Shortened working day according to the Labor Code of the Russian Federation. Reduced working hours and part-time work What is the difference between part-time work and reduced
Establishing reduced working hours is the responsibility of the administration. When concluding an employment contract, the parties are not entitled to increase the duration of working hours established by law.
In accordance with Article 92 of the Labor Code of the Russian Federation, the normal working hours are reduced by 16 hours per week for workers under the age of 16; 5 hours a week - for employees who are disabled people of groups I and II; 4 hours per week - for employees aged 16 to 18; for 4 hours a week or more - for employees employed in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.
The length of working time of students under the age of 18 working during the academic year in their free time may not exceed half the norm established for persons of the corresponding age.
The federal law may establish reduced working hours for other categories of workers (pedagogical, medical, etc.).
Unless otherwise established by the Labor Code of the Russian Federation or other federal law, remuneration for reduced working hours is made as for full working time. On this basis, reduced working time differs from part-time, in which wages are paid in proportion to the established and hours worked or depending on output.
Part-time work covers part-time work or part-time work. In case of part-time work, the employee works fewer hours than is established in the organization for this category of workers. With a part-time working week, the number of working days of the week is reduced. Part-time work may consist of simultaneously reducing both the working day and the working week.
According to Article 93 of the Labor Code of the Russian Federation, part-time work or a part-time work week can be established by agreement between the employee and the employer. However, this article provides for cases when the employer is obliged to establish an employee, at his request, part-time.
L. Stepanyuk
Lawyer
Signed for print
26.11.2003
"Financial newspaper. Regional issue", 2003, N 48
Part-time work as a type of working time is characterized by the fact that it is established by agreement of the parties employment contract, and not in cases expressly provided by law, as is established for reduced working hours. Moreover, part-time work can be established by the parties both at the conclusion of an employment contract and subsequently, i.e. during the period of its operation. Law
does not limit the circle of persons for whom part-time work may be established. It may be conditioned by an employment contract with any employee.
During part-time work wages are paid in proportion to hours worked or depending on the output, and with reduced working hours - as for full time.
Part-time work can act as part-time work (shift) or part-time work week.
Part-time (shift) fewer hours of work per day compared with what is established in the organization by the routine or schedule for this category of workers (for example, instead of 7 hours - 4). Part-time work means setting fewer working days per week. At the same time, the possibility of establishing an employee both a part-time work week and part-time work (for example, 2 working days a week for 6 hours) is not excluded.
An employee who has entered into an employment contract with the condition of part-time work, released from duty work full time. Unlike shortened working hours, remuneration for part-time work is made in proportion to the hours worked or depending on the amount of work performed (part 2 of article 93 of the Labor Code).
Part-time work does not entail any other restrictions for employees. They are provided with an annual basic paid vacation of the same duration, which is set for full-time workers. The time of work on a part-time basis is counted in the length of service as full-time work (part 3 of article 93 of the Labor Code).
To which employees is the employer obliged, at their request, to establish part-time work?
As a general rule, part-time work is established by agreement of the parties to the employment contract, however, in the cases established by the Labor Code, the employer is obliged to establish it at the request of the employee.
So, without fail, part-time work is established at the request of:
- 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 laws and other normative legal acts of the Russian Federation.
The employer does not have the right to refuse the named employees in the request for the establishment of part-time work.
It should be borne in mind that part-time work can also be established in the event of a threat of mass dismissal of workers due to changes in the organizational or technological working conditions in the organization. However, this is not done at the request of the employee, but at the initiative of the employer unilaterally and only in accordance with the rules established by Art. 74 TK. Part-time work is introduced in such cases for a period not exceeding 6 months in order to save jobs.
Part-time working time is the time established by agreement between the employee and the employer, of a shorter duration than the normal or reduced working time for this employer (Article 93 of the Labor Code of the Russian Federation). It is determined in the form of part-time work (in this case, the daily work time is reduced, but the number of working days per week remains the same - 5 or 6) or in the form of part-time work (when the length of the work shift does not change, but the number of working days per week decreases ). 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 part-time work or part-time work week can be established both when an employee is hired, and later. And if the employee works part-time, then his work is paid in proportion to the time worked by him or depending on the amount of work performed.
