The work of hired workers in different spheres of economic activity requires completely different schedules of their involvement in the work process. If office workers work, as a rule, under conditions of a five- or six-day work week, then, for example, the service sector requires a completely different regime. A schedule is drawn up for each employee, which may include night work, shifts, and “floating” days off. In the meantime, it is impossible to draw up a schedule, guided only by the own wishes of the employer and employee - there are a lot of rules that are enshrined in labor legislation.

Time worked is the basis for remuneration for employees with a time-based condition for payment

Labor law obliges the employer to keep strict records of working time for each employee, because it is for time (with the exception of rather rare cases of piecework) that payment for work occurs. The labor regime is determined first of all by law, and secondly by the employer in agreement with the trade union and the employee, the rules for the distribution of time. The Labor Code of the Russian Federation contains a section devoted to working time, a separate chapter of which (Chapter 16) regulates this particular regime.

Working time according to the Labor Code of the Russian Federation can be represented by several types of duration: normal, shortened and incomplete. In addition, special varieties include night work, overtime work, and work with the possibility of irregular days. The main difference between part-time and short-time working hours is their payment - the first means payment in proportion to the hours worked, the second - regardless of the hours worked. Night and overtime work are paid at an increased rate; irregular working hours are, as a rule, compensated for by additional days of the annual vacation period.

Elements of the working time regime are those positions that, in accordance with the law, must be determined when forming a regime for each worker. Among these main positions, the Labor Code of the Russian Federation names:

• duration (number of working days) of the week (for example, five-day or six-day, incomplete, indicating the number of days, etc.);
• the presence of a condition on irregular working hours;
• duration of daily work - the number of hours of a working day or shift with an exact indication of their beginning and end, time frames for breaks;
• number of shifts per day;
• rules for alternating working and free days (for example, “two working days after two days off”, etc.).

How and by what documents the labor regime is determined

The work schedule for each individual employee must be discussed with him in advance - when concluding an employment agreement. In general, according to the organization in the context of structural divisions or positions, the working hours are determined in the internal labor regulations.

PVTR is a local regulatory legal act of an organization that defines the main points of the relationship between a team of workers and the employer - rules for hiring and terminating labor relations, powers and obligations of the parties to an employment agreement in the process of work, general conditions regarding the working time regime, etc. PVTR are approved by the employer in agreement with the trade union organization, each employee must be familiarized with this document in writing when concluding an employment contract.

In the PVTR, the working time regime of an organization can be reflected by:

• establishing the duration of the work week and specific daily work time frames for certain groups of positions (for example, “For departments: Management, Human Resources Department, Legal Service, Accounting, Office - a five-day work week, the beginning of the working day is 8:00, the end of the working day day - 17:00, break for rest and food - from 13:00 to 14:00");
• establishing for certain positions the condition of an irregular working day, indicating the amount of compensation in the form of additional days (at least three) of vacation in accordance with Art. 119 of the Labor Code of the Russian Federation (for example, “For positions: Director, Deputy Director, driver - an irregular working day is established with compensation in the form of 4 days of additional vacation period annually”);
• establishing a work schedule for individual departments and positions (for example, “For the sales department, a work schedule is established in compliance with labor standards for a five-day, 40-hour work week”);
• establishing a summarized accounting of working time for individual positions (for example, “For the position “Seller”, a summarized accounting of working time is established, the accounting period is a quarter”);
• establishing a flexible work schedule, night (equated to daytime) work schedule, shift schedule, dividing the working day into parts for certain categories of workers (for example, “For the position “Cashier”, a shift work schedule is established, in which the third shift, falling at night, is equivalent to to daytime working hours").

The employment agreement must contain a section dedicated to the working regime. For employees whose position involves working a regular schedule of five or six days a week, the agreement specifies the exact work schedule. For those who will work according to a schedule, with cumulative accounting, with irregular working hours, with part-time working hours, with the day divided into parts, etc., these circumstances must be reflected in the specified agreement. Cases of establishing an unspecified working time regime are illegal; such a violation may entail liability for the employer under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation with all the ensuing consequences (fines and other sanctions).

