Please issue an incomplete working time on the initiative of the employee rarely pleases the employers. After all, this means that a person will work less, which means it will not be able to fully fulfill his duties. But the law allows you to switch to a shorter working day or a week in the presence of serious grounds.

general information

A working citizen of the Russian Federation, on average, should work at least 40 hours a week. For some categories of workers (minors, disabled people, etc.) have other labor standards. But for most workers, 40 hours is far from the limit, so extra time is paid as overtime clock.

However, overtime work also has its limitations. So, for example, a person cannot work longer than 4 hours 2 days in a row. The total duration of additional hours of work per year should be not more than 120 hours. It is not difficult to calculate that the working week may increase, maximum, for 16 hours.

Often, employees need to reduce the time held at work, due to certain personal circumstances. The law allows employees to enjoy such an advantage. But the agreement between him and his direct supervisor must be fixed documented.

The employer can, how to refuse and allow to reduce this norm. He is not entitled only when the request is visible to a pregnant employee, an employee with a minor child, etc. If an employee has other reasons for reducing working time, then the issue of the issue remains at the discretion of the head.

Registration

Incomplete working time must be decorated by law. A little to agree on the question with the bosses and start going to work on a new schedule. Without registration it will be only a row and an additional reason for dismissal. As for the deadlines, the head of the employee for part-time leader may for any period, for example, for a week or month.

Reduced the boss can be as follows:

• reduce the number of working hours per day;
• set the minimum duration of the working 5-day;
• use both ways, shorting and hours, and the number of working days.

In the Labor Code you can find information only about the maximum number of working hours per week. The minimum norm is contained in the State Commercial Decision, and with a reduction in time it must be taken into account. The working day, according to this regulatory act, must be at least 4 hours. Accordingly, a week is 20 hours of work. This limit should be taken note, although the law does not prohibit production need (When the initiator stands the employer) to work 2 hours a day or only a few days per week.

Read also Types of interruptions that are included during working hours and are paid

When the reduction in labor time asks the employee, he himself establishes the required duration of the day or week. But the employer can not arrange this, so it is necessary to find a compromise and reduce the number of hours so that it does not infringe on the rights of both sides.

According to labor legislation, the employee may ask the head of an incomplete labor day, not only being already employed, but also when making work. In the first case, the parties are required to conclude an additional agreement to the employment contract, where the following should be specified:

• dates of abbreviated working time;
• cause;
• details of the parties.

This document is issued in several copies, one of which remains subordinate. If the employee expresses his request for employment, then all the necessary information is indicated in the convention itself.

The employer may request from his subordinate documents confirming the need to reduce the working day. This may be, for example, a medical certificate (during pregnancy), a child's birth certificate, etc.

An employee of the personnel department is obliged to make appropriate changes to the working hours accounting tab. As a rule, the T-12 form is used in many enterprises. If the employee emerged part-time, then in graphs 4 and 6 it is necessary to specify a special letter code ("I") or put "01".

If this is an abbreviated week, then weekends are denoted by the letter "in" or "26" figures. When filling out the employment record, information about the abbreviated work time is not specified in any employment, nor upon subsequent dismissal of the employee.

Statement

For incomplete working time, on the initiative of the subordinate, his statement is required. The form of the document by law is not established, so you can use a suitable sample from the personnel department. Application for incomplete working time should contain such items:

• the duration of the period when a person is required part-time or week;
• type of reduced working time;
• the date with which the new schedule will function.

The statement is necessarily drawn up in two copies. One document remains at the tenant, and the second he signs and gives the employee. If the employee has no documents certifying a serious reason to reduce labor time, then the head must prevent it in a possible refusal. Also, the employer has the right to demand this document officially.

Read also Nuances of the day of the working day of the disabled person, benefits and guarantees

Order

If the parties have agreed to reduce working time, then the employer must be issued an order to transfer the subordinate to the new schedule. In the case when the head will reduce the operation of the employed employee already, the order is compiled in free form. The compiler only needs to adhere to the rules of office work and specify the basic information.

