Part-time or. Changing the employment contract. How does part-time work affect wages and vacations?
incomplete work time This is a type of working hours. There is no specific definition of this concept in the Labor Code of the Russian Federation, but in Part 1 of Art. 93 states that by agreement between the worker and the employer, both at the time of employment and in the future, part-time work, that is, a smaller number of working hours, can be established.
What it is
The Labor Code of the Russian Federation tells us that there are several options for organizing work in this mode, namely, the employer can:
- reduce the duration of the shift - on all working days of the week;
- reduce the number of days while maintaining the standard length of the working day or shift;
- reduce both the number of hours and the number of working days per week.
The decision on a reduced day can be made by the management of the enterprise (with the threat of mass layoffs, for example); the employee himself can also ask for it.
One of the options for reduced working hours is the so-called part-time work - we wrote about how to draw up a contract in this case in a separate article (there is also a sample contract there).
Who to install
- pregnant woman;
- one of the parents or guardians, trustees who have a child under 14 years of age or a disabled child under 18 years of age;
- caring for a sick family member (a medical certificate of the established form is required).
Woman being on maternity leave Art. 256 of the Labor Code of the Russian Federation has the right to work, but not all day: this will allow her to remain entitled to insurance benefits. But there are times when a mother is forced or prefers to go to work, and the obligation to look after the child is shifted to other family members: the father or even grandparents. In this case, they can also receive benefits and work part-time.
The procedure depends on who is the initiator
Part-time work week at the initiative of the employee or part-time work at the initiative of the employee is introduced on the basis of his application. If, prior to filing the application, the employee did not provide the employer with documents on pregnancy or the presence of a child under the age of 14 (a disabled child under 18), they will have to be submitted along with the application.
A more difficult case for a personnel officer is the situation when a part-time work week is introduced at the initiative of the employer or part-time work at the initiative of the employer. There are cases when, for reasons related to changes in organizational or technological working conditions, conditions employment contract cannot be saved. Then it is permissible to change them, with the exception of changes in the labor functions of the employee. If the conditions have changed so much that the company is faced with a choice: either lay off more than 50 people per month (read more about the criteria for mass layoffs in the article), or still try to keep jobs - the employer has the right to introduce a shortened day, shift or incomplete week for a period up to 6 months. In this case, it is important to fulfill two main conditions:
- There have been changes in organizational or technological working conditions. According to paragraph 21 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2, the employer is obliged to provide evidence that the change in working conditions is caused precisely by the restructuring of technologies or the organizational structure of production. Otherwise, the transfer to a different work schedule is illegal. And such a reason as heavy financial position enterprises, disrespectful and is not a reason.
- There is a threat of mass layoffs.
AT Art. 82 of the Labor Code of the Russian Federation the criteria for mass layoffs are determined in industry and (or) territorial agreements. If there are no such sectoral agreements for the organization, see Decree of the Government of the Russian Federation dated February 5, 1993 No. 99 “On the organization of work to promote employment in conditions of mass release”.
Only in the presence of one of these two conditions, the employer can make changes to the duration of the work of his employees.
How is it paid
According to Art. 93 of the Labor Code of the Russian Federation, when working on a reduced time basis, payment is made in proportion to the working time or depending on the volume performed. It is necessary to take into account the procedure for calculating the norm of hours worked for certain calendar periods, depending on the established working hours per week. At the same time, according to the Letter of Rostrud dated 08.06.2007 No. 16196, the amount of wages when a reduced regime is established should be reduced regardless of the wage system, be it the official salary or the tariff rate.
How to write in an employment contract
The procedure for concluding a contract, as well as its form, is the same as for full day, and incomplete, is compiled in an arbitrary form. At the beginning of the document, the parties who conclude an agreement with each other are indicated. Further, the subject of the transaction is prescribed, the subsequent paragraphs should contain the obligations and rights of the parties. It is also necessary to indicate the period of work, i.e. specifically the number of hours.
