Transition to part-time work. Half-holiday

Problem

The employer proposed to cut, shorten the working day (respectively, wages), whoever is against, can be reduced.

They take everyone to work in the darkness cockroaches on a service bus. Now it discriminates against those who decide to downsize. Refuses to carry those who decided to cut down. Have to walk on your own. Is it legal?

Solution

Hello!

The employer wants to transfer you to part-time working time, which is provided for by the law in Article 74 of the Labor Code of the Russian Federation:

In the event that the reasons specified in part one of Article 74 of the Labor Code of the Russian Federation may lead to the mass dismissal of workers, 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 established by Article 372 of the Labor Code of the Russian Federation, to adopt local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

In this case, part-time work involves remuneration for proportionally worked time, Article 93 of the Labor Code of the Russian Federation.

The employer, introducing the part-time work regime, must not forget to notify the employment service about this.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, then labor contract is terminated in accordance with clause 2 of part one of Article 81 of the Labor Code of the Russian Federation:

You know, if you do not agree to work on a part-time basis, which means that you will be fired under clause 2 of article 81 of the Labor Code of the Russian Federation to reduce the number or staff, then I recommend this Statement:

STATEMENT

for consent to early dismissal in accordance with Article 180 of the Labor Code of the Russian Federation

I, full name, work in "……." (indicate the name of the employer’s organization and its organizational and legal form of ownership (LLC, IP, OJSC, etc.) in the position “………..” from “___” _______________ 20__ to the present.

________________ (date) I was issued notification No. ___ in accordance with Article 74 of the Labor Code of the Russian Federation on the introduction of a part-time (shift) and (or) part-time working week, which can be introduced for up to six months.

I refuse to continue working part-time (shift) and (or) part-time work week, in this regard, I agree (a) in accordance with Article 180 of the Labor Code of the Russian Federation for early dismissal of me under paragraph 2 of Article 81 of the Labor Code of the Russian Federation, those. fire me for downsizing or staffing __________________ (date).

On the day of dismissal (the last working day of Article 84.1 of the Labor Code of the Russian Federation), I ask you to pay me:

1. Severance pay - in the amount of the average monthly salary, Article 178 of the Labor Code of the Russian Federation;
2. Compensation for unused vacation article 127 of the Labor Code of the Russian Federation, in accordance with the Rules on regular and additional holidays, approved by the NCT of the USSR on April 30, 1930 No. 169 and the protocol of Rostrud of June 19, 2014 No. 2;
3. Salary for the period worked on the day of dismissal;
4. Additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal, Article 180 of the Labor Code of the Russian Federation, from _____________________ to _________________________.
5. All accrued, but not paid amounts for wages and other payments, by the day of dismissal.

And also, I retain the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by me for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.

I ask you to consider my application and provide me with a decision on it within the time limits established by local authorities. regulations(hereinafter, LNA), which determine the procedure for passing and reviewing documents in the organization.

If the employer does not have this LNA, I ask you to consider my application within a reasonable time, but taking into account the deadlines specified in the Labor Code of the Russian Federation, taking into account Article 62 of the Labor Code of the Russian Federation - no later than three working days, or Article 64 of the Labor Code of the Russian Federation - no later than than within seven working days from the date of submission or receipt of this application.

You can apply in the following ways (your choice):

Through the secretariat, the personnel (personnel) department of the organization, so that on the second copy you are given the incoming number and the mark of the official on the acceptance of this application;

By registered mail with registered acknowledgment of receipt and description of the attachment;

Through a courier service;

From the mail (we are talking about the post office, main post office) by fax or e-mail (if there is an official e-mail address).

The shortened pre-holiday day according to the Labor Code of the Russian Federation is the day immediately preceding the non-working day holiday. By general rule duration of the working day or shift on the pre-holiday day labor law decreases by one hour (Article 95 of the Labor Code of the Russian Federation). And if the holiday is preceded by a day off - according to the calendar or work schedule, then the duration of the last working day before the day off is not reduced.

