Shortened working hours are established...

What is the difference between short-time and part-time work?

Labor legislation provides for 2 options for reducing workload by reducing the time spent on performing job functions:

• If the standard number of hours for a period (week) is reduced on the basis of legislative provisions as a result of classifying an employee or the circumstances in which he works as a special category, we are talking about reduced working hours (Article 92 of the Labor Code of the Russian Federation).
• If the employee and the employer have agreed with each other that this employee, due to some circumstances, spends less time on the labor process, this means that the employee will have part-time work (Article 93 of the Labor Code of the Russian Federation).

From Art. 92 and 93 of the Labor Code of the Russian Federation, the following specific differences arise between the 2 types of special working time regime.

How is work paid during a shortened working week?

Many citizens have no idea how earnings are calculated during a shortened working week. However, in reality there is nothing complicated in such a calculation.

Remuneration for work done by a citizen during reduced working hours is accrued in the same amount as employees are entitled to during a normal work schedule.

However, this is not always the case.

Employees whose remuneration follows different rules:

• minors (their work is paid in proportion to the time worked or depending on output);
• students on part-time or evening courses (during their release from work, they are paid half the average salary at their main place of work, but not less than the minimum wage);
• disabled people of groups I and II (their work will be paid in proportion to the time worked if they work less than the norm established for this category).

Let's consider the procedure for paying teenagers. The salary and bonuses of such employees will depend on the form of remuneration used in the organization, but taking into account the reduced time standard. Moreover, the maximum amount of remuneration is unlimited.

For example, consider a situation where a time-based wage system with normal working hours has been introduced at the place of employment of a minor. What remuneration is due to a 15-year-old employee if his weekly work is 24 hours? Accountants use the following formula: tariff rate per hour of labor x time worked (24 hours). The result obtained will be the teenager’s salary. However, income tax (13%) must still be deducted from the “net” remuneration.

Short-time working hours, with some exceptions, are paid in the same way as normal working hours.

The main feature of this length of work is that workers are not deprived of social guarantees and benefits provided to employees who have a regular work schedule.

List of basic social guarantees according to the Labor Code of the Russian Federation:

• payment of sick leave;
• payment for the next vacation;
• compulsory social insurance (contributions to the Pension Fund, etc.);
• payment for travel allowances (Articles 167, 168 of the Labor Code of the Russian Federation);
• reimbursement of transportation expenses for employees when working on a traveling basis (Article 168.1 of the Labor Code of the Russian Federation);
• Art. 170, 172 of the Labor Code of the Russian Federation contain a number of guarantees provided by the employer to the employee when he performs state or public duties, for example, donation, participation in court proceedings as a juror or witness.

Employees performing their duties on a short-time basis are entitled not only to general social guarantees and benefits, but also to others designed specifically for them.

Social guarantees for teachers:

• periodic receipt of additional professional pedagogical education;
• extended annual basic leave and once every 10 years leave lasting up to 12 months;
• early assignment of an old-age pension;
• providing those in need with social or specialized (rented) housing;
• other measures legally established in the Russian Federation and its regions.

Social guarantees for medical workers:

• the possibility of retraining at the expense of the employer if it is impossible to perform one’s job due to health conditions or due to the downsizing (liquidation) of the organization;
• periodic certification for the qualification category and taking into account its results when setting salaries;
• creation of non-profit organizations with a professional orientation;
• professional liability insurance;
• additional guarantees established in the Russian Federation and regions.

Minors enjoy the following benefits:

• do not work at night;
• they are not entrusted with more than what is stated in the employment contract;
• do not work on a rotational basis and do not go on business trips;
• do not work on holidays and weekends (even if other workers are involved).

Employees who are under 18 years of age enjoy privileges during their holidays. For example, they have access to vacation equal to 31 calendar days. At the same time, they can independently choose when it is best for them to rest.

Leave is granted to a minor even if he has not worked for the employer for even six months.

