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Part-time labor code. Part-time work at the request of the employee and not only Labor Code of the Russian Federation Article 93

One of the types of working time provided for in the Labor Code is part-time working time when an employee does not work out the norm established for him. Moreover, in some cases, the employee himself may ask to establish part-time work for him, and in others, the employer may make the appropriate decision. The registration procedure also depends on who is the initiator of the introduction of such a mode of operation. In the article, we will consider when and how partial time can be set and what the employer should pay attention to when he is the initiator of this change.

By virtue of Art. 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, according to the rules of internal labor regulations and conditions employment contract must fulfill labor obligations, as well as other periods of time that, in accordance with the Labor Code, other federal laws and other normative legal acts of the Russian Federation refer to working time.

Normal working hours may not exceed 40 hours per week. And for certain categories employees have reduced working hours.

Part-time work is one of the types of working hours. The definition of this concept in the Labor Code is not given, but in Part 1 of its Art. 93 states that, by agreement between the employee and the employer, both when hiring and subsequently, a part-time working day (shift) or a part-time working week can be established.

At the same time, from the very name of the term it follows that the duration of working time under this regime is less than the norm provided for the employee. That is, less than or 40 hours a week, or 8 hours a day, and for employees who have a reduced duration, respectively, less than the norm provided for them.

Part-time work can be in the form of:

part-time work (for example, not 8, but 6 hours);
part-time working week (for example, working 8 hours a day, 2 days a week instead of 5);
mixed mode (for example, working 5 hours a day instead of 8 and 3 days a week instead of 5).

Who can be assigned part-time work?

According to the norms of the Labor Code, part-time work is established:

Any employee with the consent of the employer.
Employees of certain categories on the basis of their application.
Employees of the organization at the initiative of the employer in case of a threat of mass dismissal.

Let's figure it out in order.

Part-time work with the consent of the employer.

So, as follows from part 1 of Art. 93 of the Labor Code of the Russian Federation, part-time work can be established by agreement between the employee and the employer. The initiator, as a rule, in this case is the employee.

The employee applies to the employer with a request for the establishment of part-time work. The application should indicate the reason for changing the working hours (illness of a relative or the need for an employee to undergo a course of treatment, etc.), the period of work in such a mode, the form of part-time work (part-time work (shift) or part-time work week), as well as the number of hours by which the working day is reduced. The employee may attach copies of documents confirming the need for such a regime for him. To install it to the employee or not - the employer decides.

In the case of a positive decision, an additional agreement is concluded with the employee to the employment contract, on the basis of which an order is issued to change the working hours for the employee to part-time work.

Part-time work for certain categories of workers.

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);
persons 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 of the Russian Federation.

In addition, by virtue of Art. 256 of the Labor Code of the Russian Federation, at the request of a woman, while on parental leave, she can work part-time or at home while retaining the right to receive state social insurance benefits.

A similar right may be exercised by the child's father, grandmother, grandfather, other relatives or guardian who actually care for the child.

The part-time work regime is introduced by the employer on the basis of the employee's application. Employees of these categories are not required to provide additional documents. The exception is persons caring for a sick family member. They must attach to the application a medical certificate issued in the manner approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 No. 441n “On Approval of the Procedure for Issuing Certificates and Medical Reports by Medical Organizations”. However, if the employees did not provide the employer with documents confirming pregnancy or the presence of a child under the age of 14 (a disabled child under 18) before submitting the application, they will have to be submitted along with the application.

Here is a sample application.

Director of OAO Stroymarket

V. M. Korotkov

from accountant I. V. Moreva

Statement

I ask you to establish a part-time job for me during my pregnancy - to reduce the working day by three hours from 12/14/2015 until I go on maternity leave.

I am enclosing the certificate of MBUZ "Women's Consultation No. 3" dated 10.12.2015.

08.12.2015, Moreva

The employer also concludes an additional agreement with employees who have written applications on changing the working hours.

Supplementary agreement

to the employment contract dated October 13, 2014 No. 15 / b

Moscow city

open joint-stock company"Stroymarket" (OJSC "Stroymarket") represented by Director V. M. Korotkov, acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and the accountant Moreva Irina Vladimirovna, hereinafter referred to as the Employee, on the other hand, have come to an agreement about the following:

1. Paragraph 2.2 of the labor contract dated 10/13/2014 No. 15 / b shall be stated as follows: “The employee is set to work part-time:

working week - five days, from Monday to Friday inclusive, with two days off (Saturday, Sunday);
duration of daily work - 5 hours, from 09.00 to 15.00;
break for rest and meals - 1 hour from 12.00 to 13.00.

2. Clause 4.1 shall be amended as follows: “Remuneration is made in proportion to the time worked, based on a salary of 35,000 rubles. per month".

