Part-time job shopping mall rf with comments. Part-time, half-time job

Working hours are regulated by the Russian Labor Code. Part-time work is characterized in article 93 as a reduction in working hours, paid in proportion to the number of hours worked, shifts. Part-time work is provided in the application form.

Transition to part-time work

With a request to switch to work on a shortened schedule, each employee has the right to contact the employer. Mandatory approval is possible if the employee belongs to the privileged category of persons. The employer has the right to prohibit everyone else from working under a shortened regime if it is unprofitable for him

The employer is obliged to accept the application and agree (or refuse) the work schedule for the reduced version.

  • future mothers;
  • parent, guardian, guardian of a child under 14 years of age and a disabled child under 18 years of age;
  • a person caring for a sick family member, the condition of the disease is confirmed by a medical report.

The beneficiary can work on a shortened schedule for as long as necessary in connection with the circumstances that have arisen. The daily routine is adjusted taking into account the needs of the employee and production features.

The earnings of a part-time worker will be less. Accrual is carried out taking into account the hours worked (produced for the change of products).

A shortened schedule can be set both for an unlimited time and for a strictly defined period. Conditions are reflected in the employment contract.

A shortened worker is granted annual leave of at least 28 days. Work experience is not sequestered. The procedure for establishing part-time work is regulated by Article 93 of the Labor Code of the Russian Federation “Part-time work time».

What is a part-time job

Additional Information

Part-time work is a form of employment in which the duration of the worker's working hours is less than that defined by law. By agreement between the applicant and the employer when applying for a job, and also subsequently, a shortened day may be fixed (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not provide a decoding of the concept of "part-time work". Here is the Convention international organization on labor (24.06.1994) No. 175 designates this term as working time which is shorter than the normal working day. It is important to know that this document has not been ratified by Russia. But commitments were made to consider its provisions for approval by Russian trade unions and employers' associations.

Get a job or go to work incomplete schedule the employee must in a declarative manner. In this case, he has the right to choose any suitable option:

  • part-time: 4, 5 or 6 hours, not 8.
  • incomplete working week, for example, with work for eight hours a day, but three days a week instead of five;
  • short day and week mode: work 6 hours a day, three days a week instead of five.

In addition to the groups of persons listed in the article of the Code who are entitled in accordance with the Labor Code of the Russian Federation to part-time work, those on parental leave and postgraduate students studying in absentia can work part-time.

Persons who do not belong to any of the privileged categories are also allowed a shortened work schedule.

How does part-time work affect wages and vacations?

By switching to shorter hours of work, the employee loses earnings. According to Art. 93 of the Labor Code of the Russian Federation, remuneration in such cases is made on the basis of the time actually worked or the volume of products produced.

For the number of days annual leave Partial work hours are not affected. Vacation pay is calculated according to general rule based on average daily earnings.

Multiplying the number of rest days by average salary per day, the amount of vacation pay is calculated. To calculate the average daily earnings, an annual period is taken and only labor payments. Disability allowance, various social supplements are not taken into account.

Working on a reduced working day, the employee enjoys the same labor rights as the rest of the workers. There should be no infringement of the rights and guarantees of such an employee. But you need to understand that wages, and therefore all payments (sick leave, vacation pay, BIR allowance), calculated on average daily earnings, will be less.

Can an employer force you to work part-time?

fixed labor law the usual norm of working time is 40 hours per week, working 8 hours with two days off. Working time is the time given to an employee to complete labor standard, plan, task. When normal hours of work are shortened, wages are also reduced.

Curious facts

Do not confuse part-time work with a reduced one, which is mentioned in Article 93 of the Labor Code and which is established for certain categories of persons. For example, for citizens under 16 years of age, disabled people, students, workers employed in hazardous areas of production, etc. For such workers, reduced working hours are considered the full norm. Detailed information regarding the rights of workers or working conditions is presented in the Labor Code with comments. If necessary, you can contact him.

Such a schedule does not cause any complaints in cases of voluntary transition. Problems can arise when part-time work is introduced at the initiative of the employer, and such a schedule is most often unprofitable for the employee.