If the order for part-time translating on the initiative of the subordinate is drawn up with its employment, the employer uses a special form T-1.

The salary

In the event of an abbreviated working time, the employee must understand that his earnings will suffer from this. In other words, it will be equal to either the amount of spent time or the number of work performed. But these are the only limitations that the employee is waiting for an incomplete working day.

Suppose Sokolova P.L. The manager at the standard 40-hour week received a monthly salary of 45 thousand rubles. In connection with the care of a sick relative, she was translated into a shortened day. Now instead of 8 hours a day, it works only 6.

What salary can she get, suppose, in October, in which 21 working day? To calculate, 45 thousand rubles are divided into 40 hours, and then multiply by 30. 45,000 / 40 * 30 \u003d 33,750 rubles. This will be the salary of Sokolova P.L. For October with an incomplete working day. If there is a need to calculate the average wages, it is standard and subject to payment when performing the entire norm.

The employer has no right to reduce the leave of the subordinate, compensating for the days of rest of his abbreviated working week. This also applies to hospital leave, which the employer is obliged to provide for all the rules. There is also no restrictions related to insurance premiums, accounting for employment experience, etc.

Handling initiative

The abbreviated time can be set not only at the request of one or more workers. Sometimes this step uses organizations to some economic problems or change technological process. In the first case, the employer has only two outputs - incomplete working hours or reducing staff.

How to set an incomplete working day mode?

Which initiative a working day can be reduced?

How to pay for vacation to worker at shortened mode of operation?

As known, Labor Code Melted to work no more than 40 hours a week. Such a duration is considered normal. For individual categories of workers, this rule is slightly smaller. Nevertheless, by agreement of workers and entrepreneur, the duration of work can be reduced even more. This happens if there is a need to establish an incomplete working time regime (Art. 93 of the Labor Code of the Russian Federation). And incomplete can be both a working day and a working week.

In case of incomplete working time, it is possible to alternatively any duration. It is only necessary to make several documents.

Cropped day

In case of incomplete working time, the duration of finding employees in the workplace is reduced. Moreover, such a mode can be established both immediately when taking work and in the future, if there is the will of the parties to the employment contract.

In case of incomplete day, the number of working hours is reduced during the day (for example, daily four hours instead of eight). If an incomplete week is established - the number of days of work decreases, during which the employee must work laid 8 hours. A mixed option is possible: a few days a week for several hours. For example, three days at four o'clock, instead of the five days to eight hours.

Initiative to introduce part-time or a week can act as an employee and entrepreneur. Please pay attention to this request for a pregnant woman, a child's parent at the age of 14 or a career for a sick family member cannot. In addition, to meet the employee in establishing an incomplete working time will have to and in the event that he is on child care leave. Moreover, this rule concerns not only the mother, but also the father of the child, grandmothers, grandfathers and other relatives and guardians actually caring for the child (Art. 256 of the Labor Code of the Russian Federation).

Specialists working part-time, the same guarantees are relying as the rest - weekends, vacation, lunch breaks, etc.

Documentary registration if the employee is desired

If part-time is established when applying for work, the condition for its duration must be fixed in the labor contract. The existing employee will have to sign an additional agreement towards the employment contract.

The registration of incomplete working time depends, above all, from whether it is an initiative: an employee or IP.

If the employee wanted to reduce the duration of work, he needs to write a corresponding statement. There is no special form for it, but it must be specified:

- the desired duration of the day or the week;

- type of incomplete working time;

- The date with which the worker asks to change the mode of operation.

If an employee has grounds for which he can not refuse this request, the application must be approved by their confirmation: a certificate of pregnancy, hospital care for a sick family member, etc.