3. This agreement is valid from 12/14/2015 until the Employee goes on maternity leave.

4. This supplementary agreement is an integral part of the employment contract dated 10/13/2014 No. 15/b, drawn up and signed in two copies of equal legal force, one of which is kept by the Employer, the other is transferred to the Employee.

Employee: Employer:

Moreva/Moreva I.V./ Korotkov/ Korotkov V. M. /

A copy of the additional agreement has been received. Moreva, 12/10/2015

For employees listed in Art. 93 of the Labor Code of the Russian Federation, the condition for the duration of part-time work is established by agreement with the employer. But if an employee who is on parental leave expressed a desire to fulfill his duties in a part-time mode, the employer must accept its conditions, since Art. 256 of the Labor Code of the Russian Federation protects the rights of persons with family responsibilities, combining the care of young children with work, which is a source of income for them.

So, O.E., while on parental leave, applied to the employer with a statement on the establishment of part-time work lasting 39 hours a week. However, the employer issued an order and an additional agreement, which indicated the duration of part-time work 1 hour per day, from 8.00 to 9.00, and 5 hours per week.

As a result of the trial on the claim of O.E., the court found that the actions of the employer to establish such a regime in the absence of the consent of the employee are contrary to labor legislation and violate the rights of an employee who is on parental leave. At the same time, the court referred to the Regulations in force today on the procedure and conditions for the employment of women with children and working part-time, approved by the Decree of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111 / 8-51 (hereinafter - the Regulation).

In accordance with paragraph 4 of the Regulation, part-time work can be established by agreement of the parties both without a time limit, and for any period convenient for the employee - for example, until the child reaches a certain age. The provision is aimed at providing women with favorable conditions for combining the functions of motherhood with professional activity and participation in public life(item 1).

Paragraph 7 of the Regulations states that the regimes of work and rest for women with children and working part-time are established by the administration, taking into account the wishes of the woman. In paragraph 8 - that the modes of work when working with part-time work may include, among other things, a reduction in the duration of daily work (shift) by a certain number of working hours on all days of the working week. When establishing modes of work with part-time work provided for in this paragraph, the duration of the working day (shift), as a rule, should not be less than 4 hours and the working week - less than 20-24 hours, respectively, with a 5- and 6-day week. Depending on specific working conditions Other hours of work may be set.

Based on the foregoing, an employee who is on parental leave and has begun to perform duties on a part-time basis has the right to choose convenient time working day in a shift, and the employer must take into account his wishes and establish a working regime with part-time work of at least 4 hours and a working week of at least 20-24 hours, respectively, with a 5- and 6-day week (Appeal ruling of the Supreme Court of the Republic of Komi dated 22.10. 2015 in case No. 33‑5580/2015).

Conditions for the introduction of part-time work by the employer.

By virtue of Art. 74 of the Labor Code of the Russian Federation, in the case when, 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 saved, they can be changed at the initiative of the employer , except for changing labor function worker.

When these reasons may lead to mass dismissal of employees, the employer, in order to save jobs, has the right to introduce a part-time (shift) and (or) part-time working week for up to 6 months. In order for the establishment of part-time work on this basis to be recognized as legal, the employer must comply with 2 basic conditions:

1. The presence of changes in organizational or technological working conditions in the organization. In accordance with paragraph 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts Russian Federation of the Labor Code of the Russian Federation, the employer must have evidence that the change in the terms of the employment contract determined by the parties was the result of changes in organizational or technological working conditions. Otherwise, a change in the terms of the employment contract determined by the parties cannot be recognized as legal.

Quite often, as the reason for changes in working conditions, employers indicate severe financial position organizations. But this reason cannot be called valid, unless it served as the basis for organizational or technological changes.

2. The presence of a threat of mass dismissal of workers. By virtue of Art. 82 of the Labor Code of the Russian Federation, the criteria for mass layoffs are determined in industry and (or) territorial agreements.

For example, the Sectoral Tariff Agreement in the housing and communal services of the Russian Federation for 2014-2016 establishes that the criterion for mass layoffs in the event of a reduction in the number or staff of employees is the dismissal of more than 10% of the organization's employees at a time.

If sectoral agreements do not apply to the organization, one should be guided by 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 dismissal”.

According to Decree No. 99, the criterion for mass layoffs is:

1. Reducing the number or staff of employees of the enterprise in the amount of:

50 or more people within 30 calendar days;
200 or more people within 60 calendar days;
500 or more people within 90 calendar days.

2. Dismissal of employees in the amount of 1% of the total number of employees due to the liquidation of enterprises or reduction in the number or staff within 30 calendar days in regions with a total number of employees less than 5,000 people.