For example, the pre-holiday day of December 31, 2016 falls on a Saturday. This is a public holiday in an organization with a five-day work week. In this regard, on the previous working day - December 30 - the duration of the working day, as well as on other days, will be 8 hours.

Note that professional holidays such as the day of a lawyer, the day of trade workers, the day of a geologist, etc., are not official holidays and non-working public holidays. Therefore, the duration of the working days preceding them is not reduced.

Pre-holiday day in continuously operating organizations

Not every employer can provide their employees with a shortened pre-holiday working day. It's about o continuously operating organizations, for example, medical institutions, transport companies etc. Employees of such organizations, as compensation for processing on the pre-holiday day, are entitled to additional rest time or payment according to the norms established for overtime work (

Sergey Petrov

Many employees dream of having a shorter working day. The legislation provides for such an opportunity for certain categories of workers. Who has the right to use it and when?

On the essence of the concept of a shortened working day

Article 92 of the Labor Code of the Russian Federation.

To comprehend this term, it is necessary to know how the legislation interprets the concept of a working day. This is the part of the calendar period that is spent on the performance of a specific volume of services or the production of products. For employees, time is measured in hours and days in accordance with what time a person came to work, started it, finished his labor activity, left the workplace.

Fact! The amount of working time, which is the maximum allowable for citizens, according to the law, is no more than 40 hours per week, 8 hours daily with a five-day week.

At enterprises, the working day may be reduced for individual employees, as well as for the entire workforce. This norm is stipulated in the Labor Code and should be included in the rules work schedule organizations.

The obligatory shortened duration of the week applies to certain categories of citizens:

1. Employees 15-18 years old - in connection with age characteristics, in order to avoid increased stress on the young body.
2. Citizens employed in hazardous production. Workers in this area are prone to occupational diseases due to the impact of negative factors.
3. Pedagogical workers whose work is associated with high intellectual and nervous tension.
4. Women employed in agriculture, which is associated with increased stress on the body.
5. Disabled people of groups I and II for medical reasons.
6. Women living in areas with special climatic conditions, which are equated to the northern regions.

Reduced work time must be distinguished from part-time work week. Such a week, like a day, is established for the employee at his request. This condition is written in the employment contract.

The main difference between the two concepts is the amount of payments:

1. Payment for a day not fully worked is made in accordance with the number of hours or depending on revenue.
2. With a shortened mode of labor activity, payment is made in full according to the conditions established by law.

Reducing the time of labor activity of employees does not lead to a loss in wages, a change in the duration of vacation. This is guaranteed by the state and aims to create favorable conditions for the work of certain categories of citizens.

When can you legally reduce hours of work?

before the official public holidays the duration of the work is shorter by 1 hour. All employees whose activities are not related to work on a rotating schedule are entitled to this, in shifts. For those whose work week consists of 6 days, the pre-holiday day should last no more than 5 hours.

Interesting! If the enterprise by type of activity does not have the opportunity to reduce the time on holidays, then instead of the number of hours that could be used by the employee, he is given additional time for vacation.

Also, these hours can be replaced by monetary compensation for overtime work at the request of the employee. Payment for pre-holiday days is made as for a full day.

The mode of operation at any enterprise and institution is organized in accordance with the norms of SanPiN. For example, temperature regime in production or in the office has an impact on the performance of work. In this regard, in sanitary standards it is stipulated that the temperature in the office should be kept in the range of +20-28C. When deviating from extreme points norms in the direction of increasing or decreasing the temperature, the working time is reduced. Control over the implementation of sanitary and other standards should be carried out by the administration of the enterprise.

Each enterprise has individual features of the organization of production. The established labor standards change if the required amount of work is not available or other force majeure situations occur. The management of the institution has the right to organize a temporary mode of leaving the team for a short shift or a week through a reduction in hours of work.