Further, the conditions for payment of wages and forms of liability in case of violation of this agreement are determined. And at the end it is indicated in what cases and how amendments can be made and how it will be terminated. At the very end, the details and signatures of the parties are drawn up. Additional items may be added depending on the specifics of the activity.
Under certain circumstances, employees may work part-time. The minimum part-time work is determined by the employer and is not legally established.
Part-time work may be provided for in an agreement between the employee and the employer. At the same time, the employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation.
The duration of part-time work for this category of workers is not limited to a minimum amount and in practice is set taking into account the wishes of the employee and the actual terms for performing a certain labor function by him during work.
Under such conditions of work, the employee is paid in proportion to the hours worked. All social guarantees for the employee are preserved. That is, he also has the right to annual paid leave, sick leave, etc.
Reduction of working hours can occur both at the initiative of the employer and at the initiative of the employee. By the employer - in case of a change or reduction in the production process. On the part of other categories of workers - under any other conditions expressed in their statements, which will seem to the employer quite weighty.
Minimum part-time work
The Labor Code does not establish a minimum working time, only a maximum of 40 hours per week. Therefore, in situations requiring the transfer of workers to part-time or part-time working week The employer himself sets the length of working hours.
This occurs in cases where, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.), the terms of the employment contract determined by the parties cannot be fulfilled.
About upcoming changes this case the introduction of part-time work), the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than 2 months, unless otherwise provided by the Labor Code.
When the reasons mentioned above may lead to mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of the Labor Code for the adoption of local regulations, to introduce a part-time work regime (shift) and (or) part-time work week for up to 6 months.
If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated due to downsizing. At the same time, the employee is provided with appropriate guarantees and compensation.
Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.
In cases where the employer takes such a step to avoid mass layoffs, this duration can even be one hour per day. At the same time, due to the fact that the employee switches to special working conditions, his monthly wage may be less than the minimum wage. That is, the employer does not pay the employee up to the minimum wage if the salary calculated in proportion to the hours worked is less than this norm.
Note. The employer can set any length of part-time work.
Too little part-time work: the consequences
Depending on the specific production conditions, other working hours may be established. Based on the working conditions and the performance of a certain function (for example, teaching), the duration of part-time work can be, say, 2-3 hours a day or 1-2 days a week.
For failure to comply with the obligation to notify the employment authority, it is possible to be held liable in the form of a fine:
- for an organization - in the amount of 3,000 to 5,000 rubles;
- for the head - in the amount of 300 to 500 rubles.
As recommendations on the duration of working hours, it can be noted that it is best to set such working hours for employees so that they have time to fulfill the necessary labor functions and at the same time did not feel the infringement of any rights.
A. Hong,
Chief Accountant of the NAECO GMK Group of Companies
Article review:
B. Chizhov,
deputy head of business department
case management Federal Service for work and
employment, state adviser of the Russian Federation II class
*(1) Art. 92 and 93 of the Labor Code of the Russian Federation
*(2) Art. 93 of the Labor Code of the Russian Federation
*(3) Art. 91 Labor Code of the Russian Federation
*(4) Art. 74 Labor Code of the Russian Federation
*(5) Clause 2, Part 1, Art. 81 of the Labor Code of the Russian Federation
*(6) Art. 423 of the Labor Code of the Russian Federation
*(7) p. 8 post. State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated April 29, 1980 N 111 / 8-5
The current version of Art. 93 of the Labor Code of the Russian Federation with comments and additions for 2018
By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Commentary on Article 93 of the Labor Code of the Russian Federation
1. Part-time work is the performance of work on the terms of working hours less than those established by law, regulatory documents.
________________
Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. M.: INFRA-M, 2006.
An employee may carry out his official duties in the part-time mode in two cases:
- if there is an agreement between the employee and the employer;
- in without fail due to legal requirements.
Two types of part-time work can be set:
- part-time work week;
- part-time work.