Thus, only if these two conditions are present, the employer can proceed with the procedure for changing the working hours of employees to part-time.

Procedure for the introduction of part-time work.

First of all, the employer must issue an order justifying changes in organizational or technological working conditions as a basis for introducing such a regime. After that, an order is already issued to change the terms of employment contracts with employees, in particular, the introduction of part-time work. The order should state the reasons for establishing such a regime, the form and duration of working hours and the period for which the corresponding regime is introduced.

Keep in mind: if the organization has a trade union, then when introducing part-time work, its opinion must be taken into account - send a copy of the order to the elected body of the primary trade union organization. Accounting for opinions is carried out in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation.

Also note that according to part 8 of Art. 74 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, in particular the introduction of part-time work, should not worsen the position of the employee compared to the established collective agreement, agreements.

According to part 2 of Art. 74 the employer is obliged to notify the employee in writing about upcoming changes in the working hours and the reasons for the need for such changes. Notifications must be sent no later than 2 months before changes are made.

Within 3 working days after the decision on the introduction of part-time work, the employer is obliged to notify the employment service authorities in writing (Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment in the Russian Federation”).

The form for notifying the employment service is not approved, so the employer can send it in any form, indicating the number of employees who are assigned part-time work, the period for which it is introduced, and the reasons for the need for changes. But first, check - perhaps the form of such notifications is determined by the regional employment centers.

So, if the employee agrees to work in the new conditions - part-time, an additional agreement is concluded to the employment contract.

If the employee refuses to continue working under such conditions, the employment contract with him is terminated under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation after the expiration of the warning period for the introduction of part-time work, that is, according to the rules for reducing the staff or number of employees of the organization. According to Art. 74 of the Labor Code of the Russian Federation, the employee must be provided with all the guarantees and compensations provided for persons dismissed due to a reduction in staff or the number of employees.

This is where the difficulty arises. Is it necessary to notify employees again 2 months in advance, but about a reduction in the number or staff? A total of 4 months...

Since there are no special comments on this issue, we recommend that, along with warning employees 2 months in advance about the introduction of part-time work, they also warn about the possibility of dismissal after 2 months under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation in case of refusal to continue work in the new conditions.

If the employer has established a part-time mode for a certain period, then it is no longer necessary to take any actions, draw up documents, the named mode will end automatically. But if the employer decides to cancel it before the deadline, the opinion of the trade union will again have to be taken into account. In addition, it will be necessary to issue an order to abolish part-time work and conclude new additional agreements with workers.

Payment for part-time work.

In accordance with Art. 93 of the Labor Code of the Russian Federation when working on a part-time basis, remuneration is made in proportion to the hours worked or depending on the amount of work performed. When calculating wages, one should take into account the procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year), depending on fixed duration working hours per week, approved by the Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n.

At the same time, according to the Letter of Rostrud dated 08.06.2007 No. 1619‑6, the size wages when establishing a part-time work regime, it should decrease regardless of the wage system ( official salary, tariff rate).

In conditions of part-time employment, the correct accounting of actually worked working hours according to the adjusted work schedule is of particular importance.

Work outside the part-time period established for an employee is paid as overtime (Articles 99, 152 of the Labor Code of the Russian Federation), which is confirmed by the Letter of Rostrud dated 01.03.2007 No. 474-6-0.

Speaking about payment for part-time work, we recommend that when an employer introduces such a regime in accordance with Art. 74 of the Labor Code of the Russian Federation, in notifications sent to employees, also indicate that under the new working hours, the condition on remuneration is subject to change accordingly.

Thus, the appellate instance of the Moscow City Court (Appeal ruling dated November 26, 2014 No. 33-37022 / 2014) found it illegal for an employer to establish a part-time regime for an employee in connection with organizational changes in working conditions. One of the reasons for the recognition of the changes as illegal was the violation of the provisions of Art. 57 of the Labor Code of the Russian Federation, according to which remuneration, as well as working hours, is an essential condition of the employment contract, but the employee was not notified of the change in the amount of earnings.

Summarizing all of the above, we can conclude that changing the regime to part-time work does not cause any particular difficulties, with the exception of the case when the employer becomes the initiator of the change. But with the difficulties of applying Art. 74 of the Labor Code of the Russian Federation, the employer faces when changing any determined by the parties terms of the employment contract. And, in principle, the employer has an option to offer employees to switch to part-time work by agreement of the parties (Article 72 of the Labor Code of the Russian Federation) - except, of course, the situation when the changes threaten a massive layoff of employees, since then questions may arise from regulatory authorities.

We also remind you that there are categories of employees for whom the employer is obliged to establish part-time work, and in some cases is obliged to agree to the working conditions proposed by them.

