Current edition of Art. 93 TK RF with comments and additions for 2018

By agreement between the employee and the employer can be installed both when admission to work and later part-time (shift) or an incomplete working week. The employer is obliged to establish part-time (shift) or an incomplete working week at the request of a pregnant woman, one of the parents (guardian, trustee), which has a child under the age of fourteen (a child-disabled child under eighteen), as well as persons implementing Care for a sick family member in accordance with the medical conclusion issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation.
When working under conditions of incomplete working hours, the employee's remuneration is made in proportion to the time spent or depending on the volume of work performed by them.

Work on part-time conditions does not entail for workers any restrictions on the duration of the annual main paid leave, the calculus of labor experience and other labor rights.

Commentary on Article 93 TK RF

1. Work for an incomplete working day is the exercise on the conditions of working hours, less than law, regulatory documents.

________________
Raisberg BA, Lozovsky L.Sh., Starodubtseva E.B. Modern Economic Dictionary. M.: Infra-M, 2006.

Implementation by the employee of its official duties in the mode of incomplete working time is possible in two cases:
- in the presence of an agreement between the employee and the employer;
- necessarily in view of the requirements of the law.

Can be installed incomplete working time Two types:
- incomplete working week;
- Part-time job.

The employee and employer by mutual agreement decide what type of incomplete working time to give preference.

The main condition for the implementation of work in incomplete working time in the first case is the achievement of an agreement between the employee and the employer, enshrined in writing the signatures of both parties and is an integral part of the employment contract concluded by the parties earlier.

In cases where the part-time mode is established by the employee directly when applying for a job (for example, part-time work), it is prescribed in the work contract concluded by the parties, and the additional agreement is not required to it.

2. In addition, the legislator established cases when the employer assigns a duty to establish for an employee of part-time working hours:
- With regard to pregnant women. This category of employees, the employer is obliged to establish an incomplete business week or part-time in accordance with the request for workers. At the same time, the number of working hours is determined by a woman based on her well-being. Note that the labor legislation is not established in this case of the minimum threshold for part-time time. Thus, the choice of the number of working hours in a shift or working day or the working week is carried out by the workers themselves, and the employer can only satisfy such a request. Mandatory is the expression of such a request for a pregnant woman in writing. It seems that when submitting an application for the establishment of an incomplete working time regime, a pregnant woman should provide relevant documents confirming the state of pregnancy, although this is directly and not specified by the legislator. The remuneration of such an employee will be carried out by the employer in proportion to spent time within a month, which is not any restriction or discrimination. In addition, in this case, making benefits for pregnancy and childbirth general rule It is calculated in the amount of 100% of its average earnings (Art. 11 of the Federal Law "On compulsory social insurance against accidents at the production and occupational diseases"). Thus, the smaller the number of working hours, the smaller the length of the pregnant benefit will be able to receive further;
- in relation to parents, guardians or trustees who have a child under the age of fourteen (a child-disabled child under eighteen). The legal status of guardians and trustees is regulated by the Civil Code of the Russian Federation (OGKRF.RU) and the Federal Law of April 24, 2008 N 48-FZ "On Covenant and Trusteeship". Disabled children are faces from the number of persons with disabilities under the age of eighteen years (see FZ "On the Social Protection of Disabled in the Russian Federation").

To the application of these workers about providing them with the possibility of their duties in incomplete working time is attached: the child's birth certificate; Document confirming the relationship (for parents) (for example, a certificate of adoption); a document confirming the right to exercise guardianship or guardianship; Documents confirming the presence of a child with disabilities.

In this case, the salary is paid to employees also in a proportionally spent time officer;
- in relation to workers who, due to the established family and life circumstances, care for a sick family member. In this case, the specified category of workers should be applied to a written application and submit to the employer documents confirming that the member of their family needs constant care In accordance with medical conclusion. The procedure for issuing an appropriate medical report was established by the Order of the Ministry of Health and Social Development of the Russian Federation of May 2, 2012 N 441N "On approval of the procedure for issuing certificates of certificates and medical conclusions."

It seems that in all cases where the employee establishes an incomplete working time regime on the basis of an employee's statement, the employer should be made to publish the appropriate order or an order to establish a specific employee of the relevant regime indicating the duration of the work shift, a working day or work week.