A section on working hours must be included in the contract

How to establish new regime rules in an organization: procedure and documents

If an employee becomes familiar with the already existing regime for a particular position when being hired by signing an employment agreement and marking the reading of the PVTR, then changing the current regime is somewhat more complicated.

The decision to change the PVTR can be issued in the form of an order

The procedure is as follows:

1. To begin with, the manager must make an informed decision about for which positions or structural units new rules are being introduced.
2. Then, in accordance with all the rules for changing the local regulatory legal acts, the corresponding changes are made to the PVTR (the project must be agreed upon with the trade union within five days, then signed by the manager).
3. Based on the amended PVTR, each employee affected by the changes is warned of changes in essential working conditions (notice must be handed in against signature no later than a month before the order is issued). In case of refusal to continue the employment relationship under the changed conditions, the employee must be dismissed upon expiration of the notice period.
4. Within the prescribed period (a month after notifying employees), an order is issued for the enterprise to change the regime for specific employees (at this stage they must be listed by name). Each employee gets acquainted with the order by signing it.
5. On the day the administrative document is issued, an additional agreement to the contract is concluded with each employee, changing the terms of the working time regime.
6. From the date specified in the additional agreement and order, a new regime begins to operate with its new documentation (for example, with the drawing up of schedules).

Work schedule as a document regulating daily individual work schedule

The work schedule is one of the most important documents for organizing the work of those employees who do not work according to the general (production) calendar. Thus, the daily schedule regulates the time of coming to work, leaving work, break times, and even the workplace assigned to the employee.

The schedule is usually drawn up for one month, however, this period is not regulated by law. Therefore, depending on the circumstances and characteristics of the production process, the document can be drawn up for a week, a quarter, or a year.

The schedule, as a document, can be drawn up:

• simultaneously for all employees of the enterprise;
• for employees of one structural unit;
• for a certain group of employees from different structural divisions;
• separately for one employee.

Form and symbols

In the shift schedule it is enough to indicate only the shift designation

When summarizing accounting, the schedule must contain columns reflecting the amount of hours per month, per quarter (depending on the accounting period)

The process of drawing up and approving the schedule

The procedure for drawing up and approving a schedule in an organization can be regulated either by a local regulatory legal act or by order of the manager. Persons responsible for maintaining, approving and approving documents are determined by designation in these documents and the inclusion of a corresponding item in the job description.

As a rule, the schedule is drawn up by the person responsible for this in the structural unit (department, service), endorsed by the head of the structural unit, a representative of the personnel department and the trade union, approved by the head of the enterprise or his deputy in charge of the relevant area of ​​activity.

The schedule can be drawn up either manually (using standard Office tools with output on paper) or in specialized software systems (for example, 1C: Personnel and Salary, SAP, etc.).

Schedule requirements

When drawing up a work schedule, the employer is in a situation where it is necessary to comply with a lot of rules, requirements and interests. First of all, these are the requirements of labor legislation that protects the rights, interests and even health of the employee:

1. The duration of daily work should not exceed those established by Art. 94 of the Labor Code of the Russian Federation limits (special limits are established for minor employees, disabled people, workers in harmful unsafe conditions).
2. The number of working hours per week should not exceed the norm according to the production calendar (40 hours as a general rule). For those who have been assigned summarized accounting for an accounting period, it is mandatory to comply with the standard hours for this accounting period (quarter, month, etc.).
3. Shifts that are predominantly night shifts should be reduced by 1 hour.
4. After a shift lasting more than 24 hours, an equal or greater rest period is provided.
5. If the employee does not have a condition for dividing the working day into parts, his lunch break (or the sum of several during the day) should not last more than two hours.
6. The minimum lunch break is 30 minutes. It is obligatory to establish daily, if the agreement of the parties and the PVTR does not provide for the employee to eat food in parallel with work. Lunch break is not paid.
7. It is prohibited to work during two shifts following one another.
8. Hours that fall during an employee's illness or vacation are also included in his monthly (quarterly) rate. In other words, the employee is not required to make up the hours actually missed to normal.
9. The limits established by Art. 99 of the Labor Code of the Russian Federation for overtime work (no more than four hours in a two-day working period, no more than one hundred and twenty hours per year), etc.