If you do not have objections, you can move to the signing of an additional agreement to the employment contract. It indicates new working conditions and the date with which they begin to act. Put in the agreement a specific work time mode: the duration of the working week, the start time and end of the working day, interruptions, etc.

The agreement is drawn up in two copies, signed by the employee and the employer, and then one copy is awarded to the employee under the painting. An additional agreement to the employment contract may look, for example, as shown on sample 1.

Sample 1.

Additional agreement to the employment contract to establish a part-time

Based on the statement and additional agreement, the employment contract should be issued (sample 2). There is no unified form of an order of establishing an incomplete working time, so the entrepreneur is free to arrange it. Specify in it the date of installation of incomplete working time, the working time duration and the specific mode of the employee. Part-time work can be installed both for a certain period, and indefinitely. If this mode is being entered temporarily (for example, for the summer), this period should be specified in the order.

Sample 2.

An order to establish incomplete working time

Documentary decoration by the desire of an entrepreneur

The situation is more complicated if the working time reduction initiative comes from the employer. In this case, the duration of such a mode cannot exceed six months (Article 74 of the Labor Code of the Russian Federation). Reduced working hours to his staff, an entrepreneur may, if due to changes in the organizational working conditions and production technology that can entail the massive dismissal of workers.

When deciding on reduction of working time, first of all, an order should be issued. It indicates the reasons that caused the change in working conditions, the division for which such a regime is introduced, and its periods.

The signing of this document needs to notify employees in writing. Pay attention to the reduction of working time can be introduced no earlier than two months after the announcement of the order and notifications about it workers. Specify in the notification that in disagreement with changes, the employee must report this in writing, and set this appropriate time.

Next, it all depends on the decision of the employees. If they agree to reduce working time, an additional agreement is signed to the employment contract. How to make it up, we have already told. If not, labor contract It is terminated (paragraph 2 of Art. 81 of the Labor Code of the Russian Federation). You will need to receive a written confirmation of the decision taken by the employee (consent or refusal).

Information on the translation for incomplete working hours is not made in an employment record or in a personal employee card (form No. T-2).

When establishing a part-time work regime, the employer is obliged to report this in writing to the employment service within three working days after the adoption of the relevant decision (paragraph 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment of the Population in the Russian Federation ").

Accounting and pay

As you know, working time accounting is conducted in the table (form No. T-13). The filling of the table depends on which type of incomplete working time has been installed.

With an incomplete work week, non-working days are noted as a weekend (letter "B"). Please note the employee to work on such days is needed in the manner prescribed to bring to work on weekends, and pay them according to the rules of payment of the weekend days. In case of incomplete working day, the corresponding employees in the table is affixed by the actual spent number of hours. If the entrepreneur intends to attract an employee with an incomplete afternoon outside of its duration, it will be considered overtime, which should be paid in a two-year or double size (Art. 152 of the Labor Code of the Russian Federation).

When working under conditions of incomplete working time, labor payment is made in proportion to the time spent or depending on the work performed. Let us give an example.

Example

Individual entrepreneur Kuznetsov V.A. Installed an incomplete working time for accounting: for the chief accountant - an incomplete working week with work on Monday, Wednesday and Friday, for an accountant's assistant - part-time, daily 4 hours instead of 8. Salary of the chief accountant - 30,000 rubles, salary assistant Accountant - 15 000 rubles. Let's calculate their salary for June 2011. In June 21 working day.

Salary of the chief accountant \u003d 30 000 rubles. / 21 R.D. x 12 R.D. \u003d 17 142 rub. 86 kopecks

Salary of assistant accountant \u003d 15,000 rubles. x 4/8 \u003d 7 500 rub.

Please note: the introduction of an incomplete working time mode does not entail the changes to the standard schedule in the parts of the established originally salary. And B. staff schedule, and in labor contracts, salary remains the same.