An important circumstance of working in part-time work, regardless of whether such a regime is established under an agreement of the employee and the employer or on the basis of a written statement of the employee, is the provision of a full-fledged annual paid vacation. Restricting the annual main leave by the legislator is prohibited.

In addition, the restriction of labor experience is prohibited, as well as any other labor rights for workers who carry out their job duties in incomplete working time.

Another comment to Art. 93 TK RF.

1. Incomplete working time is a working time defined by the agreement between the employee and the employer, the duration of which is less than the normal or abbreviated working time set by this employer.

2. Incomplete working time can act as an incomplete working week or as part-time (shift). With an incomplete working day (shift), the duration of daily work is reduced, but the working week remains five-day or six-day. The incomplete working week is a decrease in the number of working days while maintaining the established duration of the work shift. Perhaps simultaneous reduction in the working day (shift) and the working week. And working time can be reduced by any number of hours or working days without restrictions. Part-time or incomplete working week can be installed both when taking to work and subsequently.

3. Part 1 of the commented article determines the circle of persons whose requirement of incomplete working time is required for the employer. The employer is also obliged to satisfy the request of the disabled person on the incomplete working time, if the disabled person is recommended that the working time is less expensive than established in the law (Art. 224 of the TC).

The rest of the employees to establish an incomplete working time requires the consent of the employer.

4. The initiator of incomplete working time is the employee. In cases established by law, incomplete working hours can be administered on the initiative of the employer. On the procedure for introducing incomplete working time on the initiative of the employer, see Art. 74 TC and comment on it.

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• In what cases is allowed to establish incomplete working time?
• What documents need to be issued?
• What is the difference in incomplete and abbreviated working time?

Boris Berkhin auditor, Alexander Chausova, Auditor,]]\u003e www.prostonalogi.ru]]\u003e

Part-time

The establishment of an incomplete working time mode may be needed not only by the merchant for maintaining a business or its expansion, when the change in production frees part of the personnel. Incomplete regime can ask for employees for a variety of reasons. The merchant may well go to meet them, it is necessary to make only a few documents.

First we will deal with that there is something. The fact is that the concepts of "abbreviated working hours" and "incomplete working time" are confused, because both means a decrease in working time. However, the value of these terms varies.

The worker is considered the time during which the employee fulfills its employment responsibilities (Art. 91 of the Labor Code of the Russian Federation). Normal working hours for an ordinary employee cannot exceed 40 hours a week. For certain categories of workers, the code establishes abbreviated working hours. For such "exceptional" employees, the abbreviated rate is considered normal. These are people with disabilities I or II groups, minor staff, persons employed with harmful or dangerous conditions (Art. 92 of the Labor Code of the Russian Federation). That is, the abbreviated working time is the norm (less than 40 hours), the legally established for certain categories of workers.

Incomplete working time is a reduced working time. In relation to persons with normal working hours, the 40-hour week is reduced to some limit established general decision Employee and employer. For persons with abbreviated working hours, the operation mode is reduced based on the legislative norm. At the same time, if the merchant is obliged to establish an abbreviated time for an employee, then the entirely depends on the will of the parties. The main differences between the incomplete and abbreviated working time we led to Table 1.

Table 1. The main differences between incomplete and abbreviated working time

The general bases of incomplete working time are defined in Article 93 of the Labor Code. An incomplete working time is introduced by agreement between the employee and the employer. Moreover, the initiator can be both a businessman and the worker himself. Part-time or incomplete working week can be installed both when applying for work and subsequently by agreement between the employee and the employer.

There are three options for incomplete working time. The first is part-time (shift). In this case, the work schedule for every day is determined. For example, at a five-day working week, employees work at 8 hours a day from 9.00 to 18.00. The merchant reduces the number of hours a day and sets the duration of the working day five hours from 10.00 to 15.00, while the duration of the week, 5 days, is preserved. The second option is an incomplete working week. It saves the duration of the working day, but the number of working days is reduced. Suppose instead of a five-day week, introduce a three-day working week with an eight-hour working day. The third option implies the mixture of the first two, that is, the introduction of an incomplete working day at an incomplete work week.

Employee initiative

When contacting an employee, a merchant may, and in some cases it is obliged to establish for a subordinate part-time or incomplete working week. The employer is obliged to provide an opportunity to work incomplete day (week) at the request of a pregnant woman, one of the parents (guardians, trustees), having a child under the age of 14 (if a child is a disabled person, up to 18 years old), a person caring for a sick member Families in accordance with medical conclusion. In other cases, the merchant is entitled to refuse an employee to request an incomplete working day.

