Special order on the transition to a regular schedule from a reduced one

Cases of assignment of part-time work

The Labor Code specifies that parties may request the establishment of part-time work. This applies to all groups of workers and firms. For example, such an initiative is often taken by an employee who is undergoing training. At the same time, it is important to understand that there is a certain category of citizens for whom the company’s management is obliged to establish such a labor regime. The basis is a request received from a citizen.

Including:

• a woman who is pregnant;
• a citizen in whose care there is a child under the age of fourteen or a child with disabled status;
• a person caring for an elderly or disabled relative;
• a relative of the child who takes care of him until the baby reaches 3 years old;
• those who undergo distance learning in graduate school.

In order for a citizen to have a part-time work regime established, he will need to write an application and reflect in it:

• working hours;
• the type of part-time used;
• the day from which the transfer is made.

This document must be accompanied by written confirmation that the person has grounds to request the establishment of a part-time day. For example, this is a certificate issued by the doctors of the antenatal clinic or a certificate of incapacity for work of a relative of an employee. This act can also only be obtained from representatives of medical organizations.

When an employee requests part-time work

A certain sequence of actions is provided in this situation. The citizen will need:

• form an application (the act is written in free form, since there is no developed form);
• submit the document for review by the employer;
• with the consent of the company’s management, an additional agreement to the employment contract is drawn up;
• transfer to part-time work is carried out.

In this case, the management of the enterprise must take into account the provisions of Article 256 of the Labor Code of the Russian Federation, which specifies the categories of persons who cannot be denied the establishment of the labor regime in question.

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.

Part-time work at the initiative of the employer

The head of the company can take the initiative to establish a part-time day. In this case, certain conditions must be met:

1. Issuing an order to introduce a new labor regime at the enterprise. You need to create such a document at least a couple of months before changes occur.
2. Send notices to all employees. This must also be done 2 months in advance.
3. Obtain consent from employees to work in this mode. The notice must indicate that in case of disagreement, the person must write a statement before a specific date. This means that the will of the citizen is expressed in writing.
4. Article 74 of the Labor Code of the Russian Federation indicates that the period for introducing this regime is limited. It cannot be more than six months. Payment is made in accordance with actual hours worked.
5. If the parties cannot agree, then the employee has the right to write a statement of termination of the employment relationship.

Do I need to notify the employment service about the transition to a part-time work week?

M.K. Basharina, author of the answer, consultant at Askon

QUESTION

In connection with the coronavirus epidemic, from April 1, 2020, the company established a part-time working regime for a period of 6 months with payment in proportion to the time worked. It was stated in the order: in connection with the decrease in production intensity caused by the coronavirus epidemic and reaching an agreement with the workers. The workers don't mind. A four-day work week was established. Additional agreements with employees were signed.

Do I need to notify the Employment Center?

We did not notify the employees 2 months in advance. Will this be considered a violation?

Is it possible in our working conditions to transfer some of the employees to remote work? Those. Can an employee work part-time and work remotely at the same time?

ANSWER

There is no need to notify the employment service if a part-time working schedule is established for employees by mutual consent. The obligation to inform the employment service about the introduction of this regime arises only after the employer has made a decision to introduce a part-time working regime.

If employees agree to work part-time, there is no need to comply with the two-month notice period.

An employee can work remotely on a part-time basis by signing these working conditions in an additional agreement to the employment contract.

JUSTIFICATION

Article 93 of the Labor Code of the Russian Federation provides that, by agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently.

If the employee agrees to work part-time, enter into an additional agreement with him to the employment contract (paragraph 6, part 2, article 57, article 72 of the Labor Code of the Russian Federation).

In accordance with paragraph 2 of Art. 25 of the Federal Law of April 19, 1991 N 1032-1 “On Employment of the Population of the Russian Federation”, when introducing a part-time working day (shift) and (or) part-time working week, as well as when production is suspended, the employer is obliged to notify the authorities in writing employment service within three working days after the decision is made to carry out the relevant activities.

According to the official position of Rostrud, reflected in Letter dated May 17, 2011 N 1329-6-1, when establishing a part-time working regime by agreement between the employee and the employer on the basis of Art. 93 of the Labor Code of the Russian Federation, it is not required to notify the employment service authorities.

Arrange for the employee to be transferred to remote work from home, if you have such an opportunity, and you and the employee agree to this. Decide for yourself who will switch to remote work first (depending on your production needs).

Transferring an employee to remote work is not a basis for reducing his wages (this is not provided for by law and may entail risks for you). The only thing is that you can agree with the employee that he will work part-time, then pay him for his work in proportion to the time worked (volume completed).

Reduced working hours upon hiring

A company can reduce working hours at the stage of hiring a person. This is stated in the employment agreement. It is important to understand that, by law, the duration of working hours is limited for certain categories of citizens. Including:

• for persons under 16 years of age – no more than 24 hours per week;
• if the employee is between 16 and 18 years of age, then no more than 35 hours;
• when it comes to disabled people of the first two categories - also no more than 35 hours.

Persons who work in hazardous or hazardous industries can work up to 36 hours per week. If a person does not agree with the established work schedule, an employment contract is not concluded.

Sample application for part-time employment

The first step is writing an application. It is addressed to the first person of the company.

An application for a part-time job (a sample can be downloaded below) must contain the following items:

• full name of the company, employee details;
• a clearly expressed desire for employment;
• requirement to set a partial schedule.

Here you will find the application form.

Picture of the document for reference:

Example below:

Mandatory order for part-time work and its sample

The legislation does not have a developed form for drawing up an order. This document helps solve the following problems:

• confirms the position of the parties in the event of a labor dispute;
• takes into account changes in the work schedule;
• necessary for calculating wages;
• required in companies when a pass system is installed.

The content of the act depends on which party took the initiative to make the transition. Familiarization with the act is mandatory. Citizens put their signature on it.

You can fill it out here:

Sample of a completed order:

Payment for part-time work

Under this regime, payment is made in proportion to how much the employee works. For example, if an employee works 2 days in a week instead of 4, his earnings will be reduced by half.

In the accounting sheet, non-working time is noted by using the symbol B, which indicates a day off. If a citizen is involved in work outside of working hours, this is considered as overtime for performing work duties. Payment for these hours is made in double amount. These provisions are spelled out in Article 152 of the Labor Code of the Russian Federation.

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.