Part-time working time is considered a special work mode in which the working hours are less than normal, that is, less than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Even if each working day is 12 minutes less than for other workers (FAS resolution Ural district dated December 10, 2008 No. F09-9217/08-S2 in case No. A71-2756/08).
When paying for labor in such conditions, the employer often has questions. They are connected with the fact that many people confuse incomplete and abbreviated work time(table below). How to calculate temporary disability benefits for an employee who is assigned part-time work? When calculating vacation pay, is it necessary to reduce the average daily earnings in proportion to working hours? How is overtime paid for a specialist who works part-time?
Comparative characteristics of part-time and short-time working hours
Part-time work for a young mother
Often, an employee who is on maternity leave, without interrupting it, with the consent of the employer, goes to work on a part-time basis. At the same time, she retains the right to receive benefits for child care up to one and a half years old (Part 2 of Article 11.1 of Law No. 255-FZ). The law does not establish limits for reducing working hours at which a young mother has the right to such a payment (Article 93 of the Labor Code of the Russian Federation).
However, territorial branches of the FSS of Russia may not accept child care benefits for credit in cases where the working day is shortened by only a few minutes. Because, according to the Foundation’s specialists, such time cannot be considered incomplete. Although the courts are of the opposite opinion (resolution of the FAS Far Eastern District dated September 19, 2012 No. F03-3632/2012 in case No. A51-3233/2012, resolution of the FAS Ural District dated December 10, 2008 No. F09-9217/08-S2 on case No. A71-2756/08).
When setting part-time working hours for a woman who is on maternity leave, it is safer to listen to the recommendations of the Federal Social Insurance Fund of Russia. When working part-time, the working day (shift) should be shorter than the usual duration 1 . And the length of the working week is more than 20–24 hours with a five- and six-day week, respectively.
For an employee who works part-time, the employer has the right to establish an irregular working day (letter of Rostrud dated April 19, 2010 No. 1073-6-1)
Part-time work for part-time workers
The employer has the right to apply part-time work not only for main employees, but also for part-time workers who work part-time. Means, part time for a part-time worker it can be two or three hours a day. The total number of working hours worked in a month cannot exceed half of the monthly working time standard established for main employees (Article 284 of the Labor Code of the Russian Federation). Minimum number of working hours per week Labor Code does not establish (part two of Article 91 of the Labor Code of the Russian Federation). Consequently, part-time workers can be given a part-time or a week with payment in proportion to the time worked (Article 285 of the Labor Code of the Russian Federation).
Let’s imagine that a woman, while on maternity leave for up to one and a half years, works part-time at her main job and gets a part-time job in another organization (Article 282 of the Labor Code of the Russian Federation). Between the two jobs, she will work more than 40 hours a week. In this case, she also retains the right to receive state social insurance benefits (Article 13 Federal Law dated May 19, 1995 No. 81-FZ). This is allowed since the law does not require taking into account the total working time of an employee at her main place and part-time. This does not affect the right to receive benefits for child care up to one and a half years old. Moreover, the employee can choose at which place of work to receive such a payment (Parts 2–2.2 of Article 13 of Law No. 255-FZ of December 29, 2006).
Does the work schedule affect the calculation of vacation and sick pay?
When calculating vacation pay, it is not necessary to reduce the average daily earnings in proportion to working hours. To pay for vacation, the employee’s earnings for the last 12 calendar months and the time actually worked are taken into account (clauses 4, 12 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).
Temporary disability benefits for part-time work are accrued for all calendar days for which a certificate of incapacity for work was issued. The amount of the benefit is influenced by the employee’s length of service and his average daily earnings (Articles 7, 8, 14 of the Federal Law of December 29, 2006 No. 255-FZ, paragraph 16 of the Regulations approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375).
How many days an employee works during the week matters only in one case. When, according to the calculation results average earnings for a full calendar month is below the minimum wage (minimum wage) established on the day the illness began. Then it is calculated based on the minimum wage. In this case, the minimum wage is reduced in proportion to the length of working hours. For example, if an employee works for four hours, then you need to take 0.5 minimum wage (Part 1.1 of Article 14 of the Federal Law of December 29, 2006 No. 255-FZ).