Vacations and hospital

Providing holidays to workers who workers in a part-time day or week is carried out on general grounds. Annual primary paid vacation is established by the same duration as employees with full working time: 28 calendar days or more than 28 calendar days, if the law provides for an extended vacation.

In accordance with clause 12 of the Regulation, approved by the Decree of the Government of the Russian Federation of December 24, 2007 No. 922, when working under the conditions of part-time work, the average day earnings for paying for holidays and payment of compensation for the unused leave is calculated similarly to the calculation at normal working hours. It does not matter that in the settlement period the working time mode has been changed (the letter of Rostrud dated July 28, 2008 No. 1730-6-0). That is, the average daytime earnings to pay for holidays provided in calendar days, and compensation payments for unused leave is calculated by dividing the amount of wages actually accrued during the estimated period, by 12 and on the average monthly number of calendar days (29.4).

Now a few words about hospital.

In accordance with the regulations on their payment, approved by the Decree of the Government of the Russian Federation of June 15, 2007 No. 375, when establishing a fallen part-time working time, the average day earnings are determined in general manner: by dividing the amount of earnings accrued for the estimated period, by the number of calendar days perpetual, with the exception of calendar days periodes, not taken into account when calculating average earnings.

Days when an employee did not work at the part-time work week, are considered completely. To determine the amount of the benefit of the average daytime earnings, multiply by the number of calendar days of temporary disability payable. At the same time, the mode of operation is an incomplete working week or part-time - no value for calculating the benefits.

Labor legislation allows various modes of operation. One of them is an incomplete working time mode. About how to establish such a regime, whether it is suitable for all employees, what are the varieties of such work time, you will learn in this article.

The concept of working time. Incomplete working days

Working time - time during which the employee in accordance with the rules of the internal labor regulation and the conditions of the employment contract must fulfill labor duties, as well as other periods of time, which in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation relate to the workers time (Art. 91 of the Labor Code of the Russian Federation). In this case, the normal duration of working time may not exceed 40 hours per week.

However, in Art. 93 of the Labor Code of the Russian Federation states that by agreement between the employee and the employer can be established part-time. Moreover, the legislator distinguishes several types of such time:

- part-time (shift) - with this mode, the duration of work per day is reduced, for example, an employee instead of 8 h works for 6 hours, but remains the same number of days as at an 8-hour working day;

- Incomplete working week - the number of working days is reduced at a constant duration of the working day (shift). For example, a worker worked 5 days a week for 8 hours, and after establishing a part-time working week, only 3 days will work;

- Mixed - reduces both the duration of the working day (shift) and the number of working days a week. For example, an employee instead of 5 working days for 8 hours will work for 3 days to 5 hours. When working under conditions of incomplete working time, the employee's payment is made in proportion to the time spent or depending on the work performed by him.

For your information. Work on conditions incomplete working time Does not entail any restrictions on the duration of the annual main paid vacation, the calculation of labor experience and other labor rights.

In what cases is injected by part-time time?

The labor code is established a circle of persons, on the written statement of which the employer is obliged to establish a part-time mode. These include:

- Pregnant women;

- one of the parents (guardian, trustee), having a child under the age of 14 (a disabled child under 18);

- people who 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 of the Russian Federation;

- Women who are on child care leave.

The last item in some employers is disagreement: they believe that they have the right, and not obliged to introduce part-time work on women on child care. However, it is not. Employers are obliged to introduce such a mode of operation of the specified category of employees, and that is why.

Note. Note that not only the mother, but also the father of the child, grandmother, grandfather, another relative or guardian, which actually carries out the child (Article 256 of the Labor Code of the Russian Federation) is right to establish incomplete working time.

For a period of childcare leave for the employee, the place of work is maintained (position) by virtue of Art. 256 TK RF. Since the legislator provides a woman's right to choose, go to such a vacation or not, it can get out of it at any time, and the employer is obliged to provide her for the previous place of work. Once the woman wished to interrupt vacation and work on part-time conditions, the employer cannot put her condition about work only during a full working day. Otherwise, she is lost by the right to receive benefits on state social insurance - that is, such a requirement the employer worsens the position of the employee compared to the established labor legislation, therefore violates the norms of the Labor Code of the Russian Federation and, when applying for workers in the work, it will be obliged to establish its incomplete working time.