How to arrange a transfer for a short day?

If the employee has a need to switch to a reduced working day, then for this you need to fill out an application addressed to the employer with an explanation of the reasons for such a need.

Conditions for switching to a shortened day:

1. Notify management 2 months in advance.
2. Administration must be notified in writing. Based on the application for the employee, an order is drawn up.
3. Specify the reason for which the need arose. The reason must be valid with the provision of a supporting document. For example, if patient care is needed, then you need to provide a certificate from the clinic.

Women can apply for a short day, if the specifics of the enterprise allow it. According to the Labor Code, the head is obliged to sign the consent to the application of those who have the right to do so, if there are reasons prescribed in the law:

1. The family has children under 14 who do not attend preschool and require care.
2. Need to look after a sick family member.
3. If a woman works as a part-time job.

In the absence of these conditions, the employer may refuse to reduce the working time for a woman.

Legal framework

The procedure for establishing a shortened working time is regulated by the Labor Code, in particular, Article 92.

It is written in it:

• norms for the length of the week in a reduced mode;
• grounds for shortening working hours due to specific working conditions or other conditions.

Articles of the Labor Code regulating the procedure for establishing a short working week

Article 320 of the Labor Code of the Russian Federation.

Article 271 of the Labor Code of the Russian Federation.

The norms of the Labor Code and other legislative acts on reducing the time of labor activity of different categories of citizens:

1. Children under 16 years of age are accepted for work if there is parental consent. The mode of their work should not exceed 24 hours, for adolescents aged 16-18, the norm should not be more than 36 hours. If a person working in parallel is studying in educational institution, then the norm is reduced to 12 hours a week for citizens under 16 years old, 17.5 hours - up to 18 years.
2. Disabled people should be created special conditions according to their state of health. For them, a week can last a maximum of 36 hours. This category includes citizens only with I and II groups of disability.
3. By order of the Ministry of Labor No. 33n, working hours for those employed in hazardous industries are maximum 36 hours. The Labor Code allows an increase in working hours to the prescribed 40 hours, but only with the consent of the citizen.
4. According to the Decree of the Government of the Russian Federation No. 101, doctors have the right to work in a shortened mode. Depending on the position, they can apply for a week from 30 to 36 hours. The list of positions is specified in the Appendix to the Resolution.
5. Art. 333 of the Labor Code regulates a shortened week for teachers - up to 36 hours. The norm can be reduced to 30 hours, depending on the position (Order of the Ministry of Education No. 1601).
6. Art. 423 of the Labor Code prescribes a reduction in the working week to 36 hours for agricultural workers.
7. For students who combine study with work, the work week may be reduced if they express a desire to do so to the employer. The university where the student is studying must have state accreditation.

Concern for working citizens is also inherent in the legislation of other countries. For example, in the Labor Code of Ukraine and other former Soviet republics, norms are fixed that reduce the length of the working day for underage citizens, for women with small children, and the disabled. These provisions are fixed in the local acts of the enterprise.

How is the transition to a short week

The transition to a short day is made at the initiative of the employee or management.

Article 93 of the Labor Code of the Russian Federation.

Employee initiative.

Sample application.

A citizen must write a statement to the head with a request to reduce hours of work. Documents confirming the importance of the reason must be attached to the application.

Employer initiative

The enterprise for such a step must have good reasons, for example, an attempt to avoid mass layoffs of workers. Management needs to attach a justification based on the calculations of economists, and thus prove that the introduction of a new work schedule is economically justified.

By agreement of the parties

The procedure for switching to new mode activities are much easier to organize if the parties have mutually agreed on the need for this. In this situation, it does not matter who is the initiator.

After the change in regime is justified, a new schedule is officially formalized in stages:

1. Warning employees in writing with all the details: a new mode of work, changes in wages, if any.
2. Issuance of a change order.
3. Familiarization of employees with the order.
4. Drawing up an agreement on the reduction of working hours, which is an annex to the employment contract.