When calculating sick leave, consider calendar days on which the employee did not work on a part-time schedule as regular weekends (clause 5 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922)
Example
Watchman Mikhail V. works at Garage LLC on a part-time basis, 6 hours a day, 5 days a week, which is 0.75 of the official salary. According to staffing table the full-time salary is 28,000 rubles, and for 0.75 times the salary is 21,000 rubles. (RUB 28,000 x 0.75). Mikhail has been working for the organization for four years, and has 9 years of insurance experience. Mikhail V.'s temporary disability began in 2013. Number of days of incapacity for work 7. Average earnings for 2011 and 2012 will be: 690.41 rubles. (RUB 21,000 x 12 months x 2 years) / 730 days). Mikhail has more than 8 years of insurance experience, so disability benefits are entitled to 100 percent of average earnings.
Thus, the amount of temporary disability benefits will be: 4832.87 rubles. (RUB 690.41 x 7 days).
How to pay for a business trip
When sending a part-time employee on a business trip, the rule of proportional payment established by Article 93 of the Labor Code does not apply. For days on a business trip, the employee is paid an average salary, which is calculated according to general rule(Clause 4 of the Decree of the Government of the Russian Federation of December 24, 2007 No. 922). At the same time, the amount of daily allowance issued to an employee also does not depend on his working mode. After all, daily allowances are not a salary, they are paid in full (Articles 167, 168 of the Labor Code of the Russian Federation, clause 11 of the Regulations approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).
For a part-time employee, calculate your salary in proportion to the time worked in a particular month (Article 93 of the Labor Code of the Russian Federation)
Example
Victor M. works at Volga LLC. Since January 9, 2013, he has been given a part-time working week from Monday to Thursday. From December 2 to December 5, 2013, he was sent on a business trip for four working days. The billing period is the last 12 months (from December 1, 2012 to November 30, 2013). There are no excluded periods (vacation, business trip, sick leave, downtime, etc.). Victor's salary is 30,000 rubles. per month. In December 2012, he was credited with 30,000 rubles. within 21 working days. From January 1, 2013 to November 30, 2013 – RUB 265,468.30. in 181 working days. Thus, in total for the billing period, Victor’s earnings amounted to 295,468.30 rubles. (RUB 265,468.30 + RUB 30,000).
The average daily salary for the billing period is 1,462.71 rubles. (RUB 295,468.30: 202 days). Thus, for four days of Victor M.’s business trip, the payment will be 5850.84 rubles. (RUB 1,462.71 x 4 days).
If the business trip falls on a day off of a part-time working week, then it should be paid in the amount of double salary (Article 153 of the Labor Code of the Russian Federation, clause 5 of the Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, when an employee whose work week is set from Monday to Thursday goes on a business trip on Friday (his day off).
Benefits and guarantees for part-time employees
Part-time employees enjoy the same labor rights as those who have normal working hours (Part Three of Article 93 of the Labor Code of the Russian Federation). Thus, regardless of the working hours and the length of the working day, employees work one hour less on a pre-holiday working day (Article 95 of the Labor Code of the Russian Federation, clause 1 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n). In this case, such a day is paid in full. If it is impossible to shorten the pre-holiday day (for example, in a continuously operating organization), then overtime is compensated for by additional rest time or paid as overtime (part two of Article 95 of the Labor Code of the Russian Federation).
In the case where a part-time employee actually works the whole day, the hours worked at the initiative of the employer in excess of the established schedule are considered overtime work. They are paid at an increased rate (Article 152 of the Labor Code of the Russian Federation, letter of Rostrud dated March 1, 2007 No. 474-6-0).
Is part-time work included in special length of service for early retirement?
