Shortened working week according to the Labor Code. Transfer to part-time work. The nuances of the transfer to part-time work at the initiative of the employer

15.10.2019

The duration of the working week in a number of situations can be determined by the parties employment contract independently, but at the same time, the law regulates the maximum limits of working hours, which must not be exceeded. For information on how to correctly calculate the duration of the working week in a particular case, read our article.

Normal working week

The working week in the Russian Federation cannot last more than 40 hours (see paragraph 2 of article 91 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ). This rule relevant for any work regime, including both 5- and 6-day working weeks.

In the 1st case, the duration of the working day should be a maximum of 8 hours. In the 2nd, since the Labor Code of the Russian Federation does not regulate the duration of the working day with a six-day period, its duration is entered individually by each employer, taking into account:

maximum allowable duration daily work(see article 94 of the Labor Code of the Russian Federation);
the need to limit the duration of working time to 5 hours per day on the eve of the day off (paragraph 3 of article 95 of the Labor Code of the Russian Federation).

On the basis of this parameter (duration of the working week), in the future, working time norms can also be calculated for other accounting periods (see clause 1 of the Procedure for calculating the working time norm ... ”, approved by order Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n).

At the same time, for certain groups of workers, the employer must / has the right to provide for reduced or part-time work.

Also, the duration of night shifts should be reduced by 1 hour (paragraph 2 of article 96 of the Labor Code of the Russian Federation).

Shortened work week

This mode of labor organization provides that the employee actually has to work less than the normal duration of the working week, the number of hours for the same period of time.

The list of persons who should be entered such work week, regulated by Art. 92 of the Labor Code of the Russian Federation. These include persons:

Under 16 years of age. They are supposed to work a maximum of 24 hours a week.
Over 16 years old, but under the age of majority. Their working week should not exceed 35 hours.
Having a disability of I or II group. Them labor activity duration should remain within 35 hours per week.
Working conditions in workplaces which have been duly identified as harmful or dangerous. These persons are supposed to introduce a working week of up to 36 hours (see also paragraph 7 of the named article).

This list is not exhaustive and may be supplemented by federal legislation.

Thus, the working week of teaching staff has been reduced to 36 hours (paragraph 1 of article 333 of the Labor Code of the Russian Federation).

Another category is healthcare workers. As a standard, their working week can reach 39 hours (paragraph 1 of article 350 of the Labor Code of the Russian Federation). But the Decree of the Government of the Russian Federation of February 14, 2003 No. 101 regulates the list of specialties of health workers, types medical institutions and characteristics of working conditions where hours of work are more limited.

Workers in the countryside or in the territory Far North women should be introduced a working week lasting a maximum of 36 hours (paragraph 1, clause 13 of the resolution of the plenum of the RF Armed Forces dated January 28, 2014 No. 1).

There are other cases when the reduction of the working day is mandatory, related to the characteristics of the employee or the labor process.

Features of payment for a shortened working week

Such a workweek for the persons listed in the previous section will be considered full and paid as a standard 40-hour, subject to certain exceptions.

The law enforcer explains: for underage workers, the amount of remuneration is directly dependent on the de facto hours worked or the volume of work performed and is determined in proportion to these indicators. Although the employer may, on his own initiative, make additional payments to such employees, including up to the wage limits of persons working full-time (paragraph 3, clause 12 of resolution No. 1).

Payment for hours worked outside the regulated duration of reduced working hours is carried out according to the rules of remuneration for overtime work (see the decision of the Murmansk Regional Court dated November 12, 2014 in case No. 33-3576-2014, paragraphs 2-3, paragraph 13 of resolution No. 1).

Duration of the working week with part-time work

In general, the working day of a person working part-time cannot last more than 4 hours. Total hours worked by a part-time worker for a certain accounting period should not go beyond 50% of the regulated norm of working time for a specific category of workers (paragraph 1 of article 284 of the Labor Code of the Russian Federation).

Accordingly, if a 40-hour working week is established for a person at his main place of work, then the working week for him, already working as part-time, should not exceed 20 hours.