Whom the employer is obliged to transfer to part-time work
Part-time work may be established at the initiative of the employee. Moreover, the Labor Code of the Russian Federation names certain categories of workers to whom the employer does not have the right to refuse if one of them requests to switch to part-time work.
Part-time work week or part-time work 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 the age of 14 (a disabled child under the age of 18);
- persons providing care for a sick family member with an appropriate medical certificate.
At the same time, part-time work is set for a period convenient for the employee, but so far there are circumstances that do not allow him to work full time.
Other employees may 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 working week (part-time work) at the initiative of the employer. But only if the organizational or technological working conditions have changed at the enterprise, and this may lead to mass layoffs of workers. Then, in order to save jobs, the employer can introduce a part-time regime for up to 6 months, taking into account the opinion of the trade union organization, if there is one in the organization (
In practice, there are often situations where part-time work and reduced work time are mixed, although it should be clear that these are completely different legal categories. Part-time work, as noted above, may be part of reduced working time, but it is not the same as reduced working time.
Reduced working time is subject to the rules of Articles 113 and 114 of the Labor Code.
The reduced working hours in accordance with Part 1 of Article 113 of the Labor Code is established for workers in jobs with harmful and (or) dangerous working conditions and, as a general rule, is no more than 35 hours per week.
Thus, for minor workers aged 14 to 16, the working time may not exceed 23 hours per week, and for workers aged 16 to 18 - 35 hours per week. The same maximum duration (35 hours) is set for disabled people of groups I and II, as well as for those working in the evacuation (exclusion) zone due to increased radioactive contamination of the territory, including those temporarily sent or seconded to these zones. Reduced working hours are also established in accordance with Part 5 of Article 114 of the Labor Code by the Government of the Republic of Belarus or an authorized body for certain categories of workers (teachers, doctors, etc.) holding certain positions.
In particular, the Lists of categories of pedagogical workers, who have established the norms of pedagogical (teaching) work at the rate, were approved by the Decree of the Ministry of Education of the Republic of Belarus dated 06.07. 2001 No. 41 "On the establishment of reduced working hours and norms of pedagogical (teaching) work at the rate of certain categories of pedagogical workers."
The list of employees of healthcare organizations of any organizational and legal forms of ownership, for which a reduced working time is established, was approved by the Decree of the Ministry of Health of the Republic of Belarus dated 05.04. 2000 No. 6 "On the reduced working hours of employees of healthcare organizations of any organizational and legal forms of ownership." For example, according to the said resolution, a 33-hour working week is established for dentists, doctors of medical advisory commissions (VKK), doctors - forensic psychiatric experts. With a 6-day working week, the working day of such workers is 5 hours 30 minutes, with a 5-day working week - 6 hours 36 minutes.
It should be noted that for employees who, in accordance with the law, have reduced working hours, the specified duration is nothing more than a preferential full norm of working hours.
Meanwhile, part-time work, as already noted above, is only a part of full or reduced working time. Hence the special rules established by the legislator for the remuneration of part-time or part-time workers (see below).
Finally, it is useful to pay attention to the following differences between part-time and reduced working time.
If the reduced duration of working time is established by law, then part-time work can only be established by the parties to the employment contract.
Only certain categories of workers provided for by labor legislation can apply for reduced working hours, while part-time work can be established for almost any employee.
The duration of reduced working hours is established by law and is strictly defined. The agreement between the employee and the employer on the establishment of part-time work depends on the discretion of the parties and the agreement reached on reducing the working day or working week, respectively, by any number of hours or working days, or both.
Finally, what has already been noted, part-time work can be established for an employee both when hiring, and subsequently by agreement (agreement) between the employee and the employer, while the employee's performance of a labor function under the terms of reduced working time does not depend on the desire and will of the parties. labor contract.