For more proper regulation of labor, women in incomplete working time can be focused on the current Resolution of the USSR State District Committee, the CPS Secretariat of 29.04.1980 N 111 / 8-51. Regulations on the procedure and conditions for the application of labor of women who have children and working part-time, approved by the specified decree, provides for general and special legal standards providing women more favorable conditions To combine the functions of maternity with professional activities and participation in public life.

However, the employer can enter part-time on their own initiative. In particular, Art. 74 of the Labor Code of the Russian Federation provides such an opportunity when the reasons associated with the change in organizational or technological conditions of labor (changes in the technique and technology of production, structural reorganization of production, etc.), may entail a massive dismissal of workers.

To preserve jobs in this case, the employer may introduce a part-time / change regime (shift) or an incomplete working week, and this should be done with the opinion of the elected body of the primary trade union organization. The procedure for taking into account this opinion is established by Art. 372 TK RF.

Note! With a threat of mass dismissal, part-time hours can be administered for up to six months (part 5 of Art. 74 of the Labor Code of the Russian Federation).

Before making a decision on the introduction of part-time work, the employer must direct the project of a local regulatory act establishing the term and type of incomplete working time, as well as the category of employees for whom this regime (and justifications on it) are introduced into the electoral body of the primary trade union organization, representing interests of all or most workers.

The trade union no later than five working days from the date of receipt of the draft specified local regulatory act directs the employer a motivated opinion on it in writing. If the opinion of the trade union does not contain agreement with the Local Act's project or contains proposals for its improvement, the employer may agree with it or is obliged within three days after receipt of the opinion to conduct additional consultations with the workers' trade union in order to achieve a mutually acceptable solution.

If the agreement has not been reached, the disagreements arising from the protocol, after which the employer has the right to accept local normative act. Then he can be appealed to the relevant state labor inspection or to court. In addition, the trade union has the right to begin the procedure of a collective labor dispute in the manner prescribed by the TC RF.

Cancellation of a part-time working day (shift) or an incomplete working week was previously the deadline for which they were established, and taking into account the opinion of the election body of the primary trade union organization.

And what about those who do not agree to work on the terms of incomplete working time? The answer gives Part 6 of Art. 74 TC RF: If the employee refuses to continue working in a part-time work day (shift) and (or) of an incomplete working week, the employment contract is terminated in accordance with paragraph 2 of Part 1 of Art. 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

The procedure for introducing part-time working time at the initiative of the employer will consider in.

How to make part-time The employee is interested in many employers who have not previously encountered this procedure. In practice, the sequence of actions in the introduction of an incomplete day does not cause serious difficulties. We will tell about it in more detail in the article Next.

Part-time

The legislator clearly determines that the time during which the employee's responsibility includes the performance of work. At the same time in Art. 91 of the Labor Code of the Russian Federation it is indicated that the normal work time is not more than 40 hours a week. Since the parties have the right to determine which mode of operation will be installed for an employee, if necessary, or by his application, the employer has the right to establish a part-time time (day or week) mode.

Despite the fact that the legislator is bypassing the interpretation of the term "incomplete working time", it can be concluded that it refers to it, in which the duration of the work turns out to be less than it is determined by the legislator in the general case. The legislator allows you to introduce part-time or reduce the number of days in the week and reduce the number of working days a week with a decrease in the duration of the day. The employer can choose one of these options and offer its employee in response to the corresponding willing of the latter.

Below we will look at the procedure for introducing a part-time labor regime and according to the employee, and on the initiative of the employer.

How is the execution of part-time at the request of the employee?