The reduction in working hours does not mean that the duration of the vacation or the number of paid days upon dismissal is reduced for citizens.

Equal to forty hours. However, according to labor standards, some workers are entitled to reduced or part-time work. Despite the apparent similarity of the name, these concepts are not identical: they are used for different reasons and entail different consequences.

Part-time employment - what is it?

By agreement with the employer, certain categories of employees may work part-time. This is possible by reducing the number of hours worked per week (for example, from forty to thirty) or by reducing the number of days worked per week while maintaining their standard duration (for example, working eight hours from Monday to Thursday).

Payment under this schedule will be made either for hours worked or for the amount of work performed. It is worth emphasizing that this type of employment does not affect vacation or calculation, that is, vacation, seniority, sick leave, and other payments will be considered in the same way as with a full working day (week).

Who is eligible for part-time work?

You can apply for a transfer to a part-time schedule:

• pregnant women;
• raising a child under the age of fourteen;
• employees raising a disabled child up to the age of majority;
• employees caring for a sick family member.

The reduction of the week (day) is set by them upon their personal application, while the employer does not have the right to refuse, regardless of the nature of the work.

Part-time employment is also possible for employees raising children under three years of age, and with the preservation of the right to benefits.

Part-time work at the initiative of the employee can be set to certain period(for example, until the child reaches a certain age) or indefinitely.

As in the first case, payment will be made based on the hours (shifts) actually worked, while retaining the right to full leave and adding hours worked to the length of service.

Shortening the working day

In contrast to the incomplete, the shortened day is set in without fail, regardless of the desire of the employee or employer, to the following categories:

• teachers and those working in hazardous and/or hazardous conditions- 36 hours;
• disabled people of the first and second groups - 35 hours:
• employees under the age of sixteen - 24 hours.

The working day is reduced by an hour for absolutely everyone working on the pre-holiday day, including if the holiday fell on a weekend and was postponed. In addition, a reduced day can be set for other categories of employees, for example, those working with materials infected with the immunodeficiency virus, doctors, and also in certain cases, for example, in summer months.

The payment for reduced working time is calculated as for full time worked. In other words, a reduced number of hours for these categories of employees is the norm, and only their shortfall will lead to the need to recalculate salaries.

Thus, the concepts of reduced and incomplete time are different from each other. The first is a variant of the norm, the second is the possibility of reducing it without saving earnings for unworked hours.

One of the most common ways to save financial resources organization is the transfer of personnel to a part-time work schedule and, as a result, a decrease in salary costs. This approach is more loyal than mass layoffs. In the article, we will consider how the transfer to part-time work is carried out at the initiative of the employee and the employer, what is the procedure and how to draw up an order.

Incomplete duty is work time with a weekly duration of less than 40 hours. This question regulates the Convention No. 175 of 06/24/1994 and the Regulation of the State Labor Committee No. 111 / 8-51 of 04/29/1980 (hereinafter - the Regulation).

Transition to part-time work on the initiative of the employee

An employee can independently contact the manager to establish a part-time working period for him. The worker needs to write a statement and obtain the consent of the director.

According to the Regulations, the incomplete schedule provides for three options:

1. Reducing the number of working hours in each day of the working week;
2. Reduction of working days in a week while maintaining their normal duration;
3. A combination of points 1 and 2.

In his application, the employee indicates one of the above items, the length of the working day he needs, the duration of the period and the date the new schedule was established.

According to the rules of Art. 93 of the Labor Code of the Russian Federation, the director is obliged to establish an incomplete working regime for the following employees:

• pregnant;
• Parent (guardian) of a child under 14 or a disabled child under 18;
• A person taking care of a sick relative according to a medical report;
• Mother caring for a child under 1.5 years old.

The head has no right to refuse the specified categories of persons. A negative decision can be challenged in court.