The employee and the employer, by mutual agreement, decide which type of part-time work to give preference.
The main condition for the implementation of part-time work in the first case is the achievement of an agreement between the employee and the employer, fixed in writing by the signatures of both parties and which is an integral part of the employment contract concluded by the parties earlier.
In cases where the part-time work regime is established for the employee immediately upon employment (for example, part-time work), this is prescribed in the employment contract concluded by the parties, and an additional agreement is not required.
2. In addition, the legislator has established cases where the employer is obliged to establish part-time work for an employee:
- for pregnant women. For this category of employees, the employer is obliged to establish a part-time working week or part-time working day in accordance with the request of the employee. At the same time, the number of working hours is determined by the woman based on her well-being. Note that labor law there is no minimum threshold for part-time work in such a case. Thus, the choice of the number of working hours per shift or working day or working week is made by the employees themselves, and the employer can only satisfy such a request. It is obligatory to express such a request of a pregnant woman in writing. It seems that when applying for the establishment of a part-time work regime, a pregnant woman must submit relevant documents confirming the state of pregnancy, although this is not directly indicated by the legislator. The remuneration of such an employee will be carried out by the employer in proportion to the hours worked during the month, which is not any restriction or discrimination. In addition, in this case, the calculation of benefits for pregnancy and childbirth according to general rule is calculated in the amount of 100% of her average earnings (Article 11 of the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"). Thus, the smaller the number of working hours, the smaller the amount of benefits a pregnant woman will be able to receive in the future;
- in relation to parents, guardians or trustees who have a child under the age of fourteen (a disabled child under the age of eighteen). Legal status 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 guardianship and guardianship". Disabled children are persons from among the disabled under the age of eighteen (see the Federal Law "On social protection disabled people in the Russian Federation).
Attached to the application of the said employees on giving them the opportunity to perform their duties in the part-time mode are the following: child's birth certificate; a document confirming the relationship (for parents) (for example, an adoption certificate); a document confirming the right to exercise guardianship or guardianship; documents confirming that the child has a disability.
In this case, wages are paid to employees also in proportion to the time worked by the employee;
- in relation to employees who, due to established family and life circumstances caring for a sick family member. In this case, the specified category of employees must be attached to the written application and submit to the employer documents confirming that their family member needs constant care in accordance with the medical report. The procedure for issuing an appropriate medical opinion is established by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n "On approval of the procedure for issuing medical organizations certificates and medical reports.
It seems that in all cases when an employee is given a part-time work regime based on the employee’s application, the employer must issue an appropriate order or instruction to establish an appropriate regime for a particular employee, indicating the duration of the work shift, working day or working week.
An important circumstance of performing part-time work, regardless of whether such a regime is established by agreement between the employee and the employer or on the basis of a written application from the employee, is the provision of full-fledged annual paid leave to employees. Restriction of the annual basic leave by the legislator is prohibited.
In addition, it is prohibited to restrict the length of service, as well as any other labor rights for employees exercising their official duties in part-time mode.
Another commentary on Art. 93 of the Labor Code of the Russian Federation
1. Part-time working time is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established by the given employer.
2. Part-time work can act as a part-time work week or part-time work (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week. Moreover, working hours can be reduced by any number of hours or working days without restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.
3. Part 1 of the commented article defines the circle of persons whose requirement to establish part-time work is mandatory for the employer. The employer is also obliged to satisfy the request of the disabled person for part-time work, if the individual program of the disabled person recommends working hours less than those established by law (Article 224 of the Labor Code).
The rest of the employees require the consent of the employer to establish part-time work.
4. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see Art. 74 of the Labor Code and commentary to it.
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Sometimes the employer, taking into account the specifics of the activity, does not require employees for the whole day. And he takes employees with their consent for part time. It can be both main workers and part-time workers. Yes, and the employee may have circumstances in the presence of which he is required to establish part-time.