If we talk about those who have to work in dangerous or even harmful conditions, they are entitled to additional leave every year.

This applies to citizens working:

• in underground and open-pit mining in open pits and quarries;
• in areas of radioactive contamination;
• in other jobs associated with adverse effects on human health from harmful physical, chemical, biological and other factors.

For disabled people of groups I and II, not only social guarantees and benefits are provided (30-day leave, monthly cash payments, pensions, etc.), but also tax benefits (tax deduction for personal income tax, exemption from paying property tax for individuals, etc. ).

What regime does the order to reduce working hours apply to?

How to name the order correctly depends on the employer’s goals:

• If the order is issued to comply with the requirements of Art. 92 of the Labor Code of the Russian Federation, then it will really be an order on reduced working hours . Moreover, its role will be complementary to the main order of registration (read about it below).
• If an employer wants to reduce the working time of its employees in pursuit of its own economic goals, we must talk about part-time work.

It should be noted that the employer is also limited by Art. 74 of the Labor Code of the Russian Federation, which lists a closed list of cases when, in principle, it is permissible to reduce the duration of working hours and payment for it at the initiative of the employer.

Features of payment for time worked

Remuneration for workers with reduced working hours is made taking into account the actual time worked/volume of work. The employer, regardless of the remuneration system adopted by him, can make additional payments to such employees from his own funds (Article 271 of the Labor Code of the Russian Federation).

Remuneration for workers engaged in heavy work, work with harmful and dangerous working conditions is established at an increased rate (Article 147 of the Labor Code of the Russian Federation). Employees combining work and study are paid 50% of the average earnings at their main place of work, but not less than the minimum wage (Part 3 of Article 176 of the Labor Code of the Russian Federation).

Who is entitled to reduced working hours under Art. 92 Labor Code of the Russian Federation

The standard amount of time allocated by the Labor Code of the Russian Federation for a worker to perform work duties during the week is considered to be 40 hours. All permissible deviations from the general rule are specifically considered by legislators, including the regime of reduced working hours.

According to Art. 92 of the Labor Code of the Russian Federation, reduced working hours are established :

• for the age group up to 16 years - 24 hours;
• persons from 16 to 18 years old - 35 hours;
• disabled people of groups 1–2 - 35 hours;
• workers under the influence of negative factors - 36 hours.

Additionally in Art. 92 of the Labor Code of the Russian Federation considers the situation when an employee who has not reached the age of majority combines educational and work processes. In relation to such an employee, ½ of the standard established for this age category should be applied:

• up to 16 years old - 12 hours;
• from 16 to 18 years old - 17.5 hours.

Minor workers and students

The minimum age for employment established by law is 16 years, with the consent of parents or adoptive parents - 14 years. At the same time, the law does not prohibit persons studying in educational institutions from working in light work during their free time from study.

For employees under the age of 18 who are receiving general or secondary vocational education, the employer is obliged to establish a working week, the duration of which cannot exceed half of the working week established by this article for employees of this age category.

The length of a work shift/day cannot exceed:

• for workers under 15 years of age - five hours;
• for workers aged 16 to 18 years - 7 hours;
• for students in general education institutions and persons combining study and work aged 14 to 16 years - 2.5 hours;
• for students in general education institutions and persons combining study and work aged 16-18 years - 4 hours.

During the academic year, workers studying in evening general education institutions must have either a working week shortened by one day or a work shift (working day) shortened by this number of hours.

Provisions of other laws specifying aspects of reduced working hours

In addition to those given in Art. 92 of the Labor Code of the Russian Federation, reduced working hours are established for some other groups of workers. Instructions for reducing the temporary load are contained in other articles of the Labor Code of the Russian Federation and federal laws.