Of course, when creating a schedule, the operating mode of the enterprise, workload standards, and the interests of the employee himself are taken into account.

Employee familiarization

The employer is obliged to familiarize employees with the work schedule no later than one month before the day it comes into effect - this is a direct requirement of Art. 103 Labor Code of the Russian Federation. Violation of this deadline may result in administrative liability.

To avoid violating the requirements of the law, you should start drawing up a schedule no later than one and a half months before the start of the accounting period. For example, the schedule for December should be drawn up before October 15 in order to have time to coordinate, approve and familiarize all employees with it (after all, some of them at the time of familiarization may be on vacation or on sick leave, but this circumstance is not an excuse in case of violation of the deadlines for familiarization ).

How to change the established work schedule

Since the work schedule is established by agreement of both parties to the labor relationship, any of them can initiate its change. Changing the regime (as a more general, permanent concept) on the initiative of the employer is described in the section on establishing a labor regime at the enterprise. A change in the schedule, as a one-time event or an incident affecting one employee, occurs:

• or by adjusting an already drawn up schedule (document), if a work schedule has been established for the employee;
• or by amending the employment agreement - if the employee works according to the regime fixed in this document (that is, according to the normal production calendar).

In the first case, the scheduler, at the request of the employee or on his own initiative (due to production needs), draws up a corrective schedule, endorses and approves it according to the usual procedure for preparing this document.

You can change the working hours either for a group of employees or for one of them (for example, at his request due to family circumstances)

In the second case, at the request of the employee, an order is prepared to change the work schedule - this is enough if the schedule changes for up to two weeks. If the period of change in the working regime is longer, it is necessary to conclude an additional agreement to the contract.

I have a higher legal education, experience working in court, a bank, and an enterprise. Despite the fact that my main specialization is criminal law and procedure, all of my professional activities are related to business law, starting from personnel issues and ending with lending problems. For a long time I have been writing reviews of foreign and domestic media on business topics.

Changing working hours begins with an order to change the working hours. We will look at a sample document in the article. We will also tell you what to do if employees refuse innovations and whether it is possible to change working hours on the initiative of the employee.

The organization's working hours are approved by a local act. All newly hired employees must familiarize themselves with it and sign it.

A change in working hours can be initiated by both the employer and the employee. Or be carried out by their mutual consent. Accordingly, changes can affect both the entire team as a whole and individual employees or departments.

Order to change working hours at the initiative of the employee

In most cases, amendment of the working time schedule at the initiative of the employee is possible only by mutual agreement with the employer. Of course, there is no need to notify the employee in advance. He himself offers new conditions that suit him. But even in this case, the employer is obliged:

• obtain the employee’s written consent to such changes (application);
• sign an order to change the working hours for the employee (sample below);
• draw up and sign an additional agreement.

All of the above does not apply to employees from preferential categories. As already mentioned, these are:

• pregnant women and women with young children;
• parents of children, including disabled children;
• employees caring for sick relatives.

You just need to remember that wages in this case will be different. It will be proportional to the operating time. But such a regime will not affect vacation in any way (Article 93 of the Labor Code).

Women with children under 1.5 years of age may ask to change their working hours in terms of breaks (Article 258 of the Labor Code). In particular, increase their duration in order to be able to feed the child. The employer, as in the previous case, is obliged to meet halfway and establish additional breaks.