On your desire to reduce the duration of the workflow, the employee is obliged to inform the employer by submitting an appropriate statement. The legislator does not approve the sample of the document, so the application is written in arbitrary form. In the text of the document, it is necessary to specify the reason for the transfer to such a schedule and clarify what it is necessary to reduce - a day or a week.

In art. 93 TK RF The legislator clarifies which categories of employees the head of the enterprise is not entitled to refuse to reduce the duration of the workflow. These include:

• pregnant employees;
• employees who care for sick relatives (if such care is needed in accordance with medical conclusion);
• parents (more precisely, one of them), caring for children, which was not 14 years old (if we are talking about a disabled child - 18 years old);
• persons on child care leave.

After making a decision on changing the employee's work schedule, the employer is an order of this. Its form and content are also not approved by the legislator, so the head of the enterprise forms it in writing with a mandatory indication:

• the period during which the schedule is assumed;
• the duration of the working day and the week;
• final schedule for employee, etc.

The next step is to make an employer of changes to the employment contract with the employee through the preparation of an additional agreement. In the document it is advisable to reflect all the information that was set out in the order.

It is also important to remember that the employer's responsibility includes familiarization of a citizen with an order and an additional agreement under the signature. If it is necessary to achieve a compromise on the issue of changes in the work schedule, negotiations can conduct.

How to arrange an employee for part-time at the initiative of the employer?

In art. 74 Tk of the Russian Federation The legislator provided for the possibility of adjusting the working conditions of a citizen by his employer if such changes are determined by organizational or technical changes in the labor process. At the same time, the previous mode of operation is not preserved and when the working conditions change can occur by mass dismissal of employees, and therefore the legislator allows for the possibility of establishing a part-time regime for employees for a period of not more than 6 months.

On the establishment of a part-time mode, the employee is notified 2 months before it is introduced. This mode is introduced by order with which the employee is familiarized by the signature. With the rejection of the conditions, the working man can express his disagreement and make a separate document about this, but this will entail the initiation by the employer the procedure for the dismissal of the employee in connection with the reduction of state. Important conditionThe employer must observe: the introduction of such a regime should not change the conditions for the work of the employee in the direction of deterioration compared with the rules listed in labor and collective agreements, agreements, local acts.

If the employee is transferred to an incomplete day at the initiative of the management of the organization, the employer's duties include the direction of notification to the employment service that the employee has been set by the part-time mode. This is done no later than 3 business days from the date of decision: in an arbitrary form, a notification is drawn up, which contains information about the employee in respect of which the mode is introduced, and the period of administration and the schedule of the citizen is introduced. A copy of the order is applied to the notification.

IMPORTANT! The fact that the employee has passed on an incomplete day on the basis of an additional agreement, notify the employment service is not required (the letter of Rostrud dated 17.05.2011 No. 1329-6-1).

So, the order of execution of an employee for an incomplete day varies somewhat depending on which the transition procedure is initiated. The design is quite simple and should not take a lot of time.

One of the common methods of saving financial resources of the organization is to transfer personnel to an incomplete work schedule and as a result, a decrease in salary costs. This approach is more loyal than the massive reduction in the state. In the article, we will consider how the translation is carried out at part time on the initiative of the employee and the employer, what an order and how to make an order.

It is incomplete is the service time with a weekly duration less than 40 hours. This question Regulatting Convention No. 175 of 06/24/1994 and the provision of the State Protection Service No. 111/8-51 of April 29, 1980 (hereinafter referred to as the position).

Transition to incomplete labor mode n initiative worker

An employee can affect the manager to establish an incomplete working period. Worker need to write a statement and get the director's consent.

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

1. Reduction of the number of working hours in every day of the labor week;
2. Reducing working days in the week while maintaining their normal duration;
3. The combination of paragraphs 1 and 2.

In a statement, an employee indicates one of the above items, the duration of the labor day, the duration of the period and the date of establishing a new schedule.