The most common reduction in working hours is:

• For teachers and teachers - up to 36 hours a week (Article 333 of the Labor Code of the Russian Federation).
• For medical workers - up to 39 hours a week (Article 350 of the Labor Code). At the same time, based on the position held and practical functionality, the maximum amount of working time for a physician can be specified. For this, an additional document is used - Decree of the Government of the Russian Federation dated February 14, 2003 No. 101. It approved the lists of medical supplies. specialties and functional characteristics for positions for which the time load is 30, 33 or 36 hours per week.
• Female workers in rural areas. In this case, the Resolution of the Supreme Court of the RSFSR “On improving the situation of women in rural areas” dated November 1, 1990 No. 298/3-1 is in effect, which is consistent with the norms declared by the Labor Code of the Russian Federation (Article 423). Women working in rural areas should be provided with a working week of 36 hours.
• Female workers working in northern regions and places with similar conditions. They are also provided with a reduction in the weekly workload by 4 hours compared to the general standard (Article 320 of the Labor Code of the Russian Federation).

Important! If an employee is entitled to reduced working hours by law, but in practice there is no reduction in time workload, the employee has the right to demand that the excessively worked time be considered as overtime and compensated accordingly.

For more information about compensation for labor in excess of the standard, see the article “How is overtime paid under the Labor Code of the Russian Federation?”

Procedure for registering a shortened working day

The regime of a specific person, different from the general regime of the company, requires individual registration. How to formalize a part-time work week or a shortened working day depends on the legislative establishment of restrictions or an agreement reached by the parties.

If the initiator of the regime is the legislator, then information about limited employment must be written down in a separate paragraph upon admission with reference to the regulatory legal act.

If the initiative belongs to the employee, then an additional agreement is drawn up based on the application.

The final stage is the publication of an order for the enterprise reflecting:

• grounds for part-time or reduced working hours;
• work schedule indicating the beginning and end of the work shift and technical and lunch breaks;
• establishing days off;
• period of limited employment;
• links to the document and copies of attachments (passports of minors, certificates of disabled people, an act of a specialized commission confirming the degree of harmfulness of conditions, an employee’s statement, etc.).

If the shortened day, according to the Labor Code, is a pre-holiday day, then no additional documents need to be completed.

Reducing working hours under negative working conditions

Negative working conditions mean the presence of factors in the workplace that pose risks to the health of workers. The presence of such circumstances may be:

• Provided for by separate industry laws (regulations) for the entire industry. For example, according to the Federal Law “On Work with Chemical Weapons” dated November 7, 2000 No. 136-FZ, reduced working hours are established for those employed in the military chemical industry. Based on the characteristics of the work functionality, their working week ranges from 24 to 36 hours.
• Defined in a specially developed List of Industries and Professions, where this determines the use of compensatory measures - reducing the working day and assigning additional vacation days. This List was formed in the joint resolution of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, and was changed and supplemented until 1991. As amended in 1991, it continues to operate today.
• Established based on the results of a special assessment (or certification) of working conditions. At the same time: if certification was carried out (before 01/01/2014) and the presence of negative factors was identified at a specific workplace, they should be classified according to the order of the Ministry of Health and Social Development of the Russian Federation dated 04/26/2011 No. 342n;
• if a special assessment of working conditions was carried out (after 01/01/2014), then the 3rd and 4th gradation of risks mentioned in Art. 92 of the Labor Code of the Russian Federation, should be determined according to the Federal Law “On special assessment of working conditions” dated December 28, 2013 No. 426-FZ.

If the conditions at the workplace are considered harmful or dangerous according to the characteristics given above, then the employee working there should be given reduced working hours under the terms of Art. 92 Labor Code of the Russian Federation.

Learn more about assessing working conditions in the article “Procedure for assessing working conditions in the workplace (nuances).”

Registration of an employment contract

The establishment of a shortened week is carried out both during employment and during work. In the latter case, it becomes necessary to draw up an additional agreement.

If it is intended to introduce a shortened working week for a certain employee, a special commission must assess the working conditions in the organization. The obtained assessment results are included in the citizen’s employment contract. They are of great importance for him, because based on them the duration of his work will be determined.