The employer insists on adjustments

The employer has only one good reason to change the working hours of his employees by his own will. This is an adjustment to working conditions: organizational or technological (Article 74 of the Labor Code). In this case, the need to change the terms of the employment contract and working hours in particular will have to be justified. It is simply impossible to do this at the request of the employer. There is no exact list of reasons in the Labor Code. But an approximate list is given in Resolution of the PVS No. 2 of March 17, 2004:

• change of leadership;
• new forms of work organization;
• changes in labor standards;
• introduction of new technologies or equipment;
• improving jobs;
• development of new products, etc.

Order to change working hours (sample)

Procedure for changing working hours

The order in which corrections are implemented depends on which documents contain the current regime. There are three possible options here:

• for the entire organization the working day is the same and its schedule is fixed in the PVTR;
• a uniform working day for the entire organization is prescribed in the PVTR and in each employment contract;
• The individual working regime for the employee is specified only in his employment contract.

How to make corrections to PVTR

Labor regulations (LSR) are one of the local documents of the organization. The procedure for accepting it and making amendments is regulated by Art. 190 TK. It provides for mandatory consideration of the opinions of employee representatives. This is logical, given the direct interest of each employee in changing his work routine.

PVTR may be an annex to the collective agreement. But this is not a prerequisite. In this case, any adjustments made are made in the same manner as the signing of a collective agreement (Article 44 of the Labor Code). The employer and employees participate equally in this process.

The new edition of the work rules is approved by the order to change the working time schedule, which must be familiarized to all employees. There is no need to ask employees for their consent separately. The very procedure for correcting PVTR already presupposes taking into account their opinions. It is expressed by a trade union or other body elected by employees.

Changes in individual working conditions

If the beginning and end of the working day, as well as breaks, are included in the employment contract, then they are considered as its conditions. It does not matter whether they coincide with those contained in the PVTR. Their change will occur in the same way as any other conditions.

Labor legislation prescribes that the employee’s consent must be asked for any amendments to his working conditions (Article 72 of the Labor Code). Working hours are no exception. Consent must be expressed in writing. An agreement on changing the working time regime is added to the employment contract.

What to do if employees do not agree

A change in the working day initiated by the employer may cause a negative reaction among employees. The number of dissatisfied people plays an important role in the further development of events. And the position of the trade union, whose opinion the employer is obliged to take into account.

If one person disagrees

An employer’s change of working hours does not happen overnight. It is necessary to comply with a number of rules provided for in Art. 74 TK. The procedure will be as follows:

1. Issue an order to introduce changes and introduce them into the PVTR. This must be done in advance. One of the points of the order will be to notify employees. This must be done two months or more before the changes take effect. In addition, you must first obtain the consent of the trade union committee.
2. Notify employees. This is not done simply by familiarizing yourself with the order and signing it. Each employee affected by the introduced amendments is given a written notice. If the employee refuses to receive it, then the text can be read aloud to him and a statement about this can be drawn up. For absent employees (vacation, sick leave, business trip), notification is sent by registered mail.
3. Get a response from employees. Usually they write about their agreement or disagreement directly on the notification form. Or such a document can be prepared separately. The consent to work in the new regime is kept in your personal file.
4. Terminate employment relationships with disagreeing employees. The contract is terminated due to the employee’s refusal to work in the new conditions, in particular in the new labor regime (clause 7, part 1, article 77 of the Labor Code).
5. Conclude additional agreements with employees who agree to change their working hours.

If the union does not agree

The law prescribes making changes to the PVTR subject to one small formality - taking into account the opinion of the trade union. If this elected body considers that measuring the work schedule infringes on the rights of the workforce, it will give a reasoned refusal. This will be followed by additional consultations (Article 372 of the Labor Code).

If in this case the parties do not agree, then the employer can, of course, approve his version of the PVTR by order. But workers in such a situation have the right to protect their interests. The result will be a collective dispute which, in the worst case scenario, will lead to a strike.

Changing the operating mode of an organization: order (sample)

From this material you will learn how to draw up an order on the operating hours of an organization (a sample is provided). We'll tell you how to set up a full-time job for a part-time employee.