Drawing up a time sheet for part-time work requires compliance certain rules. Such a day is marked in the report card under the code "NS" or "25", the choice of the code is at the choice of the employee.
Who is legally entitled to part-time
There are a number of cases that allow the transition to a part-time job, when the employer cannot refuse:
The mother of a sick child is entitled to part-time work
Payment Features
Salary for part-time is accrued: either for the time actually worked, or for the volume of products produced (Article 93 of the Labor Code of the Russian Federation).
The method of payment is reflected in the employment contract. Based on the main provisions, the calculation of the wages due to an employee working in this mode is carried out.
An example of calculating the salary of a part-time worker
Loader A.N. Seregin, an employee of Alma LLC, was transferred to part-time work. Seregin's monthly salary is 35,000 rubles. Let's calculate how much he will receive with a part-time work week and a day.
1 calculation option. From October 1 to November 30, 2016, the working week is 4 days.
October calculation:
In October - 18 working days instead of 22.
Salary for October: 35,000: 22 x 18 = 28,636 rubles.
November calculation:
In November - 17 working days instead of 21
Salary for November: 35,000: 21 x 17 \u003d 28,333 rubles.
Option 2 calculation. From October 1 to October 30, 2016, Seregin works part-time for 6 hours a day, instead of 8.
October calculation:
In October - 22 work. day. For a full-fledged shift, this is 176 slaves. hour. (22 x 8 = 176 hours).
For part-time- 132 workers hour. (22 x 6 = 132 hours)
Salary for 1 working hour: 35,000: 176 = 198.86 rubles.
Seregin's salary for October:
198.86 x 132 = 26,250 rubles.
Salary is calculated in proportion to hours worked
Reduced Mode
The reduced regime is established on the basis of the mutual consent of the subjects labor relations, its main aspects are reflected in the document (agreement, contract, agreement) (Article 320 of the Labor Code of the Russian Federation).
Provisions of the Labor Code of the Russian Federation on a reduced working day (week)
The following articles of the Labor Code of the Russian Federation regulate the relationship between the employer and the employee in terms of reduced time:
In what cases can a shortened day be set at full employment
The eve of the holiday is a preparatory day, so its shortened version is an opportunity to prepare for the celebration. This norm is established at the state level and is mandatory.
If the company has specifics, in which it is not possible to reduce the pre-holiday day by at least 1 hour, this time is compensated by additional days off or monetary compensation.
When the air temperature is above normal, the working day is shortened or stopped
With a 6-day working week, the day before the holiday lasts 5 hours.
There are situations when the duration of working hours is influenced by factors that go beyond the limits of sanitary requirements. On the various enterprises there are specific conditions, for example, increased temperature regime. If the norm from +21 to +28 degrees is exceeded, for every half degree of excess, a reduction of 1 hour is required. For example, an atmosphere with a temperature of +30 degrees provides for a reduction to 5 hours of the working day. The maximum norm is +32.5 degrees Celsius. At temperatures above this limit, work is prohibited.
Who is eligible for a reduced day
Not every enterprise provides a reduced weekly rate within 36 hours. Sometimes the specifics of work require other approaches, for example, in shift mode, summarized accounting is used. Every second week is reduced by one paid day.
Reduction of working hours is provided for certain categories, the list is presented in the Labor Code of the Russian Federation:
In addition to these, there are several more categories, the reduced operating time of which is legalized by separate Federal Laws. refers to workers employed in manufacturing plants. chemical weapons, physicians associated with the care of HIV-infected, tuberculosis patients, etc.
Video: working conditions and rights of people with disabilities
Remuneration and social guarantees
For workers in a reduced regime, there is a guarantee in the form of legislation (for example, Article 320 of the Labor Code of the Russian Federation), which provides one hundred percent wages. In many of the cases described above related to the reduced regime, the full amount of the salary and all types of additional payments provided for by the Labor Code of the Russian Federation and the labor agreement are retained, as in the case of a full working regime. The work experience is maintained.