Approved by the Ministry of Regional Development of the Russian Federation, the All-Russian Industry Association of Employers "Union of Communal Enterprises", the All-Russian Trade Union of Essential Workers on 09.09.2013 (as amended on 08.01.2015).

Human Resources Department commercial organization, №1, 2016

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 set 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 the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at this 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.

Commentary on Art. 93 Labor Code of the Russian Federation

1. Part-time work (part-time work or part-time work week) may be established by agreement of the parties (on certain period or without specifying the term) with payment in proportion to the time worked or depending on the amount of work performed.2. For certain categories of employees (pregnant women, persons with minor children, caring for a sick family member in accordance with a medical report), the employer is obliged to comply with a request for part-time work.3. Part-time workers have the same rights as full-time (weekly) workers.

Judicial practice under article 93 of the Labor Code of the Russian Federation

Determination of the Supreme Court of the Russian Federation of 01.12.1998 N 49-B98-17

From the materials of the case, it is clear that the wages of employees of JSC "Tuymazykhimmash", including the plaintiff, in violation of the requirements of Art. 96 of the Labor Code of the Russian Federation and, accordingly, Art. of the Labor Code of the Republic of Bashkortostan, which provide for the payment of wages at least every half a month, was not paid on time, and by November 1995 wage arrears for several months had formed.

Determination of the Supreme Court of the Russian Federation of September 12, 2007 N 91-Г07-22

During the development of these Terms and Conditions, the requirements of Art. Art. , , 60.1 , , Labor Code of the Russian Federation on the prohibition of discrimination, equality of opportunities for employees in exercising their rights; the dependence of wages on the qualifications of the employee, the complexity, quantity and quality of the work performed by him, the rules of payment for part-time work and part-time work or part-time work.

Decision of the Supreme Court of the Russian Federation dated July 25, 2012 N AKPI12-726

K. applied to the Supreme Court of the Russian Federation with an application to invalidate the specified normative provision in the part that did not allow her to include in her special length of service the periods of work from September 1, 2000 to October 1, 2004, when she did not fulfill the wage rate established for norm teaching load. He believes that the norm contested in part does not comply with Articles, the Labor Code of the Russian Federation, paragraph 12 of the Regulation on the procedure and conditions for the employment of women with children and working part-time, approved by the decision of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions of April 29, 1980 N / 8-51, and limits her right to early appointment of an old-age labor pension.

Determination of the Supreme Court of the Russian Federation dated November 15, 2012 N APL12-646

K.V. applied to the Supreme Court of the Russian Federation with an application to invalidate the specified normative provision in the part that does not allow to include in her special experience the periods of work from September 1, 2000 to October 1, 2004, when she did not comply with the pedagogical norm established for the wage rate loads. In support of the stated claim, the applicant pointed out that the contested norm does not comply with Articles , the Labor Code of the Russian Federation, paragraphs 1, 12, 15 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by the resolution of the USSR State Labor Committee, the Secretariat The All-Union Central Council of Trade Unions of April 29, 1980 N / 8-51, and limits her right to early appointment of an old-age labor pension.

Determination of the Supreme Court of the Russian Federation of June 16, 2015 N 301-KG15-5751 in case N A39-3748 / 2014

Under these circumstances, the courts, guided by the provisions of articles , , , , , , , , , of the Labor Code of the Russian Federation, article 11.1 of Federal Law No. social insurance in case of temporary disability and in connection with motherhood", as well as the explanations set out in paragraph 20 of the resolution of the plenum Supreme Court of the Russian Federation dated January 28, 2014 N 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors", came to the conclusion that the simultaneous use of two or more holidays labor law The Russian Federation is not provided for, and the fund rightfully refused to accept the company for offsetting the unreasonably incurred expenses for the payment of child care benefits during the time the named employees were on their next main vacation.

Determination of the Constitutional Court of the Russian Federation of November 19, 2015 N 2627-O

In addition, the applicant disputes the constitutionality of the interpretation by the courts of general jurisdiction of part three of Article of the Labor Code of the Russian Federation, according to which part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of June 17, 2019 N 32-KG19-14

Rejecting the arguments Pisareva D.A. on failure to fulfill obligations under these contracts due to unforeseen circumstances - establishing disability for her son V., whom she is raising alone, and his need for rehabilitation, the court of first instance, referring to the provisions of the articles "On the fundamentals of compulsory social insurance", articles 1.1, 2.2, 4.7, 11.1, 13 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", articles 3, 4 of the Federal Law of May 19, 1995 N 81-FZ "On state benefits to citizens having children", the courts satisfied the stated requirements, not seeing excessive payment of the child care allowance.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1

According to the article of the Labor Code of the Russian Federation, part-time work (shift) or part-time work week is established for pregnant women, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), a person caring for sick family member in accordance with the medical report. The provision of such working hours is carried out on the basis of the application of these persons and is the obligation of the employer. This rule also applies to other persons raising children under the age of fourteen (a disabled child under the age of eighteen) without a mother. In this case, wages are paid in proportion to the hours worked or depending on the amount of work performed.