Data that is always specified in the employment contract:

• Full name of the applicant and the name of his place of employment;
• information about identity documents of the employee and employer (individual);
• TIN (for employers, with the exception of individual employers who are not individual entrepreneurs);
• information about the representative of the employer who signed this document, as well as the basis by which he is vested with such powers;
• place and date of conclusion of the employment contract.

The employment contract of employees who have the right to work under shortened working hours is drawn up on a general basis, but it must indicate all the nuances of the shortened working hours.

Table: features of drawing up an employment contract with a reduced work schedule

The employment contract concluded with a disabled person specifies documents establishing disability

The procedure for concluding an employment contract with teenagers has its own nuances:

1. If the teenager is 14 years old, an employment contract with the employer is concluded only with the written consent of one of the parents or guardians.
2. Starting from the age of 15, an employment contract can be concluded on the condition that the minor is studying by correspondence and will necessarily receive a certificate of completion of complete secondary education.
3. From the age of 16, a person can enter into an employment contract with an employer practically without any restrictions, since it is from this age that a person is allowed to work.

If a citizen is under 14 years old, one of the parents or a guardian must be present when concluding an employment contract

How reduced working hours are established for a specific employee

Requirements to reduce working hours for certain groups of employees may be approved:

• at the industry level - industry/inter-industry agreements;
• at the enterprise - in the collective agreement and internal company regulations;
• for a specific employee - in the employment contract.

When an agreement is concluded with an employee to occupy a position for which a special work schedule is already provided, conditions regarding reduced working hours and compensatory measures (for example, additional vacation days) are immediately included in it.

If reduced working hours are established within the framework of existing labor agreements (for example, based on the results of a new special assessment of working conditions), all aspects related to the reduction of time must be included in additional work. agreement to the contract with the employee.

Registration of an employee for a shortened work week

Usually, if certain factors are present, the internal documentation of the organization stipulates from the very beginning the conditions for introducing reduced work hours. Thus, employees of the educational and medical spheres have the right to count on a reduced work schedule immediately upon hiring. However, the length of the work week will be influenced by the position they hold.

These conditions will be specified in the following internal documents of the organization:

• in a collective agreement;
• in the employment contract;
• in the Internal Labor Regulations.

The Internal Labor Regulations prescribe the length of the period allotted for work in the event that a reduction in working hours was initially envisaged

If the right to a reduced work schedule is acquired, then these conditions will be regulated by the following documents:

• collective agreement;
• Regulations on certification of workplaces;
• Industry agreement;
• An order to reduce working hours;
• additional agreement (sample here).

A shortened work week at the initiative of management is formalized in a certain sequence. Written support is provided for each stage.

To introduce reduced working hours, it is recommended to do the following:

1. Formulate an order that will warn all workers about changes in the labor regime.
2. Draw up an agreement in addition to the employment contract, which will indicate the new working conditions.
3. Inform the labor exchange about the changes.

Now let’s consider a situation where a citizen applies to an organization with the goal of finding a job for a shortened work week.

When concluding an employment contract with a minor, the employer is obliged to require the following documents:

• birth certificate (for minors aged 14 to 16 years);
• passport or other identification document (for persons aged 16 to 18 years);
• military registration document (for conscripts);
• work book (if there is no work record, it is issued at the place of employment);
• education document;
• conclusion of a medical examination (if any, if not, the examination is carried out at the expense of the employer).

After the minor presents the above documents, the employer cannot refuse to hire him for a shortened working week.

Let's consider the features of applying for a job for a disabled person.

A disabled person must present the following documents when applying for employment:

• a certificate confirming the fact of disability;
• “Individual rehabilitation program for a disabled person” (it sets out the requirements for the content and working conditions that the employer is obliged to comply with);
• passport or other identity document;
• work book;
• insurance certificate of pension insurance;
• military registration documents (for those liable for military service or conscripts);
• a diploma of education (if the job requires special training and knowledge) and other things if necessary.