The calculation of wages and deduction of taxes for this category is carried out in the same way as in the full mode.
Registration of reception and transfer of employees to a reduced regime
During the operation of the enterprise, situations may arise when it is necessary to introduce an abbreviated regime:
Reflection of the reduced regime in the employment contract
If the majority of persons in the preferential category work in the state of the enterprise, the reduced working hours should be reflected in the labor contract or the Internal Labor Regulations. The document provides a list of positions subject to a reduced regime and the amount of reduced time.
All terms and conditions of the employment contract are individual
How to transfer a full-time employee to reduced work
If it is necessary to transfer an employee from a full-time to a shortened working day, it is necessary to act in the following sequence:
Sample order for the transfer of an employee to a reduced working day
The order is issued in a standard form, it must indicate the personal data of the employee and the features of the mode of operation.
The standard form of the order is drawn up when hiring or transferring an employee to a shortened working day
Pregnant women: part-time or shortened day
With pregnant women, mistakes in interpretation are often made when they consider that such women are entitled to a shortened day. There is a fundamental difference here: pregnant women are allowed only part-time on their own initiative. In this case, the salary will be reduced on a proportional basis in relation to the hours worked and the average hourly earnings.
For this reason, pregnant women rarely use this opportunity, and when the doctor strongly advises and if the underpayment for unworked hours for a woman is not too big loss. This mode allows you to reduce unwanted loads.
Sample application for transfer to part-time due to pregnancy
Chief Editor
regional newspaper "Novosti Plus"
Melnikov R.P.
from correspondent
Aleshina I.P.
Statement
I am asking from 06/01/2015 to 09/30/2015 to transfer me to a part-time job (seven-hour working day) due to pregnancy.
I am enclosing a medical certificate.
May 28, 2017 Signature
Women with small children - features of the work schedule
A shortened working week is used for working mothers of children up to 1.5 or 3 years old. Their total working time per calendar week cannot exceed 36 hours. It is worth noting that the shortened working week under Art. 260 of the Labor Code of the Russian Federation is equated to full, which means that a young mother will not be paid a monthly allowance for caring for a child.
The most acceptable option would be to go part-time (up to 30 hours a week). The payment of the child care allowance continues and wages will be paid in proportion to the hours worked or depending on the amount of work performed. At the same time, the remaining time of parental leave remains in the asset of the young mother, and she can continue it at any time. To do this, a simple application addressed to the director of the enterprise will suffice.
Establishment of a part-time job
Part-time work can be introduced at the initiative of an employee or employer, on a temporary or permanent basis, on an individual basis or in relation to a team.
Introduction of an incomplete rate by the employee and at the initiative of the employer (director)
Changes to the mode of operation can be made by all subjects labor agreement. The introduction of part-time work, as a rule, is initiated by the employee if he needs a lighter load. He needs to write an application with a request to change the duration of work. Having approved such a decision, the management issues an order.
The order to establish part-time work may be individual
However, there are times when the initiative comes from the employer. This happens, for example, in connection with a decline in production at the enterprise. In order to prevent mass layoffs, the management comes out of the situation and offers its employees to switch to part-time work, and be sure to give 2 months' notice of this (Article 74 of the Labor Code of the Russian Federation).
In this case, a single order is issued. Here, the opinion of employees is no longer taken into account. If someone disagrees, he is subject to dismissal automatically (clause 2, part 1, article 81).
In connection with the production need, part-time work can be introduced for the entire team. agreements may vary Cancellation of operating mode changes
The process of terminating the part-time work regime occurs according to the reverse algorithm of introduction. If, for example, the order was the basis, then an order is issued to cancel it and return the full regime. If an addendum was signed labor contract, therefore, it is necessary to accept a new addition.