Now we will deal with the documentary design of the initiative of the employee. The subordinate should write an application for the possibility of working part-time (part-time working week). It indicates for what period how many hours a day or how many days a week he would like to work. A businessman concludes with an employee an additional agreement to the employment contract on the change in working conditions. The agreement is prescribed the duration of the working day (week), the procedure for payment (in proportion to spent time or depending on the amount of work performed) and the term (any under the Agreement of the Parties) of the Action of the Supplementary Agreement. At the end of the term defined by the parties, the employee automatically begins to work full time. If a specific period is not specified, then the end of the work period in incomplete working time is established by agreement of the parties on the basis of an employee's statement or on the suggestion of the employer. By the way, when the parties do not establish a specific expiration date of the agreement, in the document you can register the procedure for its termination and transition of an employee to normal operation. Based on the Additional Agreement, the merchant issues an order to establish an individual regime. In connection with the establishment of part-time working hours, no entries in the labor book do not need.

Consequences for employee

The establishment of incomplete working time does not affect the duration and procedure for the employee of the annual paid vacation, payment of the hospital sheet (including pregnancy and childbirth) and on the calculation of the employment experience. Everything is preserved, established by the Code, labor rights of the employee (Art. 93 of the Labor Code of the Russian Federation). But the salary at an incomplete working time will decrease. Remuneration is carried out in proportion to spent time or depending on the amount of work performed by agreement between the employer and the employee.

When establishing a part-time work mode wages decreases regardless of the wage system (official salary, tariff rate etc.). This is indicated in the Rostruda letter dated June 8, 2007 No. 1619-6. That is, change the salary system, make adjustments in regular schedule not necessary.

Example

The employee was hired with a salary of 20,000 rubles. at a 40-hour working week. From September 1, 2009, the employee is translated at part time - a 25-hour working week of 5 hours a day. Payment is carried out in proportion to spent time. So, for a fully spent (incomplete) time an employee is assumed to salary in the amount of 12,500 rubles. (20 000 rubles / 40 h. 5 25 hours).
Suppose in September, the subordinate took 4 days at his own expense. In September - 22 working days, 18 (22 - 4) worked out, which means the salary will be 10 227.27 rubles. (12 500 rubles / 22 days 5 18 days).

Employer Initiative

The introduction of an incomplete working time mode on the employer initiative is permissible only in the case provided for in Article 74 of the Labor Code. Namely, if there are changes in organizational or technological conditions of labor, and these reasons may entail the massive dismissal of workers. For example, a new technique is being introduced, production technology changes, accordingly, it will be necessary to reduce the state (mass dismissal) or reduce the operation mode. Of course, all these processes must have a documentary justification. The financial situation although it can entail the massive dismissal of the subordinates, is not a reason to establish an incomplete working time for its subordinates. Another case when the economic situation pushed a businessman to introduce other technologies, changing the production process, use and maintenance of equipment. In this case, the introduction of an incomplete mode is quite possible.

What is a massive dismissal of employees? Article 82 of the Labor Code refers to sectoral and territorial agreements, where the criteria for mass layoffs should be prescribed. For example, the construction and production of building materials is considered to be the reduction in state by 10 percent of the total number, in the field of domestic services - 5 percent.

So, to preserve jobs, a businessman can introduce a part-time working day (part-time working week). To do this, you need to make an appropriate order for the introduction of an incomplete working time regime. There is no special form for this, the order is compiled in arbitrary form. The period for which a reduction in the regime on the employer initiative is allowed is strictly limited - it cannot exceed 6 months.

On the upcoming changes in the conditions of employment contract, the merchant is obliged to notify employees. In addition, you need to report the reasons that caused the need to change (Table 2). It is done in writing no later than two months before the expected start of applying part-time time. This can be implemented by familiarizing the employee (under the painting) with the order on the introduction of incomplete working time or using a separate notice. The second option is preferable - the employee will receive a document where all the necessary information will be given, thereby the merchant will fulfill his duty to inform the employee about the upcoming changes. Moreover, the decision of the subordinate is better to have in writing. Note: the consent of the employee in this case is not required, it is only necessary to get a signature that the worker is familiar with the upcoming changes. But the failure must be in writing.