Part-time working hours are counted in the insurance period as full-time working hours. An exception is employees who have the right to early old-age pension (clause 2 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (hereinafter referred to as Rules No. 516)). The length of service that gives the right to early assignment of an old-age pension includes periods of work performed continuously for a full working day, subject to payment of insurance contributions to the Pension Fund for these periods. An employee working part-time will not lose special seniority, provided that he worked part-time but full-time due to a reduction in production volumes (clause 6 of Rules No. 516).
– Working part-time does not entail restrictions on the duration of annual leave, calculation of length of service and others labor rights Oh. However, those employees who are entitled to early retirement may lose special seniority if they work part-time
Prepared material Olga Plekhanova – Chief Accountant LLC AF "PHOENIX-audit" (Chelyabinsk), magazine expert"Personnel Affairs"
1 Letter of the Federal Social Insurance Fund of Russia dated March 22, 2010 No. 02-03-13/08-2498, clause 8 of the Regulations approved by the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51.
can be installed in an organization only in exceptional cases. At the same time, the legislation provides for a special procedure for warning employees about the upcoming change, limits the length of the short work week and establishes the specifics of calculating wages in this situation. Let's take a closer look at these aspects.
Normal working week length
The law determines the basic standards of working conditions for a working person. These include: the duration of the minimum paid leave, the duration probationary period, minimum size salaries and, of course, working hours.
Working time is the period during which an employee performs his or her job duties. The employer must keep records of the time worked by each employee.
In accordance with Art. 91 of the Labor Code, the standard duration of a 7-day work day is 40 hours, that is, an 8-hour work day with a workload of 5 days a week. Along with this, workers in creative professions, for example, film production employees, theater workers, perform their job functions according to an individual daily schedule, agreed upon in the internal documents of the enterprise.
Reduced working hours and part-time work
In addition to the standard working hours, the Labor Code contains definitions of “reduced working hours” and “part-time working hours”. Essentially, these are similar labor circumstances, representing a duration of the work process that is less than the legally established standard.
Reduced working hours apply to separate groups employees who, due to age, physical features or the specifics of working conditions are difficult to comply with job responsibilities throughout the entire established standard working week. The employer is obliged to reduce the standard working hours for these workers.
Part-time work can be applied to both the workweek and the working day and is determined by agreement between the employee and the management of the organization. Only for some employees (for example, pregnant women) does the employer have an obligation to determine part-time work for them, but also only at the request of the employee.
Duration working day or weeks is one of the terms of the employment contract between the employee and the management of the organization. Regarding the reasons for which the labor conditions established in the contract change, the law provides the following.
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In accordance with Art. 74 of the Labor Code of the Russian Federation, previously agreed upon labor conditions can be changed in the event of upcoming organizational or technological changes, such as:
- changes in production technology or technology;
- regular reorganization of production;
- other changes.
If the agreed reforms can lead to large-scale layoffs of employees, the management of the enterprise, in order to preserve jobs, has the right to establish a procedure for part-time work (shift, day or week), having agreed on such changes with the trade union organization.
The law allows workers to be shortened for up to six months. If the cancellation of reduced working hours is proposed earlier than the day specified for this day, the opinion of the trade union must be taken into account.
If the worker does not agree to work part-time, the employment contract with him may be terminated. The reason for dismissal in this situation will be staff reduction. In this case, the reduction procedure must be followed. The employee must be transferred all monetary payments that are established by law as compensation for layoffs.
How to arrange a shortened working week at the initiative of the employer
Shortened working week involves strict preparatory procedure. Each stage is documented in writing.
So, to establish a part-time working regime at an enterprise, you need to:
- Issue an order to the organization regarding upcoming changes in the work environment.
The order must contain a systematic justification for the need for the declared changes; be listed structural units enterprises that will be affected by these innovations; the specific mode of operation during a shift, day or week is specified. In addition, the order must contain the start date of work in the new mode and the period for which it is introduced in the organization. The document must establish those responsible for notifying the team of employees. There is no strict form established by law for such an order, therefore the order for the enterprise is drawn up in free form, in the form that is usual for similar documents in a particular organization.
- Notify employees.
