New procedure for amending the labor code. Changes in the labor code - what's new. A new mandatory document when concluding an employment contract
CHANGE #1:
Appeared new document, which is presented by a person entering a job at the conclusion employment contract. Candidates for work related to activities, to which persons brought to administrative responsibility for drug consumption are not allowed, present a certificate. The certificate must indicate whether or not the bearer is subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances.
1. It is necessary to check whether there are positions in the organization in which the employment of employees is prohibited by law during the period of the administrative penalty for drug use.
2. If there are such positions, it is necessary to request a certificate from the candidate for work before concluding an employment contract with him.
The candidate must obtain a certificate in regional administration MIA. The procedure for issuing a certificate and its form are approved by order of the Ministry of Internal Affairs of Russia dated October 24, 2016 No. 665.
Change applied date: 01.01.2017.
CHANGE #2:
1. Guarantees are provided for employees whom the employer has sent for an independent assessment of qualifications. For an employee who, with a break from work, undergoes an independent assessment of qualifications for compliance with the provisions of the professional standard, the position and average salary at the main place of work are retained. If an independent assessment takes place in another location, the employee is paid travel expenses.
2. There is a new requirement that the employer pays for an independent assessment
What you need to do to apply the changes:
1. The employer pays for an independent qualification assessment if he sends an employee to it on his own initiative.
2. An order is issued to keep the employee's place of work and average earnings for the period independent evaluation qualifications.
3. If an employee undergoes an independent qualification assessment in another locality, he will be reimbursed for the following expenses:
For travel;
Renting a dwelling;
Daily allowance;
Other expenses incurred by the employee with the permission or knowledge of the employer.
Change applied date: 01.01.2017.
CHANGE #3:
1. The employer has the right to determine the need to send employees for an independent assessment of qualifications.
2. It is provided that an employee can be sent for an independent assessment of qualifications only with his written consent and on the terms determined by the collective agreement or labor contract.
3. New obligations of the employer: approve the list necessary professions and specialties to send employees to undergo an independent qualification assessment; provide employees who are referred for an independent assessment of qualifications with the guarantees provided for by law, the collective agreement, local regulations and labor contracts.
What you need to do to apply the changes:
1. A list of required professions and specialties is approved for sending employees to undergo an independent qualification assessment, taking into account the opinion of the representative body of employees of the organization.
2. Changes are made to collective agreement, local regulations. The new provisions prescribe the procedure and conditions for sending employees for an independent assessment of qualifications, guarantees that employees can count on.
3. The qualifications of employees are assessed for compliance with professional standards according to their documents on education and work experience.
4. A decision is made which of the employees should