According to the standards of Art. 93 TK RF Director must establish an incomplete labor regime by the following employees:

• Pregnant;
• Parent (guardian) of a child up to a 14-year-old or disabled child up to 18 years of age;
• A person taking care of a sick relative according to medical conclusion;
• Mother caring for a child up to 1.5 years.

The head is not entitled to refuse the specified categories of persons. A negative solution can be challenged in court.

According to an employee, the Director discusses the conditions of incomplete schedule with him. The corresponding changes are made by agreement to the Agreement. Make up 2 copies of the document, sign it both sides.

The laws of the Russian Federation do not provide for restrictions on the number of working hours with incomplete labor schedule.It should be distinguished by incomplete working hours from the abbreviated. Their main characteristics are reflected in the table.

Part-time transition on the initiative of the employer

The incomplete schedule can be entered when taking a job as a job or subsequently. In order not to reduce the staff, which is a time-consuming and expensive procedure, the leaders prefer to resort to the incomplete labor time regime. It does not require special expenses, but obliges to adhere to the norms of law.

The director may at its initiative to introduce incomplete labor regime to avoid mass dismissal of personnel in the following cases:

• Changed machinery and production technology;
• In production introduced scientific research and design development;
• There was a reorganization of the structure of production;
• Replaced company profile;
• New methods of control, planning, production management are used;
• Advanced jobs in view of certification.

The head must inform about his intention to the trade union and take into account his opinion.

The Director sends a draft order to introduce a new schedule to the trade union committee. It indicates the term, type of incomplete regime, the category of employees, justifying their translation. For five days, the trade union is preparing and presents a written response.

If consent is not achieved, the head has the right to approve the order, and the trade union is to contact the labor inspection, the court or resort to the collective labor dispute on the rules established by law.

The maximum term of applying a part-time work time on the initiative of the manual is 6 months ( h. 5 tbsp. 74 TC RF).

2 months before the entry into force of the order, the Director is obliged to report personnel on the change in the labor regime and the causes of this.

The work of a citizen is paid in proportion to the time spent or made work. Consequently, the costs of salaries are reduced.

The work on incomplete schedule is included in the work experience, does not affect the duration of the next vacation and does not cancel other labor guarantees.

Typical error.An incomplete schedule is not simple.

With the introduction of an incomplete labor week, some employers consider lowered days a downtime and pay them.

Simple is a forced suspension of the company's work or its divisions for certain reasons. It is possible within the borders of business days and does not apply to the weekend.

The transition to an incomplete week means the emergence of additional weekends. They are not paid.

Step-by-step instructions for incomplete working days on the initiative of workers and employer

If the desire to work on incomplete graphics comes from the employee, the order of its translation will be as follows:

Step 1. Adoption of a statement from the employee.

Step 2. Registration of the order.

Step 3. Registration of the Supplementary Agreement.

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

Step 1. Preparation of the Project of the order.

Step 2. Coordination of the intention with the trade union.

Step 3. Acquaintance of personnel with changes in labor schedule.

Step 4. Publishing an order to establish an incomplete mode.

Step 5. Notification of the Center for Employment.

The message must be submitted in writing for three days of the decision date. Failure to fulfill this obligation is punishable by a fine. For the head, its size is 300-500 r., For the organization - 3,000-5 000 r.

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

Typical error.Failure to submit statistical reporting.

Entering incomplete labor mode, many managers forget to submit relevant information to statistical authorities: ⊕.

He is obliged to pass the organization (except for small business) with the number of employees over 15 people. The data is submitted quarterly to the 8th of the month following the reporting quarter.

Order on establishing a new labor regime

When establishing an incomplete labor regime, an order is published. It does not have a typical form.

The document reflects the following data:

• The basis of translation with reference to the Article Tk of the Russian Federation;
• Type of graphics;
• Duration of the working day and lunch break;
• The period of the innovation;
• Divisions (employees) to which the new mode applies;
• Procedure for calculating earnings;
• Payment methods.

Signatures put a leader, chief accountant, specialist in the personnel department and employee.

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

Particularities of incomplete graph are shown in the table.

Salary calculation at part-time

In terms of incomplete schedule, the salary is charged taking into account the employment of the employee or the amount of tasks performed. The amount of compensation and stimulating payments is reduced in proportion to the salary.

Example. Calculation of earnings in incomplete labor day

From October 1, 2016, the employee of LLC "Revysry" A. S. Vaskin was installed schedule: five days 7 hours a day. With ordinary chart, it worked 40 hours a week. Vaskin took a vacation in October at his own expense for 2 days.

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

In October, on the usual schedule 21, a working day, respectively, 168 hours (21 * 8). The employee worked 133 hours (19 * 7).

The premium is established based on the financial capabilities of the enterprise, and does not depend on the salary.

So, for October, the salary is calculated in the amount of 34 062, 50 r.

If a citizen works an incomplete week, then its earnings are calculated so:

Salary for an incomplete week \u003d salary / number of days for full schedule * spent days.

The remaining surcharges consider from the resulting salary size.

Middle earnings for the accrual of leave and compensation unused, benefits at the expense of social funds are determined in the traditional order (with t. 139 TC, Resolution No. 922 dated December 24, 2007, Resolution No. 375 of 15.06.2007).

Features of translation

Labor rights of persons working in incomplete regime are equal to the rights of the remaining workers. For example, they also have a reduction in pre-holiday working day for 1 hour, weekend is provided for the care of a disabled child.

According to paragraph 14, the position in the experience that shapes an additional vacation in the part-time chaff mode includes days spent in harmfulness no less than 50% of the day of the standard schedule.

If the position of an incomplete schedule person belongs to the vacancy with an abnormal day, then an additional vacation is made to him when working for an incomplete week full day. With other incomplete charts, a person cannot work on above the norm.

Mother (relative, guardian), caring for a child up to 1.5 years, can work part-time or at home. Social allowance she still gets ( h. 3 tbsp. 256 TK RF.). Hospital is charged and paid according to the generally accepted rules.

Questions and Answers about the transition for incomplete working hours

Question number 1. Do I need to install a lunch break, if it works for 4 hours a day?

An incomplete schedule employee is endowed with the same rights as the staff with the usual labor regime. It is laid a lunch break from 0.5 hours to two duration, which does not apply to the working time.

Question number 2. Do the right partners have an incomplete chart?

The full-time partner is 4 hours. The law does not set the minimum number of the clock that a person must work out in case of incomplete mode. The director may establish a partner incomplete schedule in the reorganization of the production structure, changes in its technical and technological components, for other reasons, without violating the provisions of Art. 74 TK RF.

Question number 3. The young man seventeen works 35 hours a week. Is this mode for it incomplete?

For persons from 16 to 18 years old, labor activity cannot be more than 35 hours weekly. For young men, the time worked by them has a normal duration. Its graph is considered not incomplete, but abbreviated.

Question number 4.. How to deal with those who refused to work on incomplete schedule?

Clarification contains part 6 of Art. 74 TK RF: employees are dismissed to reduce state ( p. 2 art. 81 TC RF).

Question number 5.In the organization, an incomplete working week was introduced due to the threat of large-scale dismissal. Six-month term expires. When you can enter a similar schedule again, but not for everyone, and some employees?

You can enter an incomplete schedule again at any time, but from the moment I get acquainted with the relevant order must pass 2 months. In addition, it is necessary for the consent of the personnel for the next translation.

The reason for the introduction of an incomplete chart can be indicated, referring to paragraph 1 Art. 74 TK RF. For example, the introduction of modern technology. It must have a documentary confirmation (commodity overhead, contracts, invoice, reports of heads of structural units, etc.).

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