Table 2. Information that should be specified in the notification of the employee about the introduction of an incomplete working time regime

The employee has the right to disagree at part-time. In this case, the SP should in writing to offer a subordinate other existing in a merchant, the work that the employee will be able to carry out the state of his health, including the lower position or the lower-paying work (Art. 74 of the Labor Code of the Russian Federation). Offering available vacancies in other localities of the IP must, if it is provided for by the collective agreement, agreements, labor contract. If a merchant has no free vacancies or an employee refuses proposals, the employment contract with it is terminated in accordance with paragraph 7 of Part 1 of Article 77 of the Labor Code - the employee's refusal from continuing to work in connection with the change in the Terms of the Working Terms defined by the Parties.

By establishing an incomplete working day (shift) or part-time work week, the merchant is obliged to report this to the employment service within three working days after deciding on the introduction of part-time time (paragraph 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1, as amended by Federal Law of December 25, 2008 No. 287-FZ). No blanks for this is not provided, the message is written in arbitrary form.

For organizations, there is another requirement - to coordinate the introduction of a regime with representatives of the primary trade union organization (Art. 372 of the Labor Code of the Russian Federation). But the merchant has no one, therefore coordination will not need. And the last thing the entrepreneur should make is to draw up additional agreements to labor contracts for changing the condition establishing the duration of working time.

Today, many organizations in connection with economic problems prefer either to reduce regular units, or to introduce part-time. The Labor Code regulates this fact in Article 93.

Concept

Under an incomplete working day, an employment form, where the duration of labor time is less than established by law. For a joint agreement between the parties in employment, as well as in the future, a reduced day can be installed. This gives the right of Art. 93 TK RF.

In addition, by coordination, an incomplete working week can be established, as well as the opportunity to divide the work day on the part. Incomplete working time is installed both without limitation, and for a specific period of time.

An incomplete day

Labor legislation indicates the possibility to organize a workflow in several modes:

1. Reducing the duration of a labor day or shift.
2. Reducing labor days a week, but maintaining the duration of the working day.
3. Reducing labor activity per day for a certain number of hours.

But mistakenly combine the concepts of a shorter day and part-time. The Labor Code shares the main points of these two concepts.

For example, for certain categories of citizens, the abbreviated day is a labor standard. These are persons under 16, persons who have not reached majority, people with disabilities and workers involved in production with harmful working conditions.

More details of the abbreviated working time are indicated in Article 92 of the Labor Code of the Russian Federation.

Who is provided part-time

An employer can provide:

• part-time for a woman waiting for a child;
• an incomplete day for an employee who has a child under 14 years;
• an incomplete day employee who is caring for a disabled child under 18;
• an incomplete day employee who carries for a sick family member by medical conclusion.

In these cases, incomplete working time is set until the moment is completed, which are the basis for reducing working time.

Li Tabel needed

The working time table is conducted at all enterprises. Focusing on this document, employees pay salary and track information about the time of work. Part-time day should also be marked in the table. According to the decree of the State Statistics Committee No. 1 of 5.01.04, the "NA" or "25" mark is put in the document under part-time conditions.

Payments

Choosing an incomplete day, you need to be prepared for the fact that not only open hours are reduced, but also payment. Part-time, from an economic point of view, is beneficial to the employer. After all, the less the employee works, the less he will receive in the end.

This fact is established by law: wages are accrued in proportion to the time that the employee was worked out, or payments are carried out for a specific amount of work performed (Article 93 of the Labor Code of the Russian Federation with comments).

As for vacations, these payments are carried out in full, regardless of the mode of operation. Having calculated holidays, take into account the overall work experience and other labor rights. The reduced working day cannot affect the duration of the holiday. Also, the calculation of the average earnings per day for the accrual of hospital, vacation or travel occurs in the usual basis, according to regulatory documentation.

case When the employee performs his work outside the established schedule, it will be considered overtime and must be paid accordingly. Work on weekends or holidays is paid in double volume.

Each employee must remember that labor legislation is guarding his interests.

Registration

There are cases when the reduction of working time is an objective reason. Therefore, the employee immediately thinks how to make it documented. This process is not complicated at all. As mentioned earlier, initially part-time can be decorated in coordinating the parties to the employment contract. An incomplete day is prescribed as a regime for a particular employee (Article 93 of the Labor Code of the Russian Federation regulates the specific categories of workers who have the right to work part-time).