A certificate confirming the fact of disability is one of the documents presented by a disabled person when applying for employment.

After potential employees have presented all the necessary documents, they become familiar with the local regulations.

Persons responsible for processing the hiring of new employees do the following:

• draw up an employment contract (and it is signed by the employer and employee);
• make the necessary entries in the work book;
• draw up the employee’s personal file and personal card;
• On behalf of management, they issue an order to hire a new employee.

If a citizen intends to switch to a reduced work schedule while already employed, he submits an application with a request to transfer him to a new work schedule.

Reasons for shortening the working week

The introduction of a shortened regime in an organization can be motivated by the following:

• the worker’s original right to a reduced work schedule;
• the emergence of such a right later.

In the first case, the reasons for introducing a shortened week may be the following conditions:

• age of employees;
• physiological characteristics of employed people;
• the presence of circumstances that harm the body or may be dangerous due to the possibility of injury.

In the second case, the following reasons can be given:

• changes in production process technology;
• regular reorganization of production, etc.

Issuance of an order for a shortened working week

An order is issued if changes occur at the initiative of the employer or if circumstances giving the right to a reduced schedule appeared after employment (for example, the employee became disabled).

An order to switch to shortened working hours must contain:

• systematic justification of the need for the declared changes;
• a list of structural divisions of the enterprise that will be affected by the changes;
• clarification of a specific operating mode during a shift, day or week;
• start date of work in the new mode;
• the period for which the regime is introduced in the organization;
• a list of responsible persons who will notify the team about innovations.

The order to switch to reduced working hours is drawn up in free form

Notifying the team about changes

Each worker who is affected by the innovations is notified about this in advance. The law states that this must happen 2 months before the changes. Failure to comply with this condition may result in the order being cancelled. Each hired worker signs for receipt of the notification, indicating the date of receipt.

If an employee refuses to sign a document, a corresponding act is drawn up in the presence of two witnesses.

If a citizen does not agree with what the employer offers him, he can quit. At the same time, he is paid all compensation provided by law.

If the employee was not notified of the transition to a new work schedule, he has the right to go to court

Employment service notification

If the employer does not inform the employment service about this within three days after making the decision to switch to the new regime, he faces penalties. The employment service is notified in writing. The document is drawn up randomly.

However, the notification must indicate:

• from what day the shortened working week is introduced;
• for how long;
• what explains the introduction;
• how many employees will be affected by this procedure;
• who exactly is switching to new working conditions;
• How much is each employee remunerated for their work?

Application for transfer to a shortened working week

An application for a reduction in working hours can be submitted by an employee after circumstances for such a change have arisen (for example, receipt of disability).

Such a statement must contain the following:

• the name of the employing organization and the name of the director in the header of the document;
• personal data of the employee (position, structural unit and full name);
• request for transfer and reasons;
• timing of the desired transfer;
• documentary evidence of the validity of the translation;
• employee signature;
• date of writing the document.

A sample application can be found here.

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?”

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.
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Who to install

According to the Labor Code, a shortened day is established for any worker with the consent of the employer. University students, especially senior students, often make this request - part-time work for students is beneficial to both the employee and the employer who forms the personnel reserve.

There are certain categories of citizens who cannot be denied a shortened working day: for example, if a woman on maternity leave works part-time. All of them are listed. 93 Labor Code of the Russian Federation.

The main preferential categories of employees are:

• pregnant woman;
• one of the parents or guardians, trustees who have a child under 14 years of age or a disabled child under 18 years of age;
• caring for a sick family member (a medical certificate of the established form is required).

A woman, while on maternity leave, by virtue of Art. 256 of the Labor Code of the Russian Federation has the right to work, but not all day: this will allow her to maintain her insurance benefits. But there are times when a mother is forced or prefers to go to work, and the responsibility of caring for the child is transferred to other family members: the father or even grandparents. In this case, they also have the right to receive benefits and work part-time.