The regime of working hours and rest time is one of the mandatory conditions of the employment contract provided for in Article 57 of the Labor Code.

An employer can change an employee’s working hours:

• or with the consent of the employee- in the manner prescribed by Article 72 of the Labor Code. In this case, you need to draw up an additional agreement to the employment contract and issue an order;
• or unilaterally, notifying the employee in writing two months in advance, indicating the reasons for the need for change, in the manner provided for in Article 74 of the Labor Code. Then you will need to draw up an order on the organization’s operating hours (see sample below).

We will consider the documentation of unilateral changes in working hours in more detail.

When is it permissible to change the operating mode unilaterally?

The employer has the right to unilaterally change the employee’s work schedule when organizational or technological working conditions change, when the terms of the employment contract determined by the parties cannot be maintained. For example, if changes have occurred in production technology, in the event of a structural reorganization of production or for other reasons (Part 1 of Article 74 of the Labor Code of the Russian Federation).

Documentation of changes in operating mode

To change an employee’s work schedule, the employer needs to take certain actions and prepare a number of documents.

Notifying an employee about a temporary change in his work schedule. The employer must notify the employee in advance - no later than two months - of the upcoming temporary change in his work schedule.

The notification must indicate:

• the reason for the temporary change in the employee’s work schedule;
• rights and obligations of the employee during the notice period;
• the deadline by which the employee must make a decision;
• consequences of the employee’s consent or refusal to continue working under new conditions.

This will help avoid labor disputes in the future.

If for some reason the employee does not agree to change the work schedule, the employer may offer him another job (a vacant position corresponding to the employee’s qualifications, or a lower position, or a lower paid job), which the employee can perform taking into account his state of health (Part 3 of Art. 74 Labor Code of the Russian Federation).

If there is no other work or the employee refuses it, the employment contract is terminated in accordance with paragraph 7 of part 1 of Article 77 of the Labor Code. This procedure is established in Part 4 of Article 74 of the Labor Code.

Example 1
JSC Fortuna has a 40-hour work week. L.I. Parusova works part-time (6 hours a day, five-day work week).

Due to production needs, the employer plans to transfer L.I. from September 15 to October 15, 2014. Parusov full-time. How to notify an employee?

There is no unified form of notification of changes in the terms of the employment contract determined by the parties. The employer can draw up a document in any form (see sample 1 below)

Notification of changes in the terms of the employment contract (sample)

Employee's response. The employee can express his decision in a notice, if there is a special field for this, or in a separate document - an application (see sample 2 below).

Consent to change the operating mode (sample)

Example 2
Let's continue with the example. L.I. Parusova received a notification from her employer about a temporary change in her work schedule. In what form should she give him her answer?

The employee sent a written response to the employer in the application form (see sample 2).

Additional agreement on changing the terms of the employment contract. After sending a notice to the employee and receiving his consent, expressed, for example, in a statement, the employer must first enter into an additional agreement with the employee to the employment contract.

Example 3
Let's continue examples 1 and 2. L.I. Parusova works part-time. Due to operational needs, she agreed to work full time from September 15 to October 15, 2014. It is necessary to draw up an additional agreement to the employment contract with the employee.

The employer will formalize the change in the employee’s working hours by an additional agreement to the employment contract (see sample 3 below).

Fragment of an additional agreement to an employment contract (sample)

Based on an additional agreement to the employment contract, the employer needs to issue an order to temporarily establish full-time working hours for the employee.

Order on temporary change of operating mode. There is no unified form for such an order; it is drawn up in any form. Let's show with an example how to compose it.

Example 4
Let's continue with example 3. It is necessary to issue an order to temporarily change the operating mode of L.I. Parusova.

The employer will issue an order on the organization’s operating hours (sample 4).

Order on the organization's operating hours sample (sample)

How to pay an employee after changing his work schedule

Let’s figure out how an employee’s salary will change due to the fact that he is temporarily assigned full-time work, that is, the daily duration of work has been increased.