By law, the employer has the right to introduce a part-time work week for up to 6 months. If the employee does not agree with such a change in the labor schedule (in this case, he loses pay), the employee is dismissed under Part 2 of Art. 81 of the Labor Code of the Russian Federation. In this case, the dismissed person is compensated.

How to get a part-time job

Before registering an employee for a part-time job, if such an application is received, the employer must establish whether the applicant belongs to the preferential category of workers or not.

If the employee does not belong to the privileged category, you should:

  1. Determine the amount of work available production tasks and other factors to decide whether the applicant's request can be granted. If the nature of the work allows, the employer has the right to grant permission.
  2. If an employee is just getting a job, the employment contract indicates in what mode he (at 1/2, at 3/4 of the rate, etc.) will work and what amount of remuneration he will be set for this.
  3. If an already working employee requests a change in the operating mode, information on the transition to a new mode of operation is entered in a separate document, by agreement of the parties. It is mandatory to indicate the amount of the full salary for this position and the amount of payment when working part-time, quarter-rate, etc. If necessary, the period for which an additional agreement for part-time work is concluded. The sample for drawing up an additional agreement is not regulated by the Labor Code of the Russian Federation. The agreement is made in free form, but always in writing (Article 72 of the Labor Code of the Russian Federation).

Accordingly, the accrual of salaries, taxes, disability benefits will be carried out in proportion to the established rate.

If the employee belongs to one of the categories specified in Art. 93 of the Labor Code of the Russian Federation, the head is obliged to provide desired chart labor unconditionally.

Further registration for work takes place in the usual manner.

It must be remembered that a part-time worker is subject to all labor rights and guarantees provided for by law: payment of sick leave, next vacation and etc.

Quite often, the employee himself is the initiator of changing the work schedule. But sometimes it happens that for a number of reasons the previous items cannot be saved. employment contract. Then they can be changed at the discretion of the manager.

In this case, the organization must inform its employees in advance about the impending changes and the reasons that led to this. The employer informs the employees that they will be transferred to part-time work (Labor Code of the Russian Federation, Art. 74) no later than two months in advance.

Compensation to the employee of income lost due to the fault of the employer

The Labor Code obliges the employer to compensate the employee for the loss of income if there are such cases as:

  • illegal dismissal, suspension from work, transfer to another place;
  • non-compliance with court decisions or labor inspectorate that restored the violated rights of the employee;
  • non-issuance of labor on time or making an incorrect entry in it about the reasons for dismissal.

In these cases, the employer is obliged to compensate the employee for lost wages.

Part-time work is described in the video

First pension for part of the month

How is the first pension calculated for an incomplete month, if it is assigned, for example, from the 10th day. The amount of the pension is calculated according to the formula:

A \u003d B x (N - 10): N, where

A - the amount of the pension for an incomplete month
B - the amount of the pension
N is the number of days of the month, 30 or 31.

In such cases, employees of the territorial FIU determine the payment in proportion to the days of accrual. Consequently, only part of the pension is due for an incomplete month.

To get a lawyer's comment - ask questions below

Under certain circumstances, employees may work part-time. The minimum part-time work is determined by the employer and is not legally established.

Part-time work may be provided for in an agreement between the employee and the employer. At the same time, the employer is obliged to establish part-time work at the request of a pregnant woman, 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 a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation.

Length of part-time work for this category of workers minimum size is not limited and in practice is established taking into account the wishes of the employee and the actual timing of the performance of a certain labor function by him during his work.

Under such conditions of work, the employee is paid in proportion to the hours worked. All social guarantees reserved for the employee. That is, he is also entitled to annual paid leave, sick leave etc.

Reduction of working hours can occur both at the initiative of the employer and at the initiative of the employee. On the part of the employer - in the event of a change or reduction production process. On the part of other categories of workers - under any other conditions expressed in their statements, which will seem to the employer quite weighty.

Minimum part-time work

The Labor Code does not establish a minimum working time, only a maximum of 40 hours per week. Therefore, in situations requiring the transfer of employees to part-time work or part-time work, the employer himself sets the length of working time.