Each employee who will be affected by changes in the working regime must be notified of this 2 months before the upcoming changes. This is a very important stage in the transition to new order work, since failure to comply with this condition may lead to judicial cancellation of the order on part-time work with the recovery of the difference in wages. Therefore, notification of changes must be in writing. Each employee must sign for the notice of change, indicating the date of receipt. If the employee does not want to sign the notice, you need to prepare a statement about this in the presence of 2 witnesses.
- Inform the employment exchange.
In accordance with paragraph 2 of Art. 25 of the Law “On Employment in the Russian Federation” dated April 19, 1991 No. 1032-1, within 3 days from the date of making the decision to establish part-time work in the organization, you must notify the employment service about this. If the employment authorities are not notified within the period established by law, a fine is possible in accordance with administrative legislation.
Remuneration for a shortened working week
Reducing the duration of working hours at the initiative of the employer, despite the natural increase in the rest period, is not very beneficial to employees, since the amount of wages is necessarily reduced. Rostrud, in letter dated 06/08/2007 No. 1619-6, specifically draws attention to the fact that when working hours are reduced, the salary decreases under any payment system (salary, tariff rates, mixed payment system).
When working under reduced working hours, labor is paid based on the time actually worked or the amount of work produced.
Meanwhile, part-time work should not affect the duration of vacation or other labor guarantees. The average daily wage for payments for sick leave, business trips, and vacation pay is calculated as usual, despite the fact that billing period The employee has had a change in working conditions.
It is important to distinguish between abbreviated working week at the initiative of the employer and a shortened work week by force of law (Article 92 of the Labor Code of the Russian Federation). In the latter case, the reduction in working hours does not affect payment, but is the responsibility of the employer. The above-mentioned categories of workers receive the same salaries as full-time workers.
Part-time working time is a time established by agreement between the employee and the employer, shorter than the normal or reduced working hours for a given employer (Article 93 of the Labor Code of the Russian Federation). It is determined in the form of a part-time working day (in this case, the time of daily work is reduced, but the number of working days per week remains the same - 5 or 6) or in the form of a part-time working week (when the duration of the work shift does not change, but the number of working days per week is reduced ). A combined option is also possible, when both the number of working hours per day and the number of working days per week are reduced.
At the same time, the Labor Code does not establish the minimum and maximum number of hours (days) by which the “main” working time should be reduced. This issue is decided jointly by the employee and the employer. We also note that a part-time or part-time work week can be established either when an employee is hired or later. And if an employee works part-time, then his work is paid in proportion to the time he worked or depending on the amount of work performed.
Whom is the employer obliged to transfer to part-time work?
Part-time working hours can be established at the initiative of the employee. Moreover, the Labor Code of the Russian Federation names certain categories of employees whom the employer does not have the right to refuse if one of them asks to switch to part-time work.
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);
- persons caring for a sick family member with an appropriate medical certificate.
In this case, part-time work is set for a period convenient for the employee, but while there are circumstances that do not allow him to work full time.
The remaining employees can be transferred to part-time work only if the employer does not object to this.
Part-time work at the initiative of the employer
Employees can also be transferred to a part-time work week (part-time) at the initiative of the employer. But only if the organizational or technological working conditions at the enterprise have changed, and this may lead to mass layoffs of workers. Then, for the purpose of preserving jobs, the employer can introduce a part-time working regime for up to 6 months, taking into account the opinion of the trade union organization, if there is one in the organization (
The current economic situation has forced many organizations to reconsider their work patterns. One of the ways to overcome the difficulties associated with a decrease in production volumes was the transition to part-time work. That's what we'll talk about.
Defining the terms
Part-time work is a form of employment in which the employee’s working hours are less than those established by law. By agreement between the applicant and the employer, upon hiring, and also subsequently, a shortened day can be established (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not define the concept of “part-time working”. And here is the Convention international organization on Labor (06/24/1994) No. 175 defines this term as working time, the duration of which is less than the normal working day. It should be noted that the mentioned document has not been ratified by Russia. But commitments were made to review its provisions for approval by Russian trade unions and employers' associations.