Overtime. According to Part 1 of Article 99 of the Labor Code, overtime is work performed by an employee at the initiative of the employer outside the working hours established for the employee (daily work (shift)).

When transferring an employee from part-time to full-time on the basis of an additional agreement to the employment contract, additional hours of work cannot be considered overtime.

If a company has a 40-hour workweek, working within 40 hours per week will not be overtime.

Transition to full timein the report card. In the working time sheet according to form No. T-12 or a form independently developed by the company, time spent working part-time is marked with the letter code “NS” or the number 25.

Example 5
Let's continue with example 4. Employee of OJSC Fortuna L.I. Parusova works for the company part-time (6 hours a day, five-day work week). The company has a 40 hour work week. Due to production needs, from September 15 to October 15, 2014, L.I. Parusova will work full time.

How should periods of part-time (6 hours per day, five-day workweek) and full-time (8 hours per day, five-day workweek) work be reflected on the September 2014 time sheet?

Duration of work of an employee of OJSC Fortuna L.I. Parusova in part-time working mode at the initiative of the employer in the report card in form No. T-12 will be indicated by the letter code “NS” or the number 25 (see sample 5).

Fragment of a time sheet: transition to full time

Salary after switching to full time. When an employee works part-time, payment for his work is made in proportion to the time worked. Let us show, using an example, how to calculate wages for the month in which the employee’s working hours changed in accordance with the additional agreement to the employment contract.

Example 6
Let's continue with example 5. Employee of OJSC Fortuna L.I. Parusova worked one part of September (10 working days) part-time - 6 hours daily, and the second (12 working days) - full-time - 8 hours a day. According to the production calendar, there are 176 working hours this month. The employee's salary is 23,000 rubles. per month. How much salary will she receive for September?

For the period worked part-time, the salary of L.I. Parusova is equal to 7840.91 rubles. (RUB 23,000: 176 hours × 10 work days × 6 work hours).

The salary for the period of full-time work will be 12,545.45 rubles. (RUB 23,000: 176 hours × 12 work days × 8 hours). In total, for September the employee will be credited with 20,386.36 rubles. (RUB 7,840.91 + RUB 12,545.45).

An order establishing part-time work (sample and form can be downloaded on our website) is an important document when introducing special working hours in an organization.

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Types of part-time work

The standard working week is 40 hours. For some categories of employees (disabled people, pregnant women, teenagers, etc.) it has been reduced. But in most cases the standards are met.

Operating time can be reduced in three ways:

• By shortening the work week, replacing some working days of the week with weekends.
• Reducing the number of hours an employee spends in the workplace every day. That is, you can shorten a separate working day.
• Reducing the number of hours per shift (if the employee works 24 hours).

By mutual agreement of the employee and employer, you can choose one of these options or combine them. There are no restrictions in this regard.

It should also be remembered that the order can be issued either indefinitely or for a certain period of time. For example, for the summer.

Components

The order establishing part-time work is quite simple. The information is located sequentially from top to bottom:

• Details of the organization, name and number of the document, date of signing. This data cluster makes up the header of the order. It is necessary to facilitate interaction with the documentation.
• Motivation. If this is the employee’s initiative, then the phrase is inserted: “In accordance with the agreement of the parties.” If the employer is the initiator, then he formulates his own reason for issuing the order for each case.
• Full name and position of the employee for whom part-time work is being applied.
• The number from which this mode is entered.
• Specific conditions, number of working hours, possibility of a break, etc. For convenience, they are described in separate paragraphs of the order.
• How to pay for labor: without changes or in proportion to the time worked (the second option is more common).
• Who is left to carry out the order?
• Basis for the order. This can be either a statement from the employee or a prepared additional agreement to the employment contract with the written consent of the employee himself.

The order establishing part-time work is always completed by the signature of the manager, as well as the signature of the employee to whom this special regime is applied. Without these “autographs” the order will not have legal force.