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.

website/stat/tk-glava-15/statia-93/

01/10/2018 - Yulia Lazareva

Hello. Article 93 of the Labor Code of the Russian Federation. Does any employee have the right to part-time work (by agreement of the parties), at his request? Or does this require the reasons established in this article?

12/07/2016 - Karina Andreeva

Due to health reasons I can’t work the night shift how can I transfer to a part-time job what certificates from the hospital need to be provided to the organization

12/06/2016 - Andrey Bogatov

Hello. I have a child who is 4 years old and I work in shifts day, night for 12 hours I left the workplace for 1 hour before the end of the shift without knowing the law 93 of the Labor Code of the Russian Federation can I be fired for this reason?

05/20/2016 - Vera Ilyina

The child is 11 years old, the family is complete, can I use the right to a reduced working day?

04/09/2016 - Alina Anisimova

My child is 1.8 months old, am I entitled to reduced work shifts?

12/21/2015 - Natalia Egorova

Hello. I am a mother of many children, I have 8 children the youngest year and 8 am I entitled to have a part-time work week. My employer refused to do so. Is he right?

10/29/2015 - Evdokia kovaleva

10/12/2015 - Alexey Turkin

Hello. I wrote an application for part-time work in accordance with part 1 of article 93 of the Labor Code, having two children aged 5 and 6. I asked for a work time of 5 days (weekends Saturday, Sunday) duration from 8:15 to 12:15, so my eldest child is studying on the first shift. The employer writes a resolution, which is advisable from 13:00 to 17:00. Can he legally choose the hours of work?

09/08/2015 - Ilya Vladychin

I am now pregnant and I want to write an application for reduced working hours, tell me how many hours a week I have to work. Our schedule is two weeks for 5 days (from 9-18-00) and two weeks for 6 days (Saturday to 14-00).

The answer to the question is given by phone.

28.08.2015 - Gennady Dymnikov

Hello. Is sick leave paid if I receive benefits before. 1.6 years? She went to work part-time when the child was one year old.

03/10/2015 - Alexandra Konovalova

mother went to work part-time interrupting parental leave issued to grandmother to make sure that grandmother receives benefits because the employer refused

05/08/2014 - Olga

Tell me, please. I have two children 9 years old and 3 years old. I wrote an application for part-time work until 15:00.

The answer to the question is given by phone.

01/24/2014 - Tatyana

Hello! I have a disabled child. I work full time and use 4 days off to care for a disabled child. I want to switch to 0.5 rates. Will I still be eligible for 4 days of childcare with a disability? Thank you in advance.

10/31/2013 - Tatyana

Hello, I have a child of 12 years old, I want to exercise the right to part-time work under Article 93 of the Labor Code of the Russian Federation, but I need to know how my salary will be calculated if the organization has a fixed salary, but the amount of work remains the same. Will it be calculated in proportion to the number of hours worked or will it remain the same, despite the fact that job descriptions when hiring, I didn’t sign and still don’t have them, just a verbal agreement on the amount of work.

The answer to the question is given by phone.

10/25/2013 - Vadim

Please tell me, the employer makes us write an application for a part-time job in the amount of 3 days, referring to Article 93 of the Labor Code of the Russian Federation, while obliging us to work full time. Can I refuse to sign this application and what may be the consequences from the head in our direction. Thanks in advance.

12/08/2012 - Evgeniya

My child is 3 years old, she goes to kindergarten, she wanted to cut the working day by an hour (there is no one to pick up the child from the kindergarten), she wrote a statement to the personnel department, but the boss did not sign it for me and said that it was not profitable for her, did she have the right not to sign it ? I work for the Pension Fund.

The answer to the question is given by phone.

09/09/2012 - Vera Krasilnikova

Can I have a reduced working day if the child is not yet three years old.

The answer to the question is given by phone.

09/07/2011 - Natalia

I want to work for 0.5 of the rate at the rate of 5.500 rubles + surcharge for complexity 1.500. Can I exercise this right.

The answer to the question is given by phone.

07/06/2011 - Maxim

I have two children 10 months and 2y 8 months, my wife is taking care of a child for 10 months, can I count on a part-time job? Thanks

06/16/2011 - anna

Hello! You have every right! The employer is obliged, upon your written application, to provide you with work for at least 0.3 at least 0.5 rates, as you wish. If he does not provide, he may have serious problems with Russian labor legislation.