Part time
The Labor Code states that several options for organizing work in this mode are possible:
- Reduce the length of the working day or shift by certain hours (all working days of the week are reduced).
- Reduce the number of working days per week, but still maintain the usual working hours or shifts.
- Reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in the week.
However, one should not confuse part-time work with shortened work, which is referred to in Article 93 of the Labor Code of the Russian Federation and which is established for certain categories of citizens. For example, for persons under sixteen years of age, disabled people, students, workers employed in harmful areas production, etc. For such employees, reduced working hours are the complete norm. If you are interested in any information regarding your rights or working conditions, you can always read the Labor Code with comments. There the explanations are presented in detail and in an accessible form.
Time sheet for part-time work
Everyone knows that at an enterprise, HR officers keep time sheets. It is then that the accounting department uses when calculating wages. Therefore, the time sheet is one of the main documents for the HR department.
So, in it, accounting for part-time work, at the request of the employee, is marked with the code “NS” or “25” (according to the resolution of the State Statistics Committee of January 5, 2004 No. 1). In this case, we are talking about part-time work, since non-working days during a shortened week will be celebrated as weekends.
Wages and holidays
Part-time work will be paid differently from regular work. The fact is that in the conditions of carrying out activities in this mode, there is a clear reduction in wages. And this is logical. Accrual will be carried out in proportion to the time that the employee worked, or for the volume of work performed by him (Article 93 of the Labor Code of the Russian Federation).
But vacation with part-time work is exactly the same as with a regular schedule. When calculating vacation pay, other labor rights are also taken into account. In fact, short working hours do not affect the duration of annual leave. Calculation of average daily earnings for the calculation of business trips, sick leave and vacation pay occurs in the usual manner, according to regulatory documentation. Changing the employee’s work schedule during the billing period does not play a role.
At the same time, if they want to involve a person in performing a task outside the schedule that is established for him, then this type of activity will already be considered overtime work (Article 99, 152 of the Labor Code of the Russian Federation), and therefore will be paid accordingly.
Work on your days off during a shortened working week is also paid in increased volume(Articles 153, 113 of the Labor Code of the Russian Federation).
We have introduced you to the main points regarding remuneration if you are employed part-time. The Labor Code protects the interests of citizens. However, it should be remembered that in practice the norms that are clearly outlined in regulatory documents are not always followed. That’s why we need to know our rights in order to monitor their compliance.
Registration of part-time work
Sometimes it happens that people need to reduce their time at work for some reason. objective reasons. And they ask the question: “How to apply for part-time work?” It's not difficult at all.
We have already said earlier that initially, by agreement of the parties, an appropriate employment contract. Part-time work is stated in it as the working mode of a certain employee.
In what other cases is the employer obliged to transfer the employee to a reduced work schedule?
Article 93 of the Labor Code of the Russian Federation specifies the following categories of citizens:
- Pregnant women.
- Parent of a child under fourteen years of age. This could be the mother, father, or guardian.
- Persons caring for a sick relative (with a medical certificate).
To switch to a new one, you just need to write an application for part-time work.
In addition, people on parental leave have the right to work on a special, shortened schedule. At the same time, they retain the right to receive social insurance benefits. Moreover, this opportunity is available to both the child’s mother and father, grandmother, grandfather, and guardian, who actually care for the baby (Article 256 of the Labor Code of the Russian Federation).
As we said above, transfer to part-time work occurs at the request of the employee upon submission of an application.
Let's give an example of such a document.
I am asking you to transfer me to part-time work (seven working hours a day) from 10/01/2012 to 12/31/2012 due to pregnancy.
A certificate of pregnancy is attached.
Based on the application, the personnel officer writes an order for part-time work. See sample below.
About transferring to part-time work
Based on the statement of accountant A. A. Ivanova dated September 29, 2012 and in accordance with the Labor Code of the Russian Federation, Art. No. 93
I order:
1. Provide accountant A. A. Ivanova with part-time work from 10/01/2012.
2. Set the following work schedule for accountant A. A. Ivanova:
- Five-day work week with two days off.
