Introduction of part-time work at the initiative of the employer

Who has the right to work part-time?

Part-time working hours are established (Article 93, Article 256 of the Labor Code of the Russian Federation):

Part-time work at the initiative of the employee

The introduction of such a daily routine requires compliance with three stages:

Let's take a closer look at each of them.

Employee's message

The law does not require contacting management in writing. But the statement confirms the employee’s interest in changing the work schedule and eliminates the possibility of coercion by the employer.

The statement states:

• name, position of the employee;
• desired operating mode;
• the reason for adjusting the daily routine (if any);
• duration of part-time work and its start date.

If the application is submitted by an employee who cannot be refused, then supporting documents are attached.

For example, when one of the parents of a child under 14 years of age applies, a certificate about the working hours of the second parent is provided, since only one of them can use the right to part-time work (Letter of the Ministry of Labor dated November 17, 2017 No. 14-2/B-1012).

Sample application form for part-time employee

Drawing up an additional agreement to the employment contract

When hiring, the conditions for part-time work are immediately written down in the contract. If the labor regime changes later, then the conclusion of an additional agreement is mandatory - after all, the terms of the contract change.

The agreement specifies (Article 57, Article 72 of the Labor Code of the Russian Federation):

• Working hours: duration of the working day and week, weekends and working days, starting and ending hours of work, breaks. In the new conditions, an irregular regime is impossible (Article 100, Article 101 of the Labor Code of the Russian Federation).
• Remuneration: in proportion to the time of work or the volume of duties performed (Article 93 of the Labor Code of the Russian Federation). It is important to write down the payment provisions in detail so that the employee does not have questions about why, with a full staff position, he received one amount, and with 0.5 of the salary, only half.
• Duration of part-time work: temporary or indefinite. When applying to an employee who cannot be refused, the period should not exceed the period of preferential circumstances (Article 93 of the Labor Code of the Russian Federation).
• Effective date of the changes.

Standard hours for a shift work schedule according to the Labor Code

Working time recording is the measurement of compliance with an employee’s obligation to fulfill standard working hours. There are modes:

• with daily wages;
• weekly;
• summarized accounting of working hours.

Sum count

According to Part 1 of Art. 104 of the Labor Code of the Russian Federation, in this special regime, the duration of working hours during the accounting period should not exceed the normal number of working hours, and the accounting period itself cannot exceed 1 year.

Summarized recording of working time is relevant if the employer does not have the opportunity to introduce daily or weekly recording of working time due to the specific nature of work. However, in the accounting period, each week should account for no more than 40 hours of working time.

It is possible to comply with the requirements of the current legislation if you correctly organize the continuous labor process and correctly calculate the standard working time, relying, among other things, on the Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n “On approval of the Procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week.” A useful tool when calculating standard hours for a shift work schedule is a working time calculator, with basic values ​​and values ​​already entered into the calculation program.

The introduction of summarized accounting is inevitable if employees must be at the workplace for all 24 hours. For specific work schedules:

• 2 – 2 – 3;
• 2 through 2;
• three days later;
• day - night - sleep - day off and others,

the normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of employees.

• part-time (shift);
• mainly in the second shift;
• part-time work week;
• non-working holidays;
• weekend,

the normal number of working hours for the accounting period is reduced accordingly; however, payment for night hours during a shift work schedule, payment for overtime hours, the duration of shifts at night and non-working holidays during a shift work schedule are especially taken into account.

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The current legislation, namely Article 96 of the Labor Code of the Russian Federation, defines night work as from 22.00 to 6.00. Each hour of work that occurs at night must be paid at an increased rate compared to work under normal conditions, according to Art. 154 Labor Code of the Russian Federation. The minimum increase in pay for night work is 20% of the hourly rate for each hour.

Following the requirements of Article 153 of the Labor Code of the Russian Federation, work time on a non-working holiday must be paid in accordance with the rules outlined by labor legislation. However, the employee will be paid in the standard single amount if he chooses to receive another day of rest for working on a non-working holiday.

When drawing up a shift work schedule, weekends fall on different days of the week, and do not always fall on Saturday or Sunday. Therefore, if a work shift falls on a weekend, then this day is considered a working day and the salary is calculated in a single amount.

When recording working hours in aggregate, overtime work includes:

• planned overtime - if overtime hours are already indicated in the shift schedule, which could not be drawn up within normal limits;
• unplanned overtime – carried out by an employee on the initiative of the employer, for example, when a shift worker fails to show up at the workplace.

Leave during a shift work schedule is provided taking into account the same requirements of labor legislation that apply to the usual work schedule, i.e. according to Art. 114 Labor Code of the Russian Federation.

Daily count

If the employer uses daily calculation, then the certain established norm of work per day does not change and is always the same, regardless of the day of the week. Hours worked in excess of the fixed norm are considered overtime work and are subject to monetary compensation. Following the requirements of Article 100 of the Labor Code of the Russian Federation, when organizing the labor process, daily time calculation is established for workers who work on a 5- or 6-day working week, with two or one day off, respectively. The length of the working day is equal and fixed. This is enshrined in the internal labor regulations. The reporting period subject to accounting is considered to be 1 business day.

Work time can be recorded weekly. In this case, the daily work time is established and regulated by the shift schedule. Weekly calculation applies to flexible work. With this schedule, the number of working hours per day is not constant. Calculation of labor standards with this approach is done daily, but recording and analysis is carried out weekly. At the same time, the labor standard is observed for a week, and not for one shift. At the end of the week, overtime work is also calculated.