According to the employee, the director discusses the conditions of the incomplete schedule with him. Relevant changes are formalized by agreement to the contract. Make up 2 copies of the document, signed by both parties.

The laws of the Russian Federation do not provide for restrictions on the number of working hours with a part-time work schedule. It is necessary to distinguish part-time from reduced. Their main characteristics are shown in the table.

Transition to part-time work at the initiative of the employer

An incomplete schedule may be introduced when the applicant is hired or subsequently. In order not to reduce staff, which is a time-consuming and expensive procedure, managers prefer to resort to part-time work. This does not require special expenses, but it obliges you to adhere to the norms of the law.

The director may, on his own initiative, introduce a part-time work regime in order to avoid mass layoffs of personnel in the following cases:

• Technique and production technology have changed;
• Introduced into production Scientific research and design developments;
• There was a reorganization of the structure of production;
• The profile of the company has changed;
• New methods of control, planning, production management are applied;
• Improved workplaces due to certification.

The manager must inform the trade union of his intention and take into account his opinion.

The director sends the trade union committee a draft order on the introduction of a new schedule. It indicates the period, type of part-time regime, categories of employees, justification for their transfer. The trade union committee prepares and submits a written response within five days.

If no agreement is reached, the manager has the right to approve the order, and the trade union has the right to apply to the labor inspectorate, the court or resort to a collective labor dispute according to the rules established by law.

The maximum period for applying the part-time work regime at the initiative of the management is 6 months ( Part 5 Art. 74 Labor Code of the Russian Federation).

2 months before the entry into force of the order, the director is obliged to inform the staff in writing about the change in the working regime and the reasons for this.

The work of a citizen is paid in proportion to the time worked by him or the work done. Consequently, the cost of paying salaries is reduced.

Part-time work is included in seniority, does not affect the duration of the next vacation and does not cancel other labor guarantees.

Typical error. An incomplete schedule is not an easy one.

With the introduction of an incomplete work week, some employers consider unworked days to be downtime and pay them.

Downtime is a forced suspension of the work of a company or its divisions for certain reasons. It is possible within the boundaries of working days and does not apply to weekends.

The transition to a partial week means the appearance of additional days off. They are not paid.

Step-by-step instructions for registering a part-time job at the initiative of employees and employers

If the desire to work part-time comes from an employee, the order of his transfer will be as follows:

Step 1. Acceptance of an application from an employee.

Step 2. Making an order.

Step 3. Drawing up an additional agreement.

At the initiative of the director, the sequence of actions is as follows:

Step 1. Preparation of a draft order.

Step 2. Coordination of intention with the trade union.

Step 3. Familiarize the staff with changes in the work schedule.

Step 4. Issuance of an order to establish an incomplete regime.

Step 5. Notification of the employment center.

The notice must be submitted in writing within three days from the date of the decision. Failure to comply with this obligation is punishable by a fine. For a manager, its size is 300-500 rubles, for an organization - 3,000-5,000 rubles.

Step 6. Conclusion of an additional agreement to the employment contract.

Typical error. Failure to submit statistical reports.

Introducing a part-time work regime, many managers forget to provide relevant information to the statistical authorities: ⊕ .

Organizations (except small businesses) with more than 15 employees must submit it. Data are submitted quarterly by the 8th day of the month following the reporting quarter.

Order to establish a new labor regime

When establishing a part-time work regime for an employee, an order is issued. It does not have a standard form.

The document reflects the following data:

• Reason for the transfer with reference to the article of the Labor Code of the Russian Federation;
• Graph type;
• Working hours and lunch breaks;
• The period of validity of the innovation;
• Departments (employees) to which the new regime applies;
• The procedure for calculating earnings;
• Payment methods.

Signatures are put by the head, chief accountant, personnel department specialist and employee.

If an incomplete schedule is set for an employee when applying for a job, this condition should be reflected in the order for admission.