Another example is medical workers of health organizations living and working in rural areas and urban-type settlements. They are allowed to be involved in part-time work for no more than 39 hours a week (see Decree of the Government of the Russian Federation of November 12, 2002 No. 813, adopted in pursuance of paragraph 2 of article 350 of the Labor Code of the Russian Federation).

Part-time work week: differences from the reduced

In certain cases, an employee may be introduced a part-time work week (Article 93 of the Labor Code of the Russian Federation), which must be distinguished from a shortened one.

So, in the 1st case, the remuneration for work is calculated in proportion to the time worked in fact. abbreviated working time for certain groups of workers it is considered full, although in terms of the volume of working hours both per day and per week it differs from the standard downwards.

The 2nd difference is related to different ways establishment of such modes of work:

reduced working time is introduced for a specific group of workers (see article 92 of the Labor Code of the Russian Federation);
incomplete can be appointed both by mutual decision of the parties to the employment contract, and at the initiative of the worker himself.

A part-time work week should be introduced for such persons who have applied with this request to the employer, as:

pregnant employees;
1 parent of a child under the age of 14;
1 parent of a minor child with a disability;
persons caring for a member of their family in connection with the illness of the latter in accordance with the issued medical organization conclusion.

The organization of such a working regime is carried out on the basis of the application of the listed persons and is the responsibility of the employer (paragraph 3, clause 13 of resolution No. 1).

At the same time, the entry in work book does not contain a note that the employee works part-time (see clause 3 of the regulation "On the procedure and conditions for the employment of women with children and working part-time", approved by the resolution of the USSR State Committee for Labor, the secretariat of the All-Union Central Council of Trade Unions of 04.29.1980 No. 111/8-51).

Accounting for hours worked

Accounting for time actually worked by employees is a duty, not a right, of the employer, although they often neglect this requirement of the Labor Code of the Russian Federation (paragraph 4 of article 91 of the Labor Code of the Russian Federation).

For the indicated purposes, a special form of the time sheet is used (see form T-12, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1).

In addition to its main purpose, such a report card can be used as one of the main evidence submitted by the parties in a litigation within the framework of labor law(see the decision of the Yuzhno-Kurilsky District Court Sakhalin region dated April 19, 2016 in case No. 2-73/2016).

In addition to such written evidence, the following may also be taken into account:

witness statements confirming the actual presence/absence of the employee during the contested period of time;
labor contract;
other facts (for example, parallel work for another employer, etc.).

In addition, not always the mentioned report card can be characterized as reliable evidence. For example, often such time sheets were drawn up retroactively after instructions based on the results of an audit, etc. (for example, the decision of the Trinity City Court Chelyabinsk region dated March 23, 2015 in case No. 2-244/2015).

Responsibility of the employer for violation of the requirements of the Labor Code of the Russian Federation

An employee who believes that his rights have been infringed by the employer due to non-compliance with the regulated labor regime may apply to the court for recovery from the latter:

Unpaid monetary reward.
Interest for delayed wages (Article 236 of the Labor Code of the Russian Federation). The obligation to pay such compensation rests with the employer, regardless of his fault (for example, the decision of the Perm Regional Court dated March 12, 2014 in case No. 33-2160/2014).
Compensation for moral damage. At the same time, the fact of causing moral harm to an employee whose rights were violated by the employer is presumed in accordance with Art. 237 of the Labor Code of the Russian Federation. Compensation for moral damage is not associated with the amount of property damage indicated for compensation (paragraph 63 of the resolution of the plenum of the Supreme Court of the Russian Federation “On the application by the courts ...” dated March 17, 2004 No. 2).

In addition, paragraph 1 of Art. 5.27 of the Code of the Russian Federation on administrative offenses dated December 30, 2001 No. 195-FZ on liability in the form:

warnings or administrative fine in the amount of 1,000 to 5,000 rubles. - for officials;
a fine from 1,000 to 5,000 rubles. - for persons engaged in entrepreneurship without forming a legal entity;
a fine from 30,000 to 50,000 rubles. - for legal entities.