This occurs in cases where, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.), the terms of the employment contract determined by the parties cannot be fulfilled.

The employer is obliged to notify the employee in writing about upcoming changes (in this case, the introduction of part-time work), the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than 2 months, unless otherwise provided by the Labor Code.

When the reasons mentioned above may lead to mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 Labor Code to adopt local regulations, introduce a part-time (shift) and (or) part-time working week for up to 6 months.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated due to downsizing. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

In cases where the employer takes such a step to avoid mass layoffs, this duration can even be one hour per day. At the same time, due to the fact that the employee switches to special working conditions, his monthly salary may be less than the minimum wage. That is, the employer does not pay the employee up to the minimum wage if the salary calculated in proportion to the time worked is less than this norm.

Note. The employer can set any length of part-time work.

Too little part-time work: the consequences

Depending on specific working conditions Other hours of work may be set. Based on the working conditions and the performance of a certain function (for example, teaching), the duration of part-time work can be, say, 2-3 hours a day or 1-2 days a week.

For failure to comply with the obligation to notify the employment authority, it is possible to be held liable in the form of a fine:

- for an organization - in the amount of 3,000 to 5,000 rubles;
- for the head - in the amount of 300 to 500 rubles.

As recommendations on the length of working hours, it can be noted that it is best to set such working hours for employees so that they have time to perform the necessary labor functions and at the same time do not feel the infringement of any rights.

A. Hong,
Chief Accountant of the NAECO GMK Group of Companies

Article review:
B. Chizhov,
deputy head of business department
case management Federal Service for work and
employment, state adviser of the Russian Federation II class

"Actual Accounting", N 5, May 2011

*(1) Art. 92 and 93 of the Labor Code of the Russian Federation
*(2) Art. 93 of the Labor Code of the Russian Federation
*(3) Art. 91 Labor Code of the Russian Federation
*(4) Art. 74 Labor Code of the Russian Federation
*(5) Clause 2, Part 1, Art. 81 of the Labor Code of the Russian Federation
*(6) Art. 423 of the Labor Code of the Russian Federation
*(7) p. 8 post. State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated April 29, 1980 N 111 / 8-5

1. The term "part-time work" used in Article 93 of the Labor Code of the Russian Federation covers both part-time work and part-time work.

With part-time work, the number of hours of work per day is reduced compared to what is established in the organization by the schedule or schedule for this category of workers (for example, instead of 8 hours - 4).

Part-time working week means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish an employee with a part-time working week with part-time work (for example, 3 working days a week for 4 hours each).

Unlike reduced working time, which is a full measure of the duration of work established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time work is only part of this measure. Therefore, with part-time work, remuneration is made in proportion to the hours worked, and with piecework pay, depending on the output.

Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both when applying for a job, and during the period of work. The condition of part-time work must be reflected in the employment contract or drawn up as an addition to it.

2. The law does not limit the circle of persons for whom part-time work is allowed. It can be established by any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish for the employee, at his request, a part-time working day or a part-time working week. Thus, part-time work is mandatory at the request of: a pregnant woman; one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal and other regulatory legal acts of the Russian Federation.

Consolidation of the right to mandatory establishment of a part-time regime of only one of the parents who has a child under the age of 14 (a disabled child under 18) means that if the need for such a regime arises with the second parent, he must resolve this issue in general order, i.e. by agreement with the employer.

In addition to the above categories of persons, the employer is obliged to establish part-time work at the request of the disabled person, if such a regime is necessary for him in accordance with the individual rehabilitation program, which is mandatory for organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Disabled Persons ).

The refusal of the employer to satisfy such a request may be appealed to the labor dispute resolution bodies.

3. Part-time work is established for a fixed period or without specifying a period. At the same time, work on a part-time or part-time working week is indicated in the content of the employment contract (see article 57 and comments to it).

Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and study leave; the time of work is counted in the length of service as full-time work; weekends and holidays provided in accordance with labor laws.

In work books, a mark on work with part-time work is not made.