Initiative

Both the manager and the subordinate can demonstrate a desire to establish part-time working hours. In the case of a subordinate, the registration procedure itself will be easier, since there are fewer restrictions.

Establishment of part-time work at the initiative of the employee

The algorithm is as follows:

• The employee submits an application outlining his request in free form.
• The employer is considering it.
• An additional agreement to the employment contract is drawn up. If this is a newly hired employee, then the conditions are specified in the initially signed employment contract.
• The employee is transferred to part-time work by order.

At the same time, according to Article 256 of the Labor Code, the employer does not have the right to refuse this request to many categories of persons:

• If the employee is caring for a sick relative.
• If the employee is pregnant.
• If the employee has children under 14 years of age.
• If he has disabled children under 18 years of age and in a number of other cases.

Thus, there are a great many possibilities for determining part-time work at the request of the employee. The manager, by law, does not have the right to refuse an applicant if he attaches documents relevant to the case to the application.

Establishing part-time work at the initiative of the employer

If a special working time regime is established by the employer, then he must comply with a number of conditions:

• Issue an order establishing part-time work at least 2 months before the proposed introduction of part-time work.
• Notify employees immediately after issuing the order, no later than 2 months in advance.
• Make sure that employees agree to work according to the proposed scheme. To do this, it is worth issuing written notifications with a warning that in case of disagreement, a statement will be written no later than a specifically agreed upon period. That is, both the refusal and the employee’s consent must be expressed unambiguously and in writing.
• Such a special regime should not be established for more than 6 months, according to Article 74 of the Labor Code. After all, it is worth considering that wages are paid based on the actual time worked.

If an employee does not agree with the conditions offered by the employer, then he should look for a compromise. If this cannot be done, then the employment contract can be terminated in accordance with the second paragraph of Article 81 of the Labor Code.

Payment

Wages for reduced working hours are usually paid in proportion to the time worked. That is, if an employee works 2.5 days a week instead of 5, then his salary is reduced exactly by half. In the time sheet, all non-working days are marked with the code “B”, which means “day off”.

From the moment part-time work is established, engaging an employee to work at unspecified hours will be considered overtime. Such work must be paid double or triple (according to Labor Code standards). This is clearly stated in Article 152 of the Labor Code.

In short, when drawing up and signing an order establishing part-time work, there are many nuances that should be taken into account.

According to the Labor Code of the Russian Federation, the number of working hours cannot exceed forty hours per week. This duration is considered normal. There are also certain categories of workers whose norm is below the 40-hour mark. In labor practice, there is the concept of part-time work. It is established by agreement of the employees.

A part-time/part-time work week is agreed between the worker and the employer, in which it is possible to discuss and agree on almost any duration. To legally formalize such a regime, several documents must be drawn up.

Both the worker and the employer can take the initiative to introduce part-time work. There is a group of people to whom the employer does not have the opportunity to refuse such a request.

These include:

• pregnant women;
• parent of a child (or family member caring for the child) under 14 years of age;
• parent and guardian caring for a disabled child under 18;
• on leave to care for a child (either parent or grandparent/other guardian actually providing care).

All specialists who work part-time should be provided with the same guarantees that are provided to full-time workers.

Guarantees include:

• weekend;
• vacation;
• lunch breaks, etc.

Types of part-time appointments

Part-time initiative:

1. Employee initiative;
2. Employer initiative.

Partial day:

1. When hiring (the time is initially specified in the employment contract);
2. Transfer to part-time work (an additional agreement to the employment contract is concluded).

At the initiative of the employee during work

If such an initiative arises on the part of the employee, the employee writes a corresponding statement.

Application for establishing part-time working hours - sample for LLC:

It must indicate:

• desired length of day/week;
• type of part-time;
• the date from which a change in operating mode is required.

If there are grounds for which an employee cannot be refused, documentary evidence is required (sick leave for child care, pregnancy certificate, etc.)