Repeated prosecution of this kind of responsibility for committing a similar offense is fraught with the imposition of even greater fines, as well as the possible disqualification of the relevant official (see paragraph 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Let's summarize. Maximum limit of normal working week length equals 40 hours.

Some categories of workers should be introduced a shorter working week. Otherwise, all time outside the statutory limits of the working day must be paid as overtime. Also in this case, the employee has the right to compensation for non-pecuniary damage from the employer.

By agreement between the employee and the employer, the first may be agreed on a part-time work week, although the law defines groups of workers to whom the employer is not entitled to refuse to establish a part-time work week.

Many employers do not even know what a shortened pre-holiday working day is. Meanwhile, this rule is regulated by federal level in labor legislation and is mandatory for all enterprises without exception. How much the pre-holiday working day is reduced and in what order - our article tells about all the nuances.

What does the reduction of working hours on the eve of the holiday mean?

The shortened pre-holiday day immediately precedes the onset of a public holiday. According to this privilege under stat. 95 the duration of work on the eve of official holidays decreases, but the salary does not decrease. The benefit applies to all categories of specialists, namely:

Employees assigned to a 5-day week.

Workers employed 6 days a week.

Specialists registered on the basis of part-time work or reduced.

Employees included in the state as part-time employees - internal or external.

It is impossible to reduce the time of work in organizations leading continuous activity for valid reasons. Employees of such institutions are not entitled to a shortened pre-holiday day, but processing is compensated by one of the possible ways at the choice of an individual. In accordance with Part 3 of Art. 95 Additional days off may be used or paid financial compensation, the amount of which is calculated according to the rules for calculating overtime payments. That is, a minimum of double or one and a half size, depending on which day the employee works (stat. 152, 153 of the Labor Code).

By how many hours is the pre-holiday day shortened

In part 1, stat. 95, it is determined that the reduction of the working day on pre-holiday days is carried out by 1 hour. This rule applies to all employers and employees. Even if a person performs his duties not all day, but part-time (0.5, 0.25 or 0.75), he is entitled to a reduction in the number of hours of employment on the eve of the holidays. For example, a specialist is registered for 0.5 rates as an external part-time job. In 2017, February 23 is a public holiday, and February 22 is a shortened day. The part-time worker works 5 hours twice a week in compliance with the norms according to the stat. 284 TC. In the report card for February 22, 2017, the personnel officer will put down for such an employee not 5 hours, but 4.

If, according to the terms of employment, the employee will perform duties, for example, an hour a day, “0” should be put in the column with the number of working hours on a shortened pre-holiday day. This will not be a violation and will confirm that the employer has reduced the working hours on the eve of the holiday in accordance with the requirements of labor legislation. Additionally, a number of personnel documents will be required. We figured out how much shorter is the pre-holiday working day, then we will find out in what situations this rule does not apply.

When the pre-holiday day is reduced, and when not

General hours of work on holidays reduced by the employer for 1 hour. But if such a day falls on one of the weekends, the work schedule remains unchanged, that is, it cannot be reduced. To understand which days of the year are considered holidays and which are pre-holiday, you need to familiarize yourself with the production calendar. This is a special assistant to personnel officers and accountants, which contains data on public holidays, working hours and the number of days off / working days by month, quarter and year.

This calendar clearly shows how much shorter is the pre-holiday day- Dates are marked with asterisks. Additionally, information is displayed on the postponed days off in order to increase the total duration of the rest (based on the Decrees of the Government of the Russian Federation). But if one of the days off is transferred and becomes a working day, the employment time on that day is determined according to the working day schedule (stat. 95 of the Labor Code). For example, in 2018, April 28, that is, Saturday, was moved to April 30, that is, Monday, in order to lengthen May Day (Resolution No. 1250 of 10/14/17). At the same time, Saturday becomes a pre-holiday working day, reduced by 1 hour.

Working hours on holidays - 2018

The list of official Russian holidays is regulated by stat. 112 TK . All are listed here public holidays. The work schedule for 2018 was developed taking into account the provisions of Government Decree No. 1250 dated 10/14/17, which takes into account the postponement of certain days off. The table shows holidays and pre-holiday days for 2018 for a 5-day week.

State holidays in 2018	Shortened pre-holiday days in 2018
01/01/18-01/06/18, 01/08/18

The transfer in 2018 is provided for the following days:

From 01/06/18 to 03/09/18 - from Saturday to Friday.

From 01/07/18 to 05/02/18 - from Sunday to Wednesday.

From 04/28/18 to 04/30/18 - from Saturday to Monday.

From 06/09/18 to 06/11/18 - from Saturday to Monday.

From 12/29/18 to 12/31/18 - from Saturday to Monday.

Note! According to Part 4 of Art. 95 of the Labor Code with a 6-day week, the duration of the work shift on the pre-holiday date can be a maximum of 5 hours.

How a short pre-holiday day is drawn up according to the Labor Code of the Russian Federation

According to part 4 of stat. Each employer is obliged to organize reliable accounting of the time actually worked by the personnel. For this, a time sheet is used in the unified form T-12 or T-13 (Resolution No. 1 of 01/05/04), or it is allowed to draw up your own form, provided that all required details. The days of appearance in the organization are marked with the code "I" or "01", and the number of hours worked on pre-holiday days according to the Labor Code of the Russian Federation is subject to a decrease by an hour.

To issue an order or not? Since according to the Labor Code, pre-holiday days are regulated on a general basis, it is possible not to fill out such a document. If the employer decides to issue an order, this will definitely not be superfluous, as well as drawing up an announcement about the company's work schedule. How to do this, tell our separate articles. With a continuous mode of operation of the enterprise, a list of those employees who will have to work without reductions in the duration of the work shift (day) should also be approved.

In cases where the employer does not comply with the current requirements of labor legislation, this is regarded as a violation. Responsibility for such actions is provided for in the Code of Administrative Offenses in the form of penalties. To avoid labor conflicts with the staff, it is recommended to respect the rights of employees and the rules of relations with them.

Conclusion - we have considered how the working day is reduced on pre-holiday days in accordance with the requirements of Russian labor legislation. Reduction of working hours is not made on weekends, except in cases of official transfer of Saturday or Sunday to working days.

The transfer of employees to a part-time work week is a measure necessary to save the enterprise's funds. As a rule, it is relevant at the moments financial crisis. With a lack of economic resources, the employer has two options for solving the problem: either a reduction in staff, or a reduction in the working week and a commensurate reduction in spending on salaries. The latter measure is the preferred one.

According to Convention No. 175 and Regulations of the State Labor Committee No. 111 / 8-51, a week is considered incomplete if the duration is less than 40 hours. Part-time transfer at the initiative of the employee and at the initiative of the employer are procedures that differ significantly from each other.

The transition to a new regime at the initiative of the workers

The employee has the right to ask the employer to reduce the working hours. To do this, you need to send an appropriate application to the director. The transition to a partial week can be done in three ways:

Reducing the length of each working day.
Reducing the number of shifts per week while maintaining the length of the working day.
A combination of these options.

In the application, the employee must indicate which particular mode reduction scheme is preferable for him. You also need to enter the following information:

Preferred shift duration.
The duration of the new regime.
The date the schedule was introduced.

Article 93 of the Labor Code of the Russian Federation contains a list of employees to whom the employer cannot refuse to transfer for an incomplete week:

Pregnant.
Parents of a child under 14 years of age or under 18 years of age if he has a disability.
A person who takes care of a relative who is seriously ill.
Parents of a baby up to 1.5 years old.

If the employer refused to reduce the work of these categories of employees, they can challenge this decision in the judicial authority. After the manager has received the application, he must discuss the future work schedule with the employee. As a result of the agreement, an agreement is drawn up, which is attached to the employment contract. The agreement must be drawn up in two copies. Each of them is signed by the employee and the employer.

NOTE! There are no restrictions in the legislation regarding the reduction of the working week.

Part-time transfer at the initiative of the employer

An incomplete week can be introduced either when an employee is hired, or if there is already a specialist in the state. The introduction of the schedule in question is quite convenient for the employer. This is the preferred option for downsizing. When carrying out the procedure, it is required to be based on current regulations.

Part-time working week makes sense to enter in the following cases:

New equipment was put into operation at the enterprise.
Various developments, including those obtained as a result of scientific research, have been introduced.
Reorganization carried out.
The company has changed its profile.
New methods of control and planning were introduced.
Production management has changed.
Jobs have been improved after certification.

IMPORTANT! Do not confuse the concepts of "reduced" and "Incomplete" weeks. Reduced working hours - 36 hours per week instead of 40 (24 for underage employees) - provided for special conditions labor or special categories workers. And incomplete can be arbitrary and is established by agreement, both during employment and later.

When introducing a new schedule, the employer must coordinate his initiative with the trade union. To do this, it is necessary to draw up an appropriate draft order. The document contains the following information:

Date of introduction of the new schedule.
Mode form (reduction of hours or days).
Employees for whom the schedule is entered.
Reasons for innovation.

Within five days, the trade union is obliged to prepare a response in writing. The employer must listen to the opinion of the institution. However, he has the right to go against the trade union. But it must be provided that the employees of the trade union have the right to apply to the labor inspectorate or the judicial authority.

IMPORTANT! The part-time work week is introduced for a limited period. The maximum period is six months, which is established by part 5 of article 74 of the Labor Code of the Russian Federation.

When approving a new schedule, keep in mind the following rules:

2 months before the introduction of the new schedule, employees must receive appropriate notifications.
Payment is made in proportion to working hours. That is, the company reduces the cost of paying salaries.
Work on a reduced schedule is included in the length of service.
Such work does not affect the duration of the vacation and the provision of other guarantees.

The transition to a part-time week - this, as a rule, means the appearance of another day off. These days will not be paid.

The schedule of reduced working hours is not displayed in any way in the work book.
Such employees receive sick leave, maternity, vacation and other payments in full, without reductions.
It is not necessary to issue an order to change the staffing table.
It is allowed to hire another employee on a part-time basis with the same part-time work schedule, or you can apply for a combination with another employee.

In addition, with a part-time work week, employees lose the right to a “short” day before a holiday or weekend.

What if employees don't want to?

Hired personnel have the right to disagree with the requirements of the employer. No one can force a person to work according to a different schedule if he does not want to. However, the legislation does not require the authorities to take into account the will and seek the consent of employees to introduce a part-time working week, but only to notify them in advance. What response options does an employee have who is categorically not satisfied with such a schedule?

Leave work for own will or by agreement of the parties.
Be fired due to a reduction in the number or staff (at the initiative of the employer).

The procedure for transferring to an incomplete week

Consider the procedure for establishing innovations at the initiative of an employee:

Receiving a statement from an employee.
Drawing up an order for an incomplete schedule.
Drawing up a supporting agreement with relevant information, which is attached to the employment contract.

The procedure for approving the schedule at the will of the employer:

Drafting an order.
Referral of the project to the union.
Employees are notified of schedule changes.
Issuance of the corresponding order.
Sending notice of schedule changes to the employment center.

Notification to the employment center must be sent within three days from the date of approval of the decision. If the employer does not do this, he is liable in the form of a fine. The manager will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. Changed data must also be sent to the statistical authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics authority by the 8th day of the month following the reporting quarter.

Features of drawing up an order for the approval of an incomplete week

When introducing an incomplete week, an order must be issued. It is compiled in free form, but it must necessarily reflect the following information:

Reasons for innovation.
Graph form.
The length of the working day.
Length of lunch break.
Schedule expiration date.
The composition of employees or departments for which a partial week is introduced.
Features of the calculation of earnings.
Forms of payment of funds.

The order must be signed by all key persons of the company: the head, the chief accountant, the manager of the personnel department, the employee in respect of whom the schedule is being introduced.

IMPORTANT! If the schedule is introduced in relation to a specialist who gets a job in a company, this must be recorded in the order for hiring an employee.

What can not be done with the introduction of a part-time work week?

The new schedule must comply with the law. The employer must keep in mind the following prohibitions:

The introduction of an incomplete week for a period exceeding 6 months.
Application of the schedule: rest for a week, work for a week.
The introduction of a "floating" chart. A “floating” schedule means an unequal number of hours per week.