The answer to the question is given by phone.

04/23/2011 - Evgeniya

I am a single mother, am I eligible for a part time job. Baby 5 months

The answer to the question is given by phone.

New edition Art. 93 of the Labor Code of the Russian Federation

Commentary on Article 93 of the Labor Code of the Russian Federation

Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, an employer (including an individual) is obliged to establish part-time work or a part-time work week 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 report (clause 1, article 93 of the Labor Code of the Russian Federation).

In many respects, the mode of work on a part-time basis is still regulated by union acts of law (to the extent that it does not contradict the Labor Code of the Russian Federation) and, in particular, the Regulations on the procedure and conditions for the employment of women with children and working part-time "from 29 April 1980 N 111/8-51. It has been established that when hiring with a part-time job, this is not recorded in the work book (clause 3 of the Regulation).

Both the working day and the working week can be part-time. And neither the minimum nor the maximum current legislation not installed. According to the Regulations on the procedure and conditions for the employment of women with children and working part-time, part-time work was established, as a rule, not less than 4 hours and not more than 20.24 hours with a five-, six-day working week.

With a part-time working day, the employee works fewer hours than established by the schedule or schedule for this enterprise for this category of workers, for example, instead of eight hours, four.

With a part-time working week, the number of working days is reduced against a five-day or six-day week.

Part-time work may consist simultaneously in the reduction of the working day and the working week.

Such a part-time mode can also be applied, when daily work is divided into parts (for example, morning and evening mail delivery to the office of the enterprise, etc.).

Part-time work can be established by agreement of the parties both without a time limit, and for any period convenient for the employee referred to in Article 93 of the Labor Code of the Russian Federation, for example, for the period school year child, for the period until he reaches 10 years of age, etc. (clause 4 of the Regulations).

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Thus, the transition to the condition of part-time work is possible due to changes in organizational or specifications labor, taking into account the opinion of the elected trade union body of this organization for a period of not more than six months. In cases where part-time work is introduced at the enterprise for all or individual employees at the initiative of the administration, the following rules must be observed:

1) as follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any essential terms of the employment contract can be changed, except for the labor function, i.e. the position (specialty) of the employee provided for by the employment contract, and the range of duties performed by him;

2) the employer must notify employees of the introduction of changes in writing no later than two months before their introduction (for employers - individuals a different period is set - at least 14 calendar days (Article 306 of the Labor Code of the Russian Federation)).

Since the legislation does not establish the form of notification, therefore, it can be arbitrary. The main thing is that the text allows you to establish what the employee was notified about and when. The notice must bear the personal signature of the employee;

3) if the employee does not agree to work in the new conditions, the employer is obliged to offer him another job available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower position or a lower-paid job (also suitable for the employee's qualifications and state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment contract (contract) on the grounds provided for in paragraph 7 of Article 77 of the Labor Code of the Russian Federation (an employee’s refusal to continue working due to a change essential conditions labor) the employment contract with him is terminated with the provision of appropriate guarantees and compensations to the employee. Moreover, the employee has the right to declare his disagreement and quit on this basis only until the moment the part-time working regime is introduced (this is why the rule of a 2-month warning period has been established). If the employee changed his mind after the introduction of this regime, then he can quit only at his own request.

The cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions on the duration of work for employees. annual leave, calculation of seniority and other labor rights.

Working on a part-time basis does not entail a reduction in the duration of annual and study leave, the time of work is counted in the length of service as full-time work; bonuses for work performed are accrued on common grounds; weekends and holidays provided in accordance with labor laws. However, payment for part-time work is made in proportion to the hours worked or depending on the output. Part-time work is one of the essential conditions of the employment contract.

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 working time established by the given employer. In the event that an employee, in accordance with the law (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, part-time work will be considered shorter than the corresponding norm of reduced working hours.

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, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

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3. Part 1 of Art. 93 of the Labor Code of the Russian Federation defines the circle of persons whose requirement to establish part-time work is mandatory for the employer (pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen years (a disabled child under the age of eighteen years), 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 of the Russian Federation).

4. The use of part-time work leads, as a rule, to an increase in production efficiency and makes it possible to increase the employment of the population through the use of one workplace by two part-time workers, the formation of second shifts with part-time workers, etc.

5. 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 Part 5 of Art. 74 of the Labor Code of the Russian Federation and commentary to it.

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Article 93 of the Labor Code of the Russian Federation. part-time work

Article 93 of the Labor Code of the Russian Federation with comments and changes for 2016-2017.

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. The term "part-time work" used in Article 93 of the Labor Code of the Russian Federation covers both part-time work and part-time work.