Features of the incomplete schedule are shown in the table.

Payroll for part-time

In the conditions of an incomplete schedule, the salary is accrued taking into account the employment of the employee or the volume of tasks performed. The amount of compensation and incentive payments is reduced in proportion to the salary.

Example. Calculation of earnings for part-time work

From October 1, 2016, A.S. Vaskin, an employee of Vtorsyrye LLC, set a schedule: five days a week, 7 hours a day. With a regular schedule, he worked 40 hours a week. Vaskin took a vacation at his own expense for 2 days in October.

The previous and received data on accruals are reflected in the table.

In October, according to the usual schedule, there are 21 working days, respectively 168 hours (21 * 8). The employee worked 133 hours (19 * 7).

The fixed amount of the bonus is set based on the financial capabilities of the enterprise, and does not depend on the salary.

So, for October, Vaskin received a salary in the amount of 34,062.50 rubles.

If a citizen works part-time, then his earnings are calculated as follows:

Salary for an incomplete week = Salary / number of days on a full schedule * days worked.

The remaining surcharges are calculated from the amount of salary received.

The average earnings for accrual of vacation and compensation for unused, benefits from social insurance funds are determined in the traditional manner (from v. 139 of the Labor Code, Decree No. 922 of 12/24/2007, Decree No. 375 of 06/15/2007).

Translation features

The labor rights of part-time workers are equal to the rights of other workers. For example, they are also required to reduce the pre-holiday working day by 1 hour, and are provided with days off to care for a disabled child.

According to paragraph 14 of the Regulations, the length of service that forms additional leave for a person on a part-time schedule includes days worked in harmful conditions for at least 50% of the hours of the day of the standard schedule.

If the position of a person working on a part-time schedule refers to a vacancy with an irregular day, then he will be given additional leave when working part-time with a full day. With other incomplete schedules, a person cannot work in excess of the norm.

A mother (relative, guardian) caring for a child under 1.5 years old can work part time or at home. She still gets Social Security benefits Part 3 Art. 256 of the Labor Code of the Russian Federation). Sick leave is accrued and paid according to generally accepted rules.

Questions and answers about the transition to part-time work

Question number 1. Should an employee have a lunch break if he works 4 hours a day?

A part-time employee has the same rights as regular staff. He is entitled to a lunch break lasting from 0.5 to two hours, which does not apply to working time.

Question number 2. Do part-time workers have the right to be on a part-time schedule?

The full working day of a part-time worker is 4 hours. The law does not establish the minimum number of hours that a person must work in part-time work. The director may set an incomplete schedule for a part-time job when reorganizing the structure of production, changing its technical and technological components, or for other reasons, without violating the provisions of Art. 74 of the Labor Code of the Russian Federation.

Question number 3. A young man of seventeen works 35 hours a week. Is this regime considered incomplete for him?

For persons from 16 to 18 years old labor activity cannot be more than 35 hours weekly. For a young man, the time he works out has a normal duration. His schedule is not considered incomplete, but reduced.

Question #4. What about those who refused to work part-time?

The explanation contains Part 6 of Art. 74 of the Labor Code of the Russian Federation: workers are fired due to staff reduction ( paragraph 2 of Art. 81 of the Labor Code of the Russian Federation).

Question number 5. A part-time work week has been introduced in the organization due to the threat of large-scale layoffs. The six month period expires. When can a similar schedule be introduced again, but not for all, but for some employees?

You can enter an incomplete schedule again at any time, but 2 months must pass from the moment employees get acquainted with the corresponding order. In addition, the consent of the staff for the next transfer is required.

The reason for the introduction of an incomplete schedule can be indicated by referring to paragraph 1 of Art. 74 of the Labor Code of the Russian Federation. For example, the implementation modern technology. It must have documentary evidence (waybills, contracts, invoices, memorandums of heads of structural units, etc.).

One click call