The employer is not recommended to contradict the opinion of the trade union. This can be done, but disagreements are fraught with a court or an audit by the labor inspectorate. The manager must keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.

Legislative innovations regarding part-time work

In 2017-2018, some changes were made to the laws regulating working hours, including part-time.

From June 26, 2017, it is possible to establish not only an incomplete shift or a part-time working week, but also to reduce the daily length of the working day (Article 93 of the Labor Code of the Russian Federation).
The law allowed the employer not to arrange lunch breaks if his staff works on a reduced schedule with working hours of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).

In the case when there is a decrease in production volumes, the employer has to make a choice between reducing staff or reducing working hours. Both of these procedures, as a rule, raise a lot of questions regarding the correctness of their implementation in accordance with the norms of labor legislation. What is the procedure for introducing reduced working hours? What is the form and content of the relevant administrative documents? Is it possible to make redundancies during part-time work?

Reasons for switching to part-time work

The establishment of part-time work for employees at the enterprise is a measure aimed at overcoming the temporary difficulties of the enterprise. Thus, the employer reduces labor costs, keeps production in an active mode and, at the same time, tries to maintain labor relations with experienced, qualified personnel.

Working time

The time during which the employee must perform the assigned labor duties is working time. Art. 91 of the Labor Code of the Russian Federation provides that additional intervals can be attributed to working time if there are corresponding instructions in the legislation. The specific duration and schedule of the working day is established by the rules of the internal work schedule enterprises. At the same time, there is a 40-hour limit on the duration of working time per week.

part-time work

The Labor Code provides for the possibility of reducing the execution time job duties. In accordance with Art. 93 of the Labor Code of the Russian Federation, part-time work can be established by mutual agreement of the employee and the employer. At the same time, it is allowed to make such changes both when hiring, and during the continuation of the employment relationship. After the establishment of partial time, remuneration is made in accordance with the period worked (volume of work).

In fact, part-time work involves reducing working time in several ways:

reduction in the amount of daily workload (hours))
reduction in the number of workdays per week
simultaneous reduction of daily workload and reduction of working days per month.

Establishment of part-time work at the unilateral initiative of the employer

In Art. 74 of the Labor Code of the Russian Federation provides for the right of the employer to establish part-time without obtaining the consent of employees in the event of a threat of mass layoffs and to save jobs. Such a threat may arise as a result of changes in the organizational or technological conditions of production. The period for which part-time work is established is limited to six months in this case.

To determine the mass layoffs, one should use sectoral or territorial agreements (Article 82 of the Labor Code of the Russian Federation). In most cases, the main criterion for the mass nature of the expected reductions is the indicator of the number of laid-off workers in the established calendar period.

Incomplete time setting procedure

The specified procedure must be carried out in accordance with the norms of the Labor Code, and include the following actions of the employer:

Making a decision and issuing an order for the enterprise on the establishment of part-time work. The order must contain information on how the new mode work: due to daily reduction of hours or transfer to a part-time work week.
Familiarization of staff about decision. The consent or disagreement of the employee is made in writing, with the obligatory indication of the date.

Reduction of hours and transfer to a part-time work week

It must be remembered that changes in working conditions should not change the position of the employee for the worse in comparison with the original conditions. collective agreement. Also, Article 74 of the Labor Code of the Russian Federation provides that the opinion of the elected body of the primary trade union should be taken into account.

Refusal of an employee to continue working in a new mode

Labor legislation provides that in case of disagreement of some employees with the continuation of work in the new working regime, labor relations with them must be terminated.

In accordance with Art. 74 of the Labor Code of the Russian Federation, reduction in part-time work occurs on the basis of clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. At the same time, the dismissed employee retains the right to receive all relevant guarantees and compensations.

Features of the reduction of abandoned workers

When applying this norm, very often there is a discrepancy between the prescriptions of the Labor Code. According to some authors, when applying this rule, the question may arise about the beginning of the expiration of the two-month notice period for dismissal, provided for in clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. Some experts suggest that given term included in the warning period for planned changes in the terms of the employment contract. According to other data, the reduction during the period of part-time work should take place with a warning to the employee about the upcoming reduction, at least two months before the actual dismissal.

Thus, within a period of two months after notification of the establishment of part-time work, the employee has the right to decide to refuse to continue the employment relationship. After informing the employer in writing about his decision, he must be notified of the upcoming dismissal under clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, subject to a two-week period.

Guarantees and compensation upon dismissal

The employer should remember that when terminating the employment contract, for the indicated reasons, the employee retains the right to all guarantees and compensations provided for in Chapter 27 of the Labor Code of the Russian Federation. In particular, the dismissed employee must be offered a vacant position at the enterprise, and on the last day of work, severance pay must be paid.

Accounting for the opinion of the trade union

Reduction in part-time work occurs in accordance with Art. 74 Labor Code of the Russian Federation

Since the establishment of a reduced working time regime is possible only taking into account the position of the trade union, in the case of such actions, the employer must comply with the requirements of Art. 372 of the Labor Code of the Russian Federation, namely:

Send a draft administrative document on the establishment of part-time work with explanations of the reasons to the trade union.
Within five days, from the moment of notification of receipt of the project, wait for a response document -) of a motivated opinion on the specified issue.
If the trade union disagrees with the project, the employer agrees to this, or conducts additional negotiations within three days.
In the event that mutual agreement is not reached, it is necessary to draw up a protocol of disagreements.

After completing all the above steps:

The employer has the right to issue the declared order on the transition to a new mode of work)
The trade union can appeal against the issued order in court or the labor inspectorate.

You should be aware that the labor inspectorate is obliged to conduct an audit on the complaint and, if violations are found, issue an order to cancel the order.

Notifying the employment service

Within three days from the moment the relevant decision is made, the employer must inform the employment service about the introduction of part-time work for employees. The information must contain complete and true information. Otherwise, in accordance with Art. 19.7 of the Code of Administrative Offenses of the Russian Federation, an administrative fine may be imposed on an official.

A shortened working day does not mean 40 hours per week, as written in the Labor Code, but starting from 39 and less. It is provided in several cases, which are provided by law. Accordingly, if you fall into this list, then you have the right to demand that the management reduce the number of working hours.

Pregnant women. Expectant mothers, regardless of, have the right to work not 8, but 7 hours a day with a five-day standard working week. A shortened working day for pregnant women is provided from the first trimester, as soon as the woman finds out about her situation. In the future, she may ask to reduce the day to 5-6 hours, if the state of health is satisfactory or poor. Also, the employer is obliged to reduce to 20 if he works in hazardous work. The salary remains the same.

A shorter working day may be required by mothers who have a child (children) under the age of 14. Single mothers are given a short working day on the same basis as married women.

Women who have a disabled child of any age who lives with her. Disability in this case - the first and second groups.

Men raising a child without a wife. The same rights as a woman have a single father.

Workers with disabilities can also count on short working hours.

Minor employees under the age of 18.

Employees of harmful production.

In addition, the employer is obliged to introduce a shorter working day before the holiday. Just don't count on a 50% reduction in hours. As a rule, employers, not wanting to pay extra cash, which employees have not earned, reduce the day by a maximum of 10%. At the same time, they have the right to distribute this time over the entire working week in order to make up for the norm of hours.

Employers go to other tricks. They provide a short day without talking, but wages pay based on hours worked. Thus, a shorter working day has a strong impact on the cash payment.

In order to demand from the employer a reduction in the working day, you will have to collect documents confirming the reason for the transition to new working conditions. These can be medical certificates with a conclusion about pregnancy, health status or disability of the child. You will also need to bring documents

confirming that you have children under 14 or that you are raising them alone.

Of course, you can claim all the rights listed only from state enterprises, private organizations that do not work according to the labor code will most likely refuse you and you will not be able to do anything. Also, if you immediately ask the management for a reduced working day upon employment, then expect a refusal to accept you for a position. Of course, this is not legal, but the company will find a reason why you will not be suitable as a required employee.