As a result of the discussion of issues on changing the working regime, it should be noted that for almost each of them there is an article of the labor code or another act. However, in practice, not everything and not always happens within the legal framework, which can eventually lead to labor disputes. An employer who does not comply with legal regulations runs the risk of being sued in court. It should be noted that the legal literacy of modern citizens has grown significantly, most of them know their rights and know how to protect them.
The reduced working regime differs from the incomplete one and is established for the purpose of social protection of certain categories that need it. Part-time work is a convenient tool for managing production processes to stabilize work and get out of the difficult economic situation. In the future, this will help to establish production and achieve better results.
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Part-time work is considered special mode work in which the working hours are less than normal, that is, less than 40 hours a week (Article 91 of the Labor Code of the Russian Federation). Even if each working day is 12 minutes less than for other workers (Decree of the Federal Antimonopoly Service of the Urals District of December 10, 2008 No. F09-9217 / 08-C2 in case No. A71-2756 / 08).
When paying in such conditions, the employer often has questions. They are connected with the fact that many confuse part-time and reduced working hours (table below). How to calculate the temporary disability benefit for an employee who has a part-time job? Is it necessary to reduce the average daily earnings in proportion to working hours when calculating vacation pay? How is overtime paid for a part-time worker?
Comparative characteristics of part-time and reduced working time
Part-time work for a new mom
It is not uncommon for an employee who is on parental leave, without interrupting it, with the consent of the employer, to work on a part-time basis. At the same time, she retains the right to receive benefits for caring for a child up to one and a half years (part 2 of article 11.1 of Law No. 255-FZ). The law does not set limits on the reduction of working hours under which a young mother is entitled to such a payment (Article 93 of the Labor Code of the Russian Federation).
However, the territorial branches of the FSS of Russia may not accept the childcare allowance for offset if the working day is reduced by only a few minutes. Because, according to the Foundation's specialists, such time cannot be considered incomplete. Although the courts are of the opposite opinion (FAS decision Far Eastern District dated September 19, 2012 No. F03-3632/2012 in case No. A51-3233/2012, decision of the Federal Antimonopoly Service of the Urals District dated December 10, 2008 No. F09-9217/08-C2 in case No. A71-2756/08).
When setting part-time work for a woman who is on parental leave, it is safer to listen to the recommendations of the FSS of Russia. In case of part-time work, the working day (shift) should be shorter normal duration 1 . And the duration of the working week is more than 20-24 hours with a five- and six-day week, respectively.
For an employee who works part-time, the employer has the right to establish an irregular working day (Rostrud letter dated April 19, 2010 No. 1073-6-1)
Part-time work for part-time workers
The employer has the right to apply the part-time regime not only for the main employees, but also for part-time workers who work part-time. This means that part-time work for a part-time worker can be two or three hours a day. Total working hours worked per month may not exceed half monthly rate working hours established for key employees (Article 284 of the Labor Code of the Russian Federation). Minimum number of working hours per week Labor Code does not establish (part two of article 91 of the Labor Code of the Russian Federation). Consequently, part-time workers can be set for an incomplete day or week with payment in proportion to the hours worked (Article 285 of the Labor Code of the Russian Federation).
Imagine that a woman, while on parental leave for up to a year and a half, works part-time at her main job and takes a part-time job in another organization (Article 282 of the Labor Code of the Russian Federation). Together, she will work more than 40 hours a week at two jobs. In this case, she also retains the right to receive state social insurance benefits (Article 13 of the Federal Law of May 19, 1995 No. 81-FZ). This is allowed, since the law does not require taking into account the total working time of the employee at the main place and part-time. This does not affect the right to receive child care allowance up to one and a half years. Moreover, the employee can choose at which place of work to receive such a payment (parts 2–2.2 of article 13 of the Law of December 29, 2006 No. 255-FZ).
Does the work schedule affect the procedure for calculating vacation and sick pay?
When calculating vacation pay, it is not necessary to reduce the average daily earnings in proportion to working hours. To pay for vacation, the employee’s earnings for the last 12 calendar months and the time actually worked by him are taken into account in full (paragraphs 4, 12 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).
Temporary disability allowance for part-time work is accrued for all calendar days for which a certificate of incapacity for work has been issued. The amount of the allowance is affected by the length of service of the employee and his average daily earnings (Articles 7, 8, 14 of the Federal Law of December 29, 2006 No. 255-FZ, clause 16 of the Regulation approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375).
How many days an employee works during a week only matters in one case. When, according to the results of the calculation average earnings for full calendar month turns out to be lower minimum size wages (minimum wage) established on the day of the onset of the disease. Then it is calculated based on the minimum wage. At the same time, the value of the minimum wage is reduced in proportion to the length of working time. For example, if an employee works for four hours, then you need to take 0.5 minimum wage (part 1.1 of article 14 of the Federal Law of December 29, 2006 No. 255-FZ).
When calculating sick days, on which the employee did not work on a part-time schedule, consider them as ordinary days off (clause 5 of the Regulation approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922)
Example
Watchman Mikhail V. works at Garage LLC on a part-time basis 6 hours a day, 5 days a week, which is 0.75 of the official salary. According to staffing the full-time salary is 28,000 rubles, and for 0.75 rates - 21,000 rubles. (28,000 rubles x 0.75). Mikhail has been working in the organization for four years, his insurance experience is 9 years. Temporary disability of Mikhail V. occurred in 2013. Number of days of disability 7. The average earnings for 2011 and 2012 will be: 690.41 rubles. (21,000 rubles x 12 months x 2 years) / 730 days). Mikhail has more than 8 years of insurance experience, so disability benefits are due in the amount of 100 percent of average earnings.
Thus, the amount of temporary disability benefits will be: 4832.87 rubles. (690.41 rubles x 7 days).
How to pay for a business trip
When sending an employee on a business trip with part-time work, the proportional payment rule established by Article 93 of the Labor Code does not apply. For days spent on a business trip, an employee is charged average salary, which is calculated according to the general rule (clause 4 of the Decree of the Government of the Russian Federation of December 24, 2007 No. 922). At the same time, the size of the per diem allowance issued to an employee also does not depend on the mode of his work. After all, per diems are not wages, they are paid in full (Articles 167, 168 of the Labor Code of the Russian Federation, clause 11 of the Regulations approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).
For a part-time worker, calculate the salary in proportion to the time worked in a particular month (Article 93 of the Labor Code of the Russian Federation)
Example
Viktor M. works at Volga LLC. Since January 9, 2013, he has been given a part-time working week from Monday to Thursday. From December 2 to December 5, 2013, he was sent on a business trip for four working days. The billing period is the last 12 months (from December 1, 2012 to November 30, 2013). There are no excluded periods (vacation, business trip, sick leave, idle time, etc.). Victor's salary - 30,000 rubles. per month. In December 2012, he was credited with 30,000 rubles. for 21 working days. From January 1, 2013 to November 30, 2013 - 265,468.30 rubles. for 181 working days. Thus, in total for the billing period, Victor's earnings amounted to 295,468.30 rubles. (265,468.30 rubles + 30,000 rubles).
The amount of the average daily salary for the billing period is 1462.71 rubles. (295,468.30 rubles : 202 days). Thus, for four days of Viktor M.'s business trip, the payment will be 5850.84 rubles. (1462.71 rubles x 4 days).
If the business trip falls on a day off of a part-time working week, then it should be paid in the amount of a double salary (Article 153 of the Labor Code of the Russian Federation, clause 5 of the Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, when an employee who has a working week from Monday to Thursday goes on a business trip on Friday (his day off).
Benefits and guarantees for part-time employees
Employees with part-time work enjoy the same labor rights as those who have normal working hours (part three of article 93 of the Labor Code of the Russian Federation). So, regardless of the mode of operation and the length of the working day, employees work one hour less on the pre-holiday working day (Article 95 of the Labor Code of the Russian Federation, clause 1 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n). In this case, such a day is paid in full. If it is impossible to shorten the pre-holiday day (for example, in a continuously operating organization), then processing is compensated by additional rest time or paid as overtime work (part two of article 95 of the Labor Code of the Russian Federation).
In the case where a part-time employee actually works all day, hours worked at the initiative of the employer in excess of the established regime are overtime work. They are paid at an increased rate (Article 152 of the Labor Code of the Russian Federation, letter from Rostrud dated March 1, 2007 No. 474-6-0).
Is part-time work included in the special length of service for early retirement
Part-time working hours are counted in the length of service as full-time working hours. An exception is employees who are entitled to an early old-age pension (clause 2 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (hereinafter referred to as Rules No. 516)). The length of service that gives the right to an early appointment of an old-age pension includes periods of work performed constantly for a full working day, provided that insurance premiums are paid to the Pension Fund for these periods. A part-time employee will not lose special seniority, provided that he worked part-time, but full-time due to a reduction in production volumes (clause 6 of Regulation No. 516).
By agreement of the parties to the employment contract, the employee, both at the time of hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.
The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for mandatory establishment part-time work, and the mode of working time and rest time, including the duration of daily work (shift), the time of the beginning and end of work, the time of breaks in work, is established in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Comments to Art. 93 of the Labor Code of the Russian Federation
1. The term "part-time work" covers both part-time work and part-time work. With part-time work, remuneration is made in proportion to the hours worked, with piecework pay - depending on the output.
Part-time workers enjoy the same labor rights, as workers for whom a working day of normal duration is established.
The commented article does not limit the circle of persons for whom the introduction of part-time work is allowed.
Recommendation N 182 of the ILO "On part-time work" (1994) contains recommendatory norms for the employer. According to the Recommendation, "part-time worker" means an employee whose normal hours of work are less than the normal hours of work of full-time workers in a comparable situation.
2. The length of working time for a particular employee may be determined by an individual labor contract. In such situations, it is not allowed to increase the working time in comparison with the maximum norms established by law, but it is possible to reduce it by mutual agreement of the subjects (parties) of the employment contract. The law does not prohibit the parties to an employment contract from agreeing to work on a part-time basis both at the conclusion of an employment contract and subsequently (i.e. during its validity period). Part-time work with proportional pay may provide for, by mutual agreement of the parties, a reduction in working time by any number of hours or working days.
Part-time work is established at part-time jobs, as well as in cases where the organization provides for a part-time salary rate in the staffing table.
3. Part-time work may not only be established, but also canceled by agreement of the parties to the employment contract. The initiative to introduce part-time work comes primarily from the employee, and the employer may grant his request, as long as the production process is not disrupted.
In cases where there are changes in the organization of production or technological process, the initiative to transfer to work on a part-time basis may come from the employer, about which he is obliged to notify the employee 2 months in advance, since it means a change essential conditions labor.
4. The legislation provides that in certain cases, if the employee expresses his will, the employer is obliged to establish a part-time work for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under the age of 14 (a disabled child under the age of 18) or a person caring for a sick family member in accordance with with a medical opinion. Persons with disabilities are also entitled to part-time work. Medical recommendations on the establishment of part-time work for disabled people are mandatory for the employer (Articles 11 and 23 of the Law "On the Social Protection of Disabled Persons in the Russian Federation").
5. Part-time employees are entitled to full annual leave, as well as study leave. Working hours are counted in their seniority as full time. They are entitled to receive a bonus for the work performed, which is accrued on a general basis. They are given holidays and holidays in accordance with the TC and the shift schedule. AT work books employees are not recorded that they performed part-time or part-time work.
6. When establishing part-time work, remuneration is made in proportion to the time worked without additional payment. At the same time, the employee is not entitled to demand remuneration in the amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have fulfilled the full working norm. In this part-time work differs from reduced hours of work. Part-time work is used in various ways.