“6 hours a day”: 7 professions with a shortened work week

Working hours

The working hours are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and for employees whose working hours differ from the general rules established by a given employer - by an employment contract (Article 100 of the Labor Code of the Russian Federation).
As a general rule, part-time work (shift) or part-time work week, both upon hiring and subsequently, are established by agreement between the employee and the employer.
When working on a part-time basis, the employee’s remuneration is made in proportion to the time he worked or depending on the amount of work he performed (Article 93 of the Labor Code of the Russian Federation).

Who is entitled to a shortened day according to the Labor Code of the Russian Federation?

Not every employee has the right to apply for work on a short-time basis. In some cases, management makes decisions based on production capabilities.

At the same time, categories of working citizens are identified who cannot be denied this request.

The standard working week is 40 hours, with 8 working hours per day.

These indicators must necessarily be reduced for certain categories of specialists working on an official basis. Among these it is necessary to highlight:

• minor working citizens whose age ranges from 16 to 18 years, as well as working teenagers under the age of 16. In this case, a shortened schedule is necessary to eliminate the likelihood of overwork and the impact of significant stress on the young body;
• workers working in hazardous production. Prolonged work in such conditions is fraught with the development of occupational diseases;
• teaching staff. The need to establish a specific work schedule is associated with high nervous tension and intellectual stress;
• female representatives engaged in agricultural work;
• disabled people of the 1st and 2nd groups. Justification of necessity – medical indications;
• employees who work in regions with special climatic conditions similar to those in the north.

The right of the listed categories of working citizens to work on a short-time basis is regulated by current legislation.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Company management does not have the right to force such employees to work on a regular schedule. Refusal to establish a reduced working schedule is a violation of the norms of the Labor Code of the Russian Federation.

This is important to know: What reason is indicated in the application for voluntary dismissal?

Duration according to the Labor Code

It was already mentioned earlier that the standard length of the working week is considered to be a period of 40 hours. This mark is also the maximum.

It can only be exceeded if an irregular schedule is established for workers or if they are required to work overtime.

With a shortened working day, it is assumed that the number of hours worked daily by the employee is less than the specified norm.

A more precise figure is determined depending on the category of employee:

• Employed minors under the age of 16 must not work more than 24 hours a week.
• Employed minors over the age of 16 must not work more than 36 hours a week.
• Employed persons with a disability of 1 or 2 groups should not work more than 36 hours a week.
• Workers working in hazardous or hazardous conditions must not work for more than 36 hours.
• Pedagogical specialists must work no more than 36 hours per week.
• Employees whose work is related to agriculture should not work more than 36 hours a week. A similar rule is established in relation to female workers working in remote northern regions.

Labor legislation provides for a reduced work schedule for medical specialists.

The maximum duration of their working hours depends on the characteristics of their work activity.

For example, employees employed in psychiatric institutions, as well as persons interacting with HIV-infected patients, should not work more than 36 hours per week.

Special conditions are also imposed for minors.

If a teenager studies and works at the same time, the duration of his weekly work activity should not exceed 17.5 hours.

Establishment of part-time working hours

So, the parties to an employment contract have the right at any time, upon reaching an agreement between them, to establish part-time working hours for the employee, in which the employee is paid in proportion to the time he worked.
In this case, it is necessary to conclude a written agreement with each employee for whom the working conditions are changing to change the terms of the employment contract determined by the parties (Article 72 of the Labor Code of the Russian Federation). It can indicate the time boundaries of the period for which part-time work is introduced, then after this period the employee will automatically return to his normal work schedule; otherwise, to return to the previous regime, the parties will need to draw up a new additional agreement canceling the part-time regime. The establishment of a part-time working regime at the initiative of the employer (unilaterally) is permitted on the grounds and in the manner provided for in Article 74 of the Labor Code.

In the event that reasons associated with changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons) may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected the body of the primary trade union organization (Article 372 of the Labor Code of the Russian Federation) introduce a part-time working day (shift) and (or) part-time working week for a period of up to six months (Parts 1, 5 of Article 74 of the Labor Code of the Russian Federation).

If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated due to a reduction in the number or staff of employees (part 6 of article 74, clause 2 of part 1 of article 81 of the Labor Code RF). In this case, the employee is provided with appropriate guarantees and compensation.

According to the authors, the employer has the right to establish a part-time working regime on his own initiative only if the following circumstances exist simultaneously:

• organizational or technological working conditions have changed (changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production);
• changes in organizational or technological working conditions carried out by the employer may lead to mass layoffs of workers;
• the establishment of part-time work is temporary (for up to six months) and is aimed at preserving jobs.

Judicial practice also draws attention to the presence of a combination of these circumstances as a criterion for the legality of the employer’s decision to introduce a part-time working regime ( appeal ruling of the Investigative Committee for civil cases of the Krasnoyarsk Regional Court dated November 10, 2014 in case No. 33-10461; determination of the Investigative Committee for civil cases of the Moscow City court dated September 14, 2010 No. 33-28594/10).

Obtaining employee consent

When introducing part-time work on the basis of Article 74 of the Labor Code, the employer is obliged to notify the employee in writing no later than two months of all upcoming changes and the reasons that caused them (Part 2 of Article 74 of the Labor Code of the Russian Federation).
Since with the introduction of part-time work, the terms of remuneration also change (Part 2 of Article 93 of the Labor Code of the Russian Federation), it is necessary to warn about this. After the warning period has passed, the new terms of the employment contract come into force unless the employee refuses to continue working under the new conditions (clause 4 of the section “Judicial practice in civil cases” of the Review of Legislation and Judicial Practice of the Armed Forces of the Russian Federation for the second quarter of 2010, approved. post of the Presidium of the Supreme Court of the Russian Federation dated September 15, 2010; appeal ruling of the Investigative Committee for civil cases of the Court of the Jewish Autonomous Region dated October 23, 2013 in case No. 33-496/2013). Failure to comply with the procedure for notifying employees about a unilateral change in the terms of an employment contract is a violation of labor legislation, for which the employer and its officials may be held administratively liable (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation; decision of the Voronezh Regional Court dated August 23, 2016 in case No. S 21-798/2016).

In addition, the employer is obliged to inform the employment service authorities in writing about the introduction of a part-time working regime within three working days after the decision is made to carry out the relevant measures (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1; p. 2 letters of Rostrud dated May 17, 2011 No. 1329-6-1).

Note that in a controversial situation, the employer is obliged to prove that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production, and did not worsen the situation employee in comparison with the terms of the collective agreement, agreement (clause 21 of the post of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

In practice, courts have different approaches to the issue of the legality of an employer introducing a part-time working regime due to the lack (or decrease) of work. In some cases, judges consider a reduction in the volume of work with a corresponding reduction in funding as a change in organizational working conditions, which, in their opinion, allows the employer to apply the rule of part five of Article 74 of the Labor Code (appeal ruling of the Investigative Committee for civil cases of the Trans-Baikal Regional Court dated October 6, 2015 in the case No. 33-4152/2015).

However, according to the authors, reasons of an economic nature, including a drop in production volumes, a decrease in the level of demand for the employer’s services, a lack of volume of work, the emergence of financial difficulties, are not associated with changes in organizational or technological working conditions, and therefore cannot be the basis for establishing a part-time working schedule for the employee in accordance with the norm in question. This point of view is also reflected in judicial practice (appeal rulings of the IC for civil cases of the Supreme Court of the Republic of Crimea dated 10/06/2015 in case No. 33-6481/2015, IC for civil cases of the court of the Jewish Autonomous Region dated 10/23/2013 in case No. 33- 496/2013, IC for civil cases of the Stavropol Regional Court dated 05/21/2013).

How to arrange a transfer for a short day?

If an employee needs to switch to a shorter working day, then to do this they need to fill out an application addressed to the employer explaining the reasons for this need.

Conditions for switching to a shortened day:

1. Notify management 2 months in advance.
2. The administration must be notified in writing. Based on the application, an order is drawn up for the employee.
3. Indicate the reason for which the need arose. The reason must be compelling with supporting documentation provided. For example, if patient care is needed, then you need to provide a certificate from the clinic.

Women can apply for a short day if the specifics of the enterprise allow it. According to the Labor Code, the manager is obliged to sign consent to the application of those who have the right to do so, if there are reasons prescribed by law:

1. The family has children under 14 years of age who do not attend preschool and require care.
2. Need to look after a sick family member.
3. If a woman works as a part-time worker.

In the absence of these conditions, the employer may refuse to reduce the woman’s working hours.

We do not make changes to the staff

Labor legislation does not contain a definition of such a concept as “rate”.
Based on the meaning usually given to this term, full-time work is considered to be work in a position during normal working hours. Accordingly, if an employee works in a corresponding position part-time or part-time, then it is assumed that he must work part of the standard working time, that is, work for part of the rate. The staffing table is a document that contains a list of structural divisions of the organization, the names of positions, specialties, professions indicating qualifications, information on the number of staff units in the organization as a whole. According to the position of the Constitutional Court of the Russian Federation, making a decision to change the structure, staffing table, and number of employees of an organization falls within the exclusive competence of the employer (definitions of the Constitutional Court of the Russian Federation of July 15, 2008 No. 411-О-О, 412-О-О and 413-О-О, dated 06/01/2010 No. 840-О-О).

The Plenum of the Supreme Court of the Russian Federation also indicated that the employer, for the purpose of effective economic activity and rational property management, independently, under his own responsibility, makes the necessary personnel decisions: selects, places, and dismisses personnel (clause 10 of the post. Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2) .

Consequently, the employer has the right, taking into account the specifics of his activities and his needs, work technology, demand for manufactured products, plans for further development, etc., to independently determine the structure and number of employees and, if necessary, at any time, make changes to the staffing table that entail both a decrease in the number of positions (specialties, professions) required by the employer or staffing units for them, and their increase.

At the same time, the legislation does not require that the number of staff units (both in the form of a whole number and in the form of a decimal fraction) for a particular position or profession in the staffing table does not exceed the total amount of rates (parts of rates) of all employees for this position.

The law does not establish a ban on the presence of vacant rates (or parts thereof) in the staffing table, therefore the employer is not obliged, when dismissing any of the employees or introducing part-time work for any of them, to simultaneously reduce the number of rates (their parts) in the appropriate proportion ) for this position in the staffing table. Some of the units for any position may remain vacant when the employer has a need for workers, but the staffing units are not filled for one reason or another. If he decides to bring the number of staffing units in the staffing table in line with those actually employed, he has the right to do this by making appropriate changes to this local regulatory act. When introducing part-time work for a limited period of time in accordance with part five of Article 74 of the Labor Code, it will most likely be convenient for the employer not to make any changes to the staffing table, so that subsequently, after this period, there is no need to return everything to square one. its.