- Reducing the duration of daily work by one hour.
- The working week is thirty-five hours long.
- Working hours: Monday - Friday: from 9:00 to 17:00, lunch break: from 13:00 to 14:00.
3. The accounting department will pay A. A. Ivanova’s salary in proportion to the time she worked.
4. Entrust control over the implementation of the order to Deputy V.V. Khorkina.
Director Vasechkin I.V.
The following have been familiarized with the order:
Change of employment contract
If one of the employees at the enterprise has a working schedule different from the generally accepted one, this must be reflected in the employment contract (Article 57 of the Labor Code of the Russian Federation). If changes have occurred recently, then it makes sense to make some adjustments. It is not necessary to completely change it; it is enough to draw up an additional agreement that will reflect the innovations.
All agreements or additions to them are made only in writing (Article 72 of the Labor Code of the Russian Federation).
Up to this point, we have considered only those cases when the initiator of a change in the work schedule is the employee himself. But it often happens that for a number of reasons the previous provisions of the employment contract cannot be maintained. Then they can be changed by the employer’s decision. In this case, the company is obliged to inform its employees in advance about the upcoming changes and the reasons that led to this. The employer notifies employees that they will be transferred to part-time work 74) no later than two months in advance.
Such changes are possible when an enterprise is faced with a choice: either carry out a mass layoff of workers, or, in order to preserve a certain number of jobs, introduce a part-time working day (see the code with comments). The law provides for such a procedure for up to six months.
We emphasize that the indicators of mass layoffs are defined in intersectoral and territorial agreements (Article 82 of the Labor Code of the Russian Federation). The most striking example of such a situation can be a large reduction in the number of employees due to the liquidation of an organization or the reduction of entire divisions of the enterprise.
Part-time work (the Labor Code of the Russian Federation contains such information) is then established by a single order for the enterprise. Employees are notified in writing against signature. Moreover, consent or disagreement to work in changed conditions is written down right there, in the order, or in a separate document. According to the Labor Code, if a person does not want to work according to the new schedule, the employment contract with him is terminated automatically (clause 2, part 1, article 81). In this case, the employee is paid compensation.
Of course, all changes in the employment contract should not worsen the situation of employees, in comparison with the clauses. The abolition of the part-time regime earlier than the period for which it was introduced is carried out by the enterprise with the participation of the trade union organization.
Part-time work for moms
Let's now take a closer look at the issue of part-time work for women. We have already mentioned that while on maternity leave, a woman has every right to go to work part-time. In this way, the young mother will be able to get back into the swing of things and not lose her qualifications. How to properly register such an employee for work?
Let us remind readers that parental leave is issued by mothers until their son/daughter reaches the age of three (Article 256 of the Labor Code of the Russian Federation). During this period they retain workplace. Article 256 of the Labor Code of the Russian Federation, part 3 states that a woman can go to work at this time on a part-time basis. It turns out that until the baby turns three years old, his mother can be on vacation and work at the same time.
Features of reduced working hours for women
Part-time work can be established for a woman for any period of time (if we're talking about about the mother of small children). There are no restrictions in this regard in the labor code. That is, two options are possible. First: the event before which adjustments are made to the employee’s work schedule is indicated. And the second option does not provide any dates.
The law does not indicate exactly what the length of the working week should be in this case. In fact, a woman can work a couple of hours a week, and thirty-nine... This issue is not regulated by law.
If an employee works more than the established norm, then these are overtime hours, which must be paid separately.
Please note that feeding breaks infant included in working time (Article 258 of the Labor Code of the Russian Federation). According to the employee herself, who has a baby under the age of one and a half years, she is provided with hours for feeding, in addition to a break for rest and food.
Also, women with part-time work have the right to a shortened pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm, the young mother is either compensated financially, such as overtime, or she is given an additional day off.
In the report card, the hours worked by the woman are entered under the code “25” or “NS”.
For a part-time working week, the number of days worked is indicated, and for a part-time working week, the actual hours worked. Weekends are entered under the code “26”.
Filling out a report card for a young mother has its own characteristics. After all, she is actually at work and on maternity leave at the same time, which frees her from the obligation to work. Therefore, as a rule, two corresponding codes are entered into the document. To do this, an additional line is added to the timesheet.
How to reflect on breaks for feeding a child? There is no clear answer. Two options are offered. In the first case, you can simply mark this time as working time, because that’s what it actually is. And the salary will be calculated according to the order based on average earnings, because breaks are paid according to the average.
And in the second case, they propose to show feeding times on the time sheet, which, according to many experts, is not very convenient and even pointless.
Paperwork for a young mother
If a woman who is on maternity leave is initially hired on a part-time basis, this is stated in the employment contract. The employment order must contain a schedule of its activities, indicating a lunch break and days off. Salary is calculated in proportion to the time worked.
But if an already working employee needs to be transferred to part-time work, then she writes an application for this. In it, she indicates the reason for her request (the presence of a child under three years old) and the period for which she plans such changes. The transfer of the woman to will be formalized by order. It is also advisable to make an addition to the employment contract, which will indicate the changes - this is the more correct thing to do.
Is it possible to transfer to another job?
When a woman switches to part-time work, it is possible to transfer her to another site. Of course, a similar position should be provided. Moreover, such a transfer is not even entered in the work book.
In order not to deal with bureaucracy and not to hire an employee permanent job, you can go a different way. As you know, there are civil contracts that are drawn up to perform a certain type of work. With their help, you can attract a woman to regular or irregular cooperation with the enterprise. The work performed by her will be accepted using acceptance certificates. Payment will be made in accordance with the agreement. This option is beneficial for both the enterprise and the woman.
Summing up the topic, I would also like to emphasize that the employee has the right to return to full-time work at any time. For this, only her desire and a written statement are enough. There are no legal restrictions in this regard. Based on the application, the personnel officer prints the order.
Instead of an afterword
In our article, we tried to understand as much as possible the nuances of registering part-time work. To summarize, I would like to advise that if you have any questions regarding labor legislation, refer to a document such as the Labor Code with comments. And don’t let such a harsh name scare you. In it you can find answers to many topics that interest you. We hope that our article will be useful to you.
"Payment: accounting and taxation", 2009, N 1
Switching to part-time work: questions legal regulation and wages
Today, downsizing an organization's workforce has become commonplace in times of economic crisis. But there is an opportunity to avoid procedures that are unpleasant for both parties - transferring employees to part-time work. Let's consider when this is possible, how wages are calculated in this case and what documents are required.
Rules of law
According to Art. 91 of the Labor Code of the Russian Federation, working time regime is the distribution of working time within a day or other calendar period, the beginning and end of daily work (shifts), the beginning and end of breaks for rest and food, as well as the time during which the employee, in accordance with the rules of internal labor regulations and the terms of the employment contract must perform labor duties.
Wherein labor legislation The following types of working hours are established:
Normal working hours;
Reduced working hours;
Part-time work.
Based on Art. 91 of the Labor Code of the Russian Federation, normal working time is considered to be a work duration of 40 hours per week. This provision applies to all enterprises without exception, including private and individual ones, if the work is performed in normal conditions labor and workers do not need special labor protection measures.
In cases where employees are engaged in work with hazardous and (or) dangerous conditions labor, a shortened working week is established - no more than 36 hours per week (Article 92 of the Labor Code of the Russian Federation).
Reduced working hours are also provided for:
For workers under 16 years of age - no more than 24 hours a week;
For workers aged 16 to 18 years - no more than 35 hours per week;
For workers who are disabled people of group I or II - no more than 35 hours per week.
Working hours for students educational institutions under the age of 18, working for school year in free time from study, cannot exceed half of the norms established by Part 1 of this article for persons of the corresponding age.
Also, the Labor Code of the Russian Federation may provide for reduced working hours for other categories of workers (teaching, medical and other workers).
In contrast to the reduced work schedule, part-time work is introduced by agreement between the employee and the employer. Part-time work (shift) or part-time work week can be established both upon hiring and subsequently (Article 93 of the Labor Code of the Russian Federation).
Based on Part 5 of Art. 74 of the Labor Code of the Russian Federation in the case when reasons related to changes in organizational or technological conditions labor (changes in equipment and production technology, structural reorganization of production, other reasons) may lead to mass layoffs of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization, to introduce a part-time working day (shift) and (or) part-time work for up to six months.
If the initiative to establish part-time work comes from the employer, then the employee must be warned about this in writing no later than two months in advance (Part 2 of Article 74 of the Labor Code of the Russian Federation).
To do this, it is necessary to issue an order for the main activity of the enterprise.
│ LLC "Integral" │
│ Order No. 25 │
│ All workers must be familiarized with this order and signed. │
│ Director of Integral LLC Romanov A.N. Romanov │
┌─────────────────────────────────────────────────────────────────────────┐
│ Familiarization sheet │
│ With the order of the director of LLC "Integral" dated 01.12.2008 N 25 "About │
│ establishment of a three-day working week" has been familiarized with: │
│ Ivanov │
│1. Head of Production Department Petr Sergeevich Ivanov ------ 12/01/2008;│
│ Zakharova │
│2. Maintenance dispatcher Zakharova Olga Vasilievna -------- 02.12.2008; │
│ Kolosov │
│3. Operator-setter Kolosov Oleg Borisovich ------- 02.12.2008; │
│ Makeev │
│4. Operator-setter Makeev Sergey Alekseevich ------ 12/03/2008; │
└─────────────────────────────────────────────────────────────────────────┘
If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to him (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid work), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
If there is no corresponding work or the employee refuses the offered work, the employment contract is terminated by virtue of clause 7, part 1, art. 77 Labor Code of the Russian Federation.
But there are cases when the employer is obliged to establish a part-time working week or working day at the request of an employee, in particular pregnant women, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18) , as well as persons caring for sick family members according to a medical report (Part 1 of Article 93 of the Labor Code of the Russian Federation). To do this, you only need a personal statement from the employee addressed to the head of the organization. A part-time working week is established or canceled at the request of the employee, taking into account his personal circumstances.
In practice, it is possible to introduce a part-time working regime in the form of a part-time working week, part-time working day, or part-time working week and part-time working day at the same time.
Remuneration for part-time work
In Part 2 of Art. 93 of the Labor Code of the Russian Federation states that when working on a part-time basis, the employee’s payment is made in proportion to the time he worked (if time payment labor) or depending on the volume of work performed (for piecework wages).
Example 1. The salary of an enterprise employee is 45,000 rubles. Due to a reduction in production volumes at the enterprise in October 2008, a three-day work week was established by order of the manager.
If, with a full five-day working week, according to production calendar in October there are 23 working days, then taking into account three working days a week - 15. Consequently, the employee’s earnings in a part-time working week will be 29,347.83 rubles. (RUB 45,000 / 23 days x 15 days).
Example 2. Let's change the conditions of example 1: suppose that the employee was given a 6-hour working day instead of an 8-hour one, while he still had a five-day working week.
Salaries will be calculated in hours actually worked per month, not in days. Wage employee for October 2008 will be 33,750 rubles. (RUB 45,000 / 184 h x 138 h).
According to Part 3 of Art. 93 of the Labor Code of the Russian Federation, 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. For example, an employee who works part-time for 3 days a week or 24 hours is entitled to the same amount of paid annual leave as an employee who works 40 hours a week. The additional paid leave for irregular working hours provided for in Art. 119 Labor Code of the Russian Federation.
The procedure for calculating average earnings for vacation pay for employees who are assigned part-time work is no different from the general procedure.
I.A.Poproshaeva
Journal expert
"Salary:
Accounting
and taxation"
Signed for seal