In order to go to a new mode of operation, regardless of whether the decision was made by agreement of the parties, on the initiative of the employer or employee, the employee must write an application for part-time. This is to some extent proof of the ruling of transition to this regime.

Further, on the basis of the statement, the authorized person issues an order to transfer a specific employee for an incomplete day. With this document, the employee meets the painting. After the order between the parties, an additional application should be signed about the introduction of a new mode of operation. Actually, after such manipulations, the employee can start working on a new schedule.

Below is an orders for part-time (sample document).

Changes in the contract

If any of the employees work schedule differs from the rest, such a fact should be reflected in the labor contract. If the changes were made in short time After the employment, it makes sense to make amendments to the document itself in other cases it is not necessary to change the entire contract. It is enough to issue an add-on, where the key points of innovations will be reflected. Part-time work should be fixed in labor documents, which are made only in writing. In other words, in words this fact is impossible to fix.

Often, for a good reason, the former conditions of the employment contract cannot continue to be observed. In such cases, at the initiative of the manager, changes may be allowed. Workers should be notified in a few months about possible changes and reasons that transferred to this. The head of the organization shall notify employees about the transition to part-time. The Labor Code regulates this article 74.

These changes may occur if the manual has a choice or cut the staff as much as possible, or save the working units, but reduce working time. The legislative procedure may be provided until six months.

The most striking example is the situation with mass dismissal due to the liquidation of the enterprise. The abbreviated duration of working time is determined in this case by one order on the organization with which all employees should be found. Also in this situation, every employee must give his consent or disagreement with a new work regime. And if the employee does not want to carry out work on the new regime, the labor agreement is automatically terminated. At the same time, the employee receives compensatory payments.

Part-time for women on maternity leave

The most relevant, perhaps, is such a question as a working schedule of women in the decree, and more precisely, then part-time. Child care leave should not prevent the desire to work, especially if the employer welcomes the employee's advance exit. She, in turn, will be able to quickly enter the course of the case and not lose jobs skills.

It is important to remember that the childcare leave may be issued by the employee before reaching the child for 3 years. Wherein workplace It is saved. Labor legislation allows a woman at the same time to be on maternity leave and go to work on part-time. The Labor Code regulates this right part 3 of Article 256.

Consider the peculiarities of the working day for women in the decree. Labor law has no restrictions on the work of a woman with young children. There are several options:

1. An event must be specified, until the onset of which adjustments are made to the work schedule.
2. You can not specify certain dates, since the legislative norms do not provide what exactly the duration of the working week of a woman in the decree should be. In fact, it can work for a couple of hours, and 39 hours a week.

If a worker processes, then she should pay overtime. It is also necessary to consider the feeding hours included in labor time. For this, the employee must compile an application for the provision of this time, and the time for a break does not apply to this. Like all employees, a woman in the decree has the right to a shortened day before the holiday.

Any deviation from the normalized work schedule must be compensated as overcoming hours or in the form of an additional output.

The abbreviated duration of working time should be reflected in the table. With an incomplete work week, all spent days should be indicated, with an incomplete day - hours spent on fact. For employees who are on maternity leave and simultaneously with this executing their employment responsibilities, the tables in the table have their own characteristics. To reflect the fact of the care of child care and spent time, two codes are affixed in the table.

As for the documentary for a young mother, all the nuances of her work activity should be spelled out in addition. First you need to write a statement where the desire of the employee will be indicated for part-time and the period for which this working schedule must be installed. Based on this statement, an order is published and duplication is signed. In the order, which is published by the head, the work schedule must be indicated, taking into account the lunch break, for feeding babyas well as weekends. Wages are charged taking into account the spent time.

Part-time for students and pensioners

To issue labor relations with students studying in full-time department, you can general groundsAccording to the principles of labor law. You can conclude an agreement both for a certain period and indefinitely. When an employment contract is signed with a student, article 92 of the Labor Code of the Russian Federation should be observed, where the duration of working time is indicated for students to 18 years, combining learning and labor activity.