Additional agreement to the employment contract on part-time work:

It states:

• the date from which the updated working conditions begin to apply;
• directly prescribed new working conditions;
• specific regime (length of the week, time of arrival and departure from work, breaks);
• consent of both parties.

One of the two agreements is given to the employee against signature, and the second remains with the employer.

Order on establishing part-time work - sample filling for LLC:

Order establishing part-time work

A document regarding the transfer of an employee to part-time work is drawn up on the basis of an order and application from the employee. The unified order form is not available in electronic form (there is no single sample).

But usually the order establishing part-time work indicates:

• date of transition of the employee to the new regime;
• specific employee regime;
• working hours;
• the time for which this mode is set (the expiration date of the introduced mode is indicated, or the transfer is made indefinitely);
• responsible person;
• signed by the boss, employee, and responsible person.

Transfer at the initiative of the employer

In a situation where an employee/employees are transferred to part-time work at the request of the boss, the validity period of such a regime cannot exceed six months.

Changes in working conditions in the organization and production technologies, which can lead to mass layoffs, can cause a reduction in staff working hours.

When a decision is made to transfer staff to reduced working hours, a order establishing part-time work.

Order establishing part-time working hours - sample for LLC:

The order states:

• reasons that led to changes in labor;
• a list of departments affected by this solution;
• period of validity of the transfer (maximum 6 months).

Order on establishing part-time working hours - you can download a sample form

Employees are notified in writing about signing this document.

The actual reduction in labor time can be introduced no earlier than 2 months after the order is issued and all employees are notified.

The notice states:

• information from the order;
• a condition according to which the employee is obliged to report disagreement within a fixed period.

You can find out how to correctly draw up an order for approval of the staffing table and download its sample

If some employees disagree, they can be fired. The boss must obtain a response (written agreement or refusal) from all employees. Information about the transfer is not recorded in the employee’s labor card or book.

If a partial regime is established, the employer notifies the changes in writing three days after the order is accepted.

Remuneration

In any order establishing a part-time day the regime is prescribed and

If a part-time work regime is established, the salary will in any case decrease. This situation is due to the fact that payment for part-time work is made in proportion to the time the employee works. Everything is related to the amount of work performed by the employee.

At the same time, part-time work does not serve as a basis for limiting the duration of paid leave, calculating length of service and other labor rights. Average earnings per day, which affects the payment of travel allowances, vacations and sick leave, are determined as always.

If an employee works more hours than he is entitled to due to a transfer, then the extra hours are considered overtime and are paid accordingly. Work on weekends with part-time work will also be paid at an increased rate.

What is deposited wages and in what order are they paid at the enterprise - read

Vacation and sick leave for part-time work

It is worth noting that in part-time mode, payment of vacation and compensation points in a situation where vacation time was not used, and the amounts of compensation are calculated in the same way as for the usual length of time. The fact of changing the period of working hours does not matter.

Thus, the average earnings associated with vacation pay in calendar days and with compensation payments for unclaimed vacation time will be calculated by dividing the entire actually accrued salary for the period of work by twelve, as well as by the number of calendar days (monthly average).

Is it mandatory for an enterprise to keep a working time log and what data should be reflected in it, you can read

If a part-time worker falls ill, his average daily earnings will be calculated in the same manner as other workers. So it will be calculated by dividing the entire amount of the billing period by the number of calendar days falling on the period.

Calendar days that did not fall during periods that are not taken into account when calculating average earnings will be excluded. Those days during which the employee worked part-time are calculated in full mode and with full payment.

When determining the amount of the benefit, the average amount of daily earnings is multiplied by the number of days when the employee was temporarily disabled, such days are subject to payment. And the working mode (part-time or non-native working week) cannot in any way affect the calculation of benefits.

To summarize, we note that you should not be afraid to switch to part-time work if you need it. In the event of a transfer at the initiative of the employer, be able to protect your rights and remember that the law is on the employee’s side.

What is an irregular working day and how to establish it at an enterprise, you can find out in this video interview: