on the eve of official holidays can be a maximum of 5 hours.
- If the pre-holiday date falls not on a working day, but on a weekend (Sunday or Saturday), no reduction occurs on the previous date.
To understand what a short pre-holiday day is like, let us turn to the provisions of the statute. 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly normal operating time is 40 hours maximum. And if an employee works under special conditions, for example, reduced hours (Article 92) or part-time (Article 93), or is a part-time employee, this does not in any way limit his right to go home an hour earlier on the eve of the holidays.
What days are considered holidays?
Of course, not all holidays are recognized as official. For example, corporate parties, employee birthdays or professional dates cannot be considered holidays according to government regulations. The Labor Code defines the pre-holiday working day only in relation to those dates that precede those established in the statute. 112. In particular, in Russia the following days are considered non-working days:
- New Year holidays - from January 1 to January 6 and 8.
- Christmas holiday – January 7
- Feast of Defenders of Our Fatherland - February 23.
- International Women's Day – March 8th.
- Labor and Spring Day – May 1st.
- The general Victory Day is May 9.
- Russian Federation Day – June 12
- National Unity Day – November 4
All existing official holidays are marked in red on production calendars, and the day before the holiday is indicated especially with an asterisk *, so that personnel officers understand exactly when workers are entitled to relief. When conducting personnel records on holidays and those preceding them, keep in mind that:
- If an officially approved holiday coincides with a day off, you should move Saturday or Sunday to the next day of work immediately after the holiday. The exception is the New Year holidays and Christmas, for which the Russian government has provided a special transfer procedure.
- If employees are not paid according to the salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the enterprise’s LNA, for example, in a collective agreement.
- If an employee’s salary is paid according to the salary system, the employer does not have the right to reduce the total amount of remuneration if there are public holidays in the current period.
- By decision of the federal authorities, some days off may be rescheduled in order to increase overall labor productivity.
For example, January 1, 2022 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2022 it falls on a day off, that is, Sunday. Since everyone doesn't work on Sunday, the next day before the holiday will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and cannot be reduced according to Labor Code standards.
Article 95. Duration of work on the eve of non-working holidays and weekends
The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.
On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.