This category of employees has the right to the abbreviated duration of working time, namely no more than 18 hours a week. At the request of the student or by agreement of the parties, an incomplete working schedule can be installed:

1. Part-time for students involves a decrease in working hours per day (for example, instead of 8 hours 4).
2. An incomplete week involves a decrease in working days.
3. An incomplete week with part-time.

All the above conditions must be fixed in the employment contract or supplement.

In addition to the decoration of an incomplete day, the student can qualify for vacation without saving cash payments:

• for a period of up to 15 days to pass intermediate certification;
• for up to 4 months to prepare for the delivery of the graduation project and submit state exams;
• for up to a month to pass the state exams.

These conditions are acceptable only if the university has state accreditation.

As for working retirees, the existing Russian legislation does not provide for part-time retirees. Consequently, this category of employees is obliged to work on the established rules along with the rest of the employees, to comply with all the internal rules of the organization and work out the laid hours.

Benefits and compensation

Article 93 of the Labor Code of the Russian Federation establishes the fact that every employee who carries out work on part-time has the right to all guarantees, benefits and compensation. The organization must provide an employee:

1. Main annual vacation.
2. Payment of the hospital sheet on the basis of FZ-255.
3. Administrative leave in the amount, which stipulates Article 128 of the TC.
4. Accounting for working experience.
5. Permission for a student vacation.
6. Payment for compensation for work in the extreme north.

Consequently, despite the reduction in the time of work, the employee has the right to count on those benefits that are established by federal legislation.

Cancel regime

As the legislation says, it is possible to reduce the working hours at the request of the employer in coordination with the trade union bodies and no more than half a year. But also in the right of the head, cancel an incomplete working schedule of previously established deadlines. The same right has an employee. It can make changes to his schedule in coordination with the head.

As a rule, the main reasons for the return to the old work schedule is to eliminate the circumstances that caused the reduction of labor time.

Consider situations where the initiative to reduce the time proceeded from the employee. A pregnant woman may ask to translate her to an incomplete schedule until the end of the maternity leave. But further, the same employee has the right to leave it on a part-time before the onset of fourteen age in the child. But after the occurrence of this age, the employee will have to return to the former working regime, while providing a child's birth certificate. Based on this document, an order will be issued, where the reasons for changing the labor regime are prescribed. Also, in addition to the contract, the contract must be signed.

In the case when personal circumstances were the basis for reducing working time, an employee, in order to return to the same hour, need to provide a package of documents and write an application for cancellation of incomplete working time.

If the initiative on the transfer of part-time employees proceeded from the management of the organization, then to return the previous chart, it will be necessary to agree on this fact with the trade union organization, notify employees for two months about the future changes and only then issue an order.

If an enterprise plans to work on a reduced time full time, then no additional documents will be required. At the end of the specified period, work employment is restored automatically.

Consider several examples. In the organization there were some difficulties due to the fact that equipment was broken in the enterprise, which is a supplier of products. The organization is forced to make purchases elsewhere and already in smaller amounts, which actually served as a reason for reducing the number of sales. The equipment repair deadlines cannot be predicted, but the organization could adjust the working hours of employees. After all, finding new suppliers that meet all the requirements is much easier than to endure losses. And the organization may well afford in this case to reduce the work schedule of all employees until the problem is solved.

One more example. An employee of the organization has a child who goes to the first class. It must be taken after lessons and monitor the implementation homework. At the same time, this process must be done precisely during the period of working time. For such cases, legislation provides for a woman's right for incomplete time. Thanks to this, the employee can solve its problem, adjusting family problems and without throwing work. This fact is fully registered in labor legislation and each employer must remember that evasion of the guarantee provided may entail administrative responsibility.

So, of all of the foregoing, it is clear that the incomplete time is regulated at the legislative level. Those categories of employees who certainly have the right to such a regime should know their capabilities and not be afraid to use them. IN modern conditions Labor It is very important to know the legislative norms and be able to use them for their intended purpose. Especially since such knowledge can help keep the workplace.

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

In case of incomplete working day, the number of hours of work per day compared to the fact that it is established in the organization by the schedule or schedule for this category of employees (for example, instead of 8 hours - 4).

An incomplete working week means establishing a smaller number of working days per week (less than 5 or 6 days). It is possible to establish an employee of an incomplete working week with an incomplete working day (for example, 3 working days per week duration of 4 hours).