With part-time work, the number of hours of work per day is reduced compared to what is established in the organization by the schedule or schedule for this category of workers (for example, instead of 8 hours - 4).

Part-time working week means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish an employee with a part-time working week with part-time work (for example, 3 working days a week for 4 hours each).

Unlike reduced working time, which is a full measure of the duration of work established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time work is only part of this measure. Therefore, with part-time work, remuneration is made in proportion to the time worked, and with piecework pay, depending on output.

Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both when applying for a job, and during the period of work. The condition of part-time work must be reflected in the employment contract or drawn up as an addition to it.

2. The law does not limit the circle of persons for whom part-time work is allowed. It can be established by any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish for the employee, at his request, a part-time working day or a part-time working week. Yes, part-time work without fail installed 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 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 and other regulatory legal acts of the Russian Federation.

Consolidation of the right to mandatory establishment of a part-time regime of only one of the parents who has a child under the age of 14 (a disabled child under 18) means that if the need for such a regime arises with the second parent, he must resolve this issue in in general order, i.e. by agreement with the employer.

In addition to the above categories of persons, the employer is obliged to establish part-time work at the request of the disabled person, if such a regime is necessary for him in accordance with individual program rehabilitation, which is mandatory for organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Persons with Disabilities).

The refusal of the employer to satisfy such a request may be appealed to the labor dispute resolution bodies.

3. Part-time work is established for a fixed period or without specifying a period. At the same time, work on a part-time or part-time working week is indicated in the content of the employment contract (see article 57 and comments to it).

Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and study leave; the time of work is counted in the length of service as full-time work; weekends and holidays are provided in accordance with labor legislation.

In work books, a mark on work with part-time work is not made.

On part-time work for women and other persons on leave to care for a child under the age of 3, see Part 3 of Art. 256 and comment. To her.

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible in connection with changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of this organization for up to 6 months.

For the transfer to this mode, see comments. to Art. 74.

Persons hired on a part-time or part-time working week, as well as those employed at half the rate (salary) in accordance with an employment contract, are included in the list of employees of the organization. In the headcount, the specified employees are taken into account for each calendar day as whole units, including non-working days of the week, due to employment.

Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to part-time work, when determining average headcount employees are counted pro rata to hours worked (see Instructions for Completing the Federal statistical observation N 1-T "Information on the number and wages of employees", approved. Decree of Rosstat of October 13, 2008 N 258 // Questions of statistics. 2009. No. 1).

Commentary on Article 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, wages are paid 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 recommendations 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). 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 work, as well as in cases where the organization provides for staffing incomplete wages.

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 mainly from the employee, and the employer can satisfy his request, if this does not disrupt the production process.

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 in essential working conditions.

4. The legislation provides that in certain cases, if there is an expression of the will of the employee, 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 persons are mandatory for the employer (Articles 11 and 23 of the Law “On social protection disabled people in the Russian Federation).

5. Part-time employees are entitled to full annual leave, as well as study leave. The time of work is counted in their length of service as full-time work. They are entitled to receive a bonus for the work performed, which is accrued on a general basis. They are provided with weekends and holidays in accordance with the Labor Code 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 work rate. In this part-time work differs from reduced hours of work. Part-time work is used in various ways.

Article 93 of the Labor Code of the Russian Federation

Part-time work - the regulatory framework, in which cases part-time work is issued, how to draw up an employment contract for part-time / part-time work

The concept of working time according to the Labor Code of the Russian Federation, classification of working time costs, normal working hours, overtime

Judicial practice under Art. 93 of the Labor Code of the Russian Federation

Under these circumstances, the courts, guided by the provisions of Article 114 of the Labor Code of the Russian Federation, came to the conclusion that the simultaneous use of two or more vacations is not provided for by the labor legislation of the Russian Federation, and the fund rightfully refused to accept the society for offsetting unreasonably incurred expenses for the payment of care benefits for the child during the time the named employees are on the next main vacation.

The applicant disputes the constitutionality of the interpretation by the courts of general jurisdiction of part three of Article 93 of the Labor Code of the Russian Federation, according to which part-time work does not entail any restrictions for employees on the duration of the annual basic paid leave, calculation of seniority and other labor rights.

Article 93. Part-time work

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.

Article 93. Part-time work

checked today
code dated 01.01.2020
entered into force on 01.02.2002

There are no new versions of the article that have not entered into force.

Compare with the wording of the article dated 10/06/2006 05/11/2004 02/01/2002

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.

Art. 93 of the Labor Code of the Russian Federation

References to Art. 93 of the Labor Code of the Russian Federation in legal advice

Part time!
18.06.2018 Article 93 of the Labor Code of the Russian Federation- 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
Benefit for caring for a child up to 1.5 years
02.05.2018 work part-time or at home while still eligible for state social security benefits. In turn, in Article 93 of the Labor Code of the Russian Federation part-time work is understood as: By agreement of the parties to the employment contract, the employee, both at the time of hiring and subsequently, can be established
part-time work
11.01.2018 that your wife does not work part-time on the application you must indicate the reason why you require special treatment and a separate schedule within Article 93 of the Labor Code of the Russian Federation you should be set only for a while until the circumstances that prompted such a decision have exhausted themselves.: In this case, part-time work is set
part-time work
11.01.2018 Good evening. The personnel department rightfully requires a certificate stating that your wife does not use part-time work, since in part 2 Art. 93 of the Labor Code of the Russian Federation expressly stated: "The employer is obliged to establish part-time work at the request of one of the parents (guardian, trustee) who has a child aged
guardianship
23.11.2017 they can work part-time or work from home while still being eligible for state social security benefits. also in Article 93 of the Labor Code of the Russian Federation it is said: 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
Working hours after the maternity leave of a single mother
16.03.2017 shift schedule and no more, then again, formally there are no violations and you can be put to work in any shift except for the night. In this case, you can try to use Article 93 of the Labor Code of the Russian Federation you can ask for part-time work with a schedule that is already convenient for you. Write a letter requesting early termination of maternity leave
what will be the salary after I switched to light work
06.03.2017 Good afternoon, Maria. Considering that the norm of hours you will not have fully worked out, the salary will be accrued in proportion to the hours worked in the order Article 93 of the Labor Code of the Russian Federation. I'm sorry, but the employer cannot oblige you to work at night, it is prohibited by law and at the same time pay your salary in full with half of the work

11.10.2016 on the basis of Article 72 of the Labor Code of the Russian Federation. It should be noted that the reduction of the working day, that is, part-time work, entails a reduction in wages based on Article 93 of the Labor Code of the Russian Federation in proportion to hours worked. That is, an oral agreement is not legally binding and in this situation a violation is seen, considering. what size

12.08.2016 implemented. That is, it is in this aspect that you cannot do anything, although you understand the reason. Second question, 5 minutes late. You have a small child and according to Article 93 of the Labor Code of the Russian Federation you have every right to demand a reduced working day and to use this right until your child is 14 years old: The employer must establish

Holiday pay for a part-time worker.
25.04.2016 Catherine. Yes, you are entitled to sick pay and vacation pay if you work part-time, and there are no limits on the length of your vacation. Part 3 Art. 93 of the Labor Code of the Russian Federation states: Part-time work does not entail any limitation for employees on the duration of the annual basic paid

19.02.2016 Although you cannot extend your maternity leave beyond the age of 3, you can work part-time or weekly based on Article 93 of the Labor Code of the Russian Federation and you have no right to refuse it. By agreement between the employee and the employer, they can be established both at the time of employment and subsequently part-time

sabbatical leave
20.01.2016 the documents. that your wife will not receive child support from the relevant authorities. As for working during maternity leave. then on the basis Article 93 of the Labor Code of the Russian Federation you can work part-time or part-time, but at the same time, you will be paid in proportion to the hours worked. By

19.01.2016 The employer is obliged to establish a part-time (shift) or part-time work week at the request of one of the parents who has a child under the age of fourteen ( Art. 93 of the Labor Code of the Russian Federation). The "Regulations on the procedure and conditions for the employment of women with children and working part-time" states that part-time work can

Wage
17.12.2015 Valerievna, that your employer initially acted, ignoring the law. The calculation of wages in proportion to the time worked is provided for in Art. Art. 93, 155, 271, 285 of the Labor Code of the Russian Federation. The categories of citizens to whom these provisions apply do not include disabled persons of group II. According to Art. 92 of the Labor Code of the Russian Federation and Art. 23 Federal

16.11.2015 Good morning, Elena. Even with one child under 14, you were already entitled to a reduced working day, and you have four of them. AT Article 93 of the Labor Code of the Russian Federation It is said: By agreement between the employee and the employer, part-time work (shift) or

Question under Article 252 of the Labor Code of the Russian Federation
23.10.2015 Good evening, Olga. Your question is not entirely clear, do you want to work longer or less? Let's consider both situations. To work less you can use norms Article 93 of the Labor Code of the Russian Federation, according to which, if you have children who have not reached the age of 14, you have every right to ask to reduce the working day or week and the employer

21.10.2015 week, the employer is obliged to make such concessions, since you have a young child. But in this case, of course, you will lose in salary, since according to Art. 93 of the Labor Code of the Russian Federation Payment will be made in proportion to the hours worked.