On part-time work for women and other persons on leave to care for a child under the age of 3, see Part 3 of Art. 256 and comment. To her.

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible in connection with changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of this organization for up to 6 months.

For the transfer to this mode, see comments. to Art. 74.

Persons hired on a part-time or part-time working week, as well as those employed at half the rate (salary) in accordance with an employment contract, are included in the list of employees of the organization. In the headcount, the specified employees are taken into account for each calendar day as whole units, including non-working days weeks due to hiring.

Persons who worked part-time in accordance with an employment contract or transferred from written consent employee for part-time work, when determining average headcount employees are counted pro rata to hours worked (see Instructions for Completing the Federal statistical observation N 1-T "Information on the number and wages of employees", approved. Decree of Rosstat of October 13, 2008 N 258 // Questions of statistics. 2009. No. 1).

Getting a job between the parties: the employer and the employee draw up an employment contract. Thanks to the document, at the initiative of the head or employee, on a legal basis, it is possible to establish a certain labor regime. If for some reason an employee needs a part-time job, the employer does not have the right to refuse him. To the question: how the process of changing the work schedule takes place correctly and what is the difference between a shortened and part-time working day, you can get an answer in the material.

Part-time mode - article 93 of the Labor Code of the Russian Federation

Not everyone is suited to a full-time work schedule. By agreement of the parties, on the basis of the provisions, some employees may apply for a reduced amount of time.

Draw up a reduction agreement working days you can categories of people:

  • a pregnant woman;
  • A citizen who cares for a child under 14 and up to 18 if the smaller family member is disabled;
  • An employee who, according to testimony medical specialist difficult working conditions are contraindicated.

In such cases, the employer must establish a reduced time regime for the specialist. The size wages depends on hours worked. As for annual leave and accrual of seniority, the conditions for a shortened working day do not differ from a full-fledged schedule, based on the provisions of the Labor Code of the Russian Federation.

Who can set up part-time work?

The employer will establish and, as a result, regulate the temporary regime of the employee. The part-time work regime at the initiative of the employer includes the following procedure:

  • The employer issues an order based on .
  • Notifies employees of the decision.

If the employee agrees with the changed working conditions - a reduced number of days, the manager, together with the employee, must change the rules of the contract. If the employee does not agree to a reduced schedule at the initiative of the manager, executive issues an order for his dismissal.

Before notifying the wards of a change in working hours, there must be good reasons for this and a salary corresponding to the changed schedule.

The reasons that may influence the decision to change working conditions for employees from full time to reduced work include: mass layoffs. The manager changes the workflow for a reduced number of days only for a good reason.

The process of establishing part-time work at the initiative of the employer

The employer can change the time schedule for employees to part-time work only on good grounds for no more than half a year. The boss must make a decision together with the trade union body.

The process of changing the operating time mode includes:

  • Execution of an order as a result of a mass layoff. According to the provisions, the employer sets a reduced day if employees want to quit en masse due to poor production and technological working conditions;
  • The head can draw up an order only taking into account the opinion of the trade union organization that operates within the company;
  • If the boss and the trade union body have come to the conclusion that the schedule with a decrease in working time - only decision to eliminate the mass resignation from positions, to notify the changed conditions of employees in advance;
  • In case of consent, an agreement is drawn up and those chapters that include information on the production schedule of the wards are edited.

If the worker does not agree with the reduced regime that the manager wants to establish, a break occurs labor relations, relying on paragraph 2 of part 1 . Even if the employer's initiative to change working conditions was not liked by the employee, all payments - salaries, compensations, benefits and additional bonuses must be implemented on the last day of care.

Change of working mode at the initiative of the employee

The part-time regime at the initiative of the employee is the same legal procedure as changing working conditions at the request of the authorities.

In order to issue a reduced day for an employee:

  • Writes an application with a request to change the working hours. In order for the employer to agree, it is necessary to describe in detail the reason and grounds for which the employee wants to issue a reduced amount of working time in the document. The reason, as a rule, is of the following nature - caring for a sick family member, doctor's testimony about the deterioration of health, pregnancy;
  • In addition to the reason, you need to indicate the duration of such a schedule, the number of hours by which the workflow is reduced and the form of work - part-time or shortened week;
  • It is better to attach a document to the application that will testify to the fact that it is necessary to make changes in working conditions.