In contrast to the reduced working time, which is a complete measure of the duration of labor established by law for certain working conditions or categories of workers (Art. 92 of the TC), part-time time is only part of this measure. Therefore, in case of incomplete working time, labor payment is made in proportion to the spent time, and with a piecework payment - depending on the production.

An incomplete working time is usually established by agreement of the parties to the employment contract. Such an agreement can be achieved both when entering work and during work. The condition for incomplete working time should be reflected in the labor contract or decommission as a supplement to it.

2. The law does not limit the circle of persons for which work is allowed on the terms of incomplete working time. It can be established by any employee at his request and with the consent of this employer. At the same time, in certain cases, the employer is obliged to establish an employee at his request part-time or incomplete working week. So, the incomplete working time is mandatory at the request: a pregnant woman; One of the parents (guardian, trustee), having a child under the age of 14 (a disabled child under 18), as well as persons who carries out the patient with a family member in accordance with the medical conclusion issued in the manner prescribed by federal and other regulatory legal acts of the Russian Federation.

Consolidation of the right to compulsory establishing a part-time work regime of only one of the parents with a child under 14 years old (a disabled child under 18) means that in the event of a need for this mode and the second parent, he must solve this issue in General order, i.e. By agreement with the employer.

In addition to these categories of persons, the employer must establish incomplete working hours at the request of the disabled person, if such a regime is required by him in accordance with individual program Rehabilitation, which is obligatory for execution by organizations, regardless of their organizational and legal forms (Art. 11 and Art. 23 of the Law on the Protection of Disabled).

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

3. Incomplete working time is established for a certain period or without specifying the term. At the same time, work on the conditions of an incomplete working day or part-time working week is indicated in the content of the employment contract (see Art. 57 and comments. To her).

Workers engaged in part-time working conditions have the same labor rights as the persons who work full time. They are relying a full annual and educational leave; The time of work is counted in the work experience as a full working time; Weekend I. holidays provided in accordance with labor law.

In the employment records, the mark of work with incomplete working time is not done.

About working on the conditions of incomplete working time women and other persons on leave to care for a child under 3 years old, see h. 3 of Art. 256 and comments. To her.

An incomplete working time can be established not only at the request of the employee and in its interest, but also at the initiative of the employer. The translation into incomplete working time is possible due to changes in the organizational or technological conditions of labor, taking into account the opinion of the elected trade union body of this organization for up to 6 months.

On the order of translation for such a mode, see the comment. to art. 74.

Persons taken to work on a part-time or part-time work week, as well as half-rates adopted on half (salary) in accordance with the employment contract, are included in the list of employees of the organization. In the list of numbers, the specified workers are taken into account for each calendar day as entire units, including the non-working days of the week, due to employment.

Persons who worked for an incomplete working time in accordance with the employment contract or translated from the written consent of the employee to the part-time mode, in determining the average number of employees, are taken into account in proportion to spent time (see indications of filling out the form of federal statistical observation N 1-T "Numerical information and wages of workers ", approved by Rosstat's decision of October 13, 2008 N 258 // Questions of statistics. 2009. N 1).

For an employee, part-time working time on the employer initiative means that the enterprise is possible to reduce the state. Many prefer to dismiss on their own and look for a new place, and for other changes in the working mode - only a temporary phenomenon.

Part-time

The working time that the staff spends the performance of professional duties. Its duration at the enterprise is established according to production need and fixed by local acts.

However, in the Labor Code of the Russian Federation there is no explanation for incomplete working time, so if necessary, you should contact other regulatory acts. Such a document is the Convention of the International Labor Organization. It says that part-time time is a period, the duration of which is less than the previously installed norm.

When implementing a part-time working day, one of the following modes can be used:

• reduction of labor day;
• reducing the working week;
• abbreviated shift with a reduced week.

There are several categories of workers who can work incomplete day or a week. This is considered a complete norm of labor. We are talking about minors, disabled people, pregnant women, etc.

Salary

In case of incomplete working day, the income of the subordinates decreases. The payment system does not play any role, since the salary is paid according to spent time or work out. There are no other restrictions such a reduction.

For example, an employee for whom a part-time mode is installed on the initiative of its employer has the right to the same duration. annual holidaysAs with the full working day. There are no changes to accrual an employment experience. Middle earnings with abbreviated working time is always calculated on general reasons.

Employer Initiative

Installation of incomplete working time may be needed by manual for various reasons. Most often it is related to economic problems in the company when the employer chooses a reduction in working time or dismissal of the personnel. The head has the right to translate subordinates to another labor regime. The maximum term of such a change is 6 months.

Since the introduction of an abbreviated working day is a change in the terms of the employment agreement, it is necessary to adhere to the rules. The actions of the head should not violate the rights of personnel or worsen the position of employees. An example is the fact that when a salary decreases, it should not be less than minimum wage.

Read also Who is given the possibility of abbreviated working hours

Registration

After the director decided to reduce working time, he needs to make everything correctly. For this, he publishes an order. Before issuing a document, work and payroll regimen should be developed. The disposal of an incomplete working day includes:

• name of company;
• the date of compilation;
• grounds for transition to incomplete working hours on the employer's own initiative;
• dates of the abbreviated working day;
• the mode of operation, which the head considers acceptable;
• additional instructions of accounting and personnel department.

The order for part-time transfer on the initiative of the head is subscribed not only to them, but also by the chief accountant, the head of the personnel department, etc. Sample disposal can be found on the Internet. The law is not established by the order form, so it can be any. The main thing is to use the firm's blank with the necessary details.

Next, the employer draws up notification of part-time translating. The notification must be executed no later than 2 months before the reduction in working time. The boss is obliged to prepare and send the document to each employee individually.

Help: If the deadline for sending is disturbed, then the subordinate can be canceled by the disposal for part-time transfer. In modern judicial practice There are many such cases.

The notification indicates the reasons for reducing the working day, deadlines, a new work schedule, etc. The employer must indicate that in case of refusal to work in this mode, the contract is subject to termination. Each employee meets the notice of the painting, and the failure is made according to the established procedure.

In the Labor Code of the Russian Federation, it is said that the labor agreement in case of refusing to work in the changed conditions is terminated automatically. But the tenant has the right to independently decide the question with the dismissal of such a subordinate, so he can leave him for his posts on the previous conditions.

As for the additional agreement, the instructions on the need for its design in regulatory acts are not. But since the conditions of work prescribed in the document are changed, then their changes are desirable to secure additionally.

For this, the head can conclude with each employee add. agreement. In addition to information about the new mode of operation, the document must contain the details of the parties. His signing means that the employee agrees to continue labor activity.

If the introduction of incomplete working time does not need to be canceled in advance, then the manager is not obliged to issue an additional local act. As for the deadlines, there are a number of nuances. For example, the new mode can be installed only for half a year. If the initial period was less than 6 months, then by its expiration, the management can extend the period to the maximum.

Read also Duration of the working day for minors

Excess the specified limit employer is not entitled. This also applies to those cases when the employer translates the staff to the normal mode of labor, and after 1-2 months again introduces restrictions that illegally. At the same time, the specific time between these periods in regulatory acts is not specified.

In practice, this is permitted if the reasons for the introduction of a new work schedule are different, and the gap between the periods exceeds several months. Suppose, for the first time the employer reduces the working hours due to the reorganization of production, and in the second - due to changes in technological process. The changes must be implemented officially, and the management can confirm this using documents.

Participation of the trade union

The opinion of the trade union about this is necessary if the company's management introduces abbreviated graphs to prevent the massive dismissal of personnel. Then the director, before reducing the number of days or hours, is obliged to send a draft regulatory document to the trade union.

Employees of the trade union should explore the paper filed and within 5 days from their receipt to provide the sender their reasonable opinion. If the trade union body does not agree with any points locally an act, it can offer the leadership to make changes. An employer for 3 days decides on changing the document.

If the agreement failed to achieve, the contradictions are made using the protocol. After that, the company's management can adopt a regulatory act and introduce changes to the work mode on its own terms. But in this case, you should be prepared for the fact that the trade union will wish to challenge the decision of the employer in court or labor inspection. If the dispute is not resolved in favor of the initiator, he will have to cancel innovation.

Warning service employment

When the company is inserted into the enterprise, the management must inform the employment service. This rule is mandatory since 2009. Also installed dates - 3 days from the date of decision to reduce.

The employer is a notification, a unified form of which does not exist. Each Director issues it in an arbitrary form, indicating the following items:

• the start date and end of the part-time period;
• the reasons for which organizations need to reduce the number of hours;
• the number of subordinates forced to work under the new rules.