For managers seeking to increase business productivity and profitability, working with a shift schedule is the optimal solution. The rationality of shift work is determined by management; at the same time, implementation in the production process is carried out in strict compliance with the requirements of current legislation and ensuring guarantees for the organization’s employees.

The introduction of summarized working time recording is often accompanied by numerous questions. These issues are related to the choice of schedule for the summary recording of working hours, payment of overtime, holidays and other subtleties. Let's figure it out in order.

Part-time work at the initiative of the employer

Management, due to changes in working conditions (organizational or technological), has the right to offer employees part-time work. To do this, the employer sends them notifications in any form with the following information:

• deadline for making a decision by the employee;
• a list of vacancies for which the conditions do not change;
• a message that if refused, the employment contract will be terminated (Article 74 of the Labor Code of the Russian Federation).

Additionally, a column is indicated in which the employee will indicate whether he agrees or not.

If the employee agrees

If the employee is satisfied with the proposed working conditions, an additional agreement to the employment contract is concluded and an order is issued.

If the employee does not agree

The management has the right to change the operating hours taking into account Art. 74 Labor Code of the Russian Federation. For this:

• an order is issued to change working conditions;
• the employment service is informed (see sample on the K+ website);
• Employees are notified at least 2 months in advance;
• vacancies for transfer are offered, if any (for information on how to formalize an agreement when transferring to another position, see this article).

If an employee refuses to switch to part-time work, dismissal follows clause 7 of Art. 77 Labor Code of the Russian Federation. If the employee changes his mind and agrees, an additional agreement and order follow.

Threat of mass layoffs

To prevent mass layoffs Art. 74 of the Labor Code of the Russian Federation allows for the introduction of part-time work temporarily - up to 6 months.

Shift work

In a situation with summarized accounting of working hours, concepts such as “shift work” and “working week with days off on a staggered schedule” are often confused. It is worth keeping in mind that these are two different working hours.

Art. 103 of the Labor Code of the Russian Federation defines shift work as work in two, three or four shifts, which “is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided” .

The most important condition for shift work is the rotation of workers (one shift/team replaces another). In case of shift work, the employer is obliged to familiarize the employee with the shift schedule no later than one month before it comes into force. Working two shifts in a row is prohibited.

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Changes in internal labor regulations

If a part-time working regime is introduced throughout the organization or in relation to a structural unit or a number of positions, then the rules will require adjustments (Article 100, Article 189 of the Labor Code of the Russian Federation):

Read about how to draw up house rules here.

Dismissal of an employee

If an employee refuses to work part-time, he can be dismissed only in the manner prescribed by paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation (reduction in headcount or staff) (Part 6 of Article 74 of the Labor Code of the Russian Federation). In this case, he needs to pay severance pay and average monthly earnings for the period of employment (Article 178 of the Labor Code of the Russian Federation).

Attention: if employees prove that part-time work was introduced in the absence of significant changes in the organizational and technological working conditions in the organization, such actions of the administration may be declared illegal by the court. In this case, the organization may be required to restore the employee’s previous working conditions. This conclusion follows from the provisions of paragraph 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Employment service notification

When establishing a part-time working schedule by agreement of the parties, there is no need to inform the employment service (Rostrud Letter No. 1329-6-1 dated May 17, 2011).

The employer's initiative entails mandatory notification of employment authorities within 3 working days from the date of the decision. When using Art. 74 of the Labor Code of the Russian Federation, we recommend following this rule regardless of whether there is a threat of mass layoffs or not (clause 2 of article 25 of the Law of April 19, 1991 No. 1032-1 “On employment in the Russian Federation”).

A universal form of notification has not been established, but it can be developed at the regional level (Article 7.1-1 of Law No. 1032-1). Therefore, the employer clarifies with the employment service authorities whether the form is approved at the level of the constituent entity of the Russian Federation. If not, the notice should indicate:

• reasons for introducing a new routine related to changes in technological or organizational working conditions;
• the average number of employees at the time the decision was made;
• the number of employees in respect of whom the work regime is being changed;
• duration of part-time work;
• deadline for introducing the regime.

General concept of working time

According to Russian legislation, each employee must perform labor duties for a certain period of time.

Article 91 of the Labor Code establishes a forty-hour work week. If an employee is involved in hazardous or harmful production, his working time is reduced to 36 (35) hours.

Reducing working hours at the initiative of the manager (or in some cases at the request of the employee) allows maintaining the number of employees and reducing the financial burden of the company.

Reduced working hours do not affect the duration of future vacation and length of service.

According to the norms of Articles 92, 93 of the Labor Code of the Russian Federation, the following categories of employees have the right to reduced working hours:

• citizens who have not reached the age of majority;
• persons with disabilities of the first and second groups;
• employees who work in harmful, dangerous conditions;
• teaching staff;
• medical staff.

What are the consequences of violating the procedure for introducing part-time work?

Art. 5.27 of the Code of Administrative Offenses establishes measures of employer liability:

You can find answers to your questions, as well as sample documents in ConsultantPlus.

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Let's sum it up

• Part-time working hours are established upon reaching an agreement between the parties, and in some cases management does not have the right to refuse an employee.
• Changing the work schedule is accompanied by the conclusion of an additional agreement to the employment contract and the execution of an order.
• Internal labor regulations are adjusted if the regime changes for all employees or a group.
• The employment service authorities are notified if the employer decides to introduce part-time work due to a change in working conditions.

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