With the consent of the employer, an additional agreement is drawn up as the basis for issuing an order on the decision to change the rules of the contract.

How to issue an order for the establishment of part-time work - sample

The application of the order guarantees a change in the working regime on a legal basis. In order for the procedure for the changed schedule to go quickly, you need to be able to correctly draw up an order.

Its layout includes:

  • Information about the compiler;
  • Full name of the organization;
  • Reason for schedule change;
  • The total number of days of work;
  • Duration and form of the regime;
  • Number of hours for rest;
  • Method and amount of payments;
  • Date of compilation and signature of the head.

You can see below how to fill out the order correctly. The order must be submitted to the employee for consideration. In case of violation of this rule, the order to change the schedule will not be considered valid.

Is there a difference between reduced and part-time work?

At the legal level, there is a difference between reduced and part-time work. Reduction of working days valid for certain categories of people - disabled people, minors, based on the provisions .

Part time can be installed according to labor agreement, which is compiled by the employee and superiors when hiring and subsequently, according to . With a reduced schedule, payment is made in full. With a reduced time schedule, the monthly capital depends on the number of hours worked.

By agreement of the parties to the employment contract, the employee, both at the time of hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.



Comments to Art. 93 of the Labor Code of the Russian Federation


1. The term "part-time work" covers both part-time work and part-time work. With part-time work, remuneration is made in proportion to the hours worked, with piecework pay - depending on the output.

Part-time workers enjoy the same labor rights as workers with regular working hours.

The commented article does not limit the circle of persons for whom the introduction of part-time work is allowed.

Recommendation N 182 of the ILO "On part-time work" (1994) contains recommendatory norms for the employer. According to the Recommendation, "part-time worker" means an employee whose normal hours of work are less than the normal hours of work of full-time workers in a comparable situation.

2. The length of working time for a particular employee may be determined by an individual labor contract. In such situations, it is not allowed to increase the working time in comparison with the maximum norms established by law, but it is possible to reduce it by mutual agreement of the subjects (parties) of the employment contract. The law does not prohibit the parties to an employment contract from agreeing to work on a part-time basis both at the conclusion of an employment contract and subsequently (i.e. during its validity). Part-time work with proportional pay may provide for, by mutual agreement of the parties, a reduction in working time by any number of hours or working days.

Part-time work is established at part-time work, as well as in cases where the organization provides for staffing incomplete wages.

3. Part-time work may not only be established, but also canceled by agreement of the parties to the employment contract. The initiative to introduce part-time work comes mainly from the employee, and the employer can satisfy his request, if this does not disrupt the production process.

In cases where there are changes in the organization of production or technological process, the initiative to transfer to work on a part-time basis may come from the employer, about which he is obliged to notify the employee 2 months in advance, since it means a change essential conditions labor.

4. The legislation provides that in certain cases, if the employee expresses his will, the employer is obliged to establish a part-time work for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under the age of 14 (a disabled child under the age of 18) or a person caring for a sick family member in accordance with with a medical opinion. Persons with disabilities are also entitled to part-time work. Medical recommendations on the establishment of part-time work for disabled persons are mandatory for the employer (Articles 11 and 23 of the Law "On social protection disabled people in the Russian Federation").

5. Part-time workers are entitled to full annual leave, and study leave. The time of work is counted in their length of service as full-time work. They are entitled to receive a bonus for the work performed, which is accrued on a general basis. They are provided with weekends and holidays in accordance with the Labor Code and the shift schedule. AT work books employees are not recorded that they performed part-time or part-time work.

6. When establishing part-time work, remuneration is made in proportion to the time worked without additional payment. At the same time, the employee is not entitled to demand remuneration in the amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have fulfilled the full work rate. In this part-time work differs from reduced hours of work. Part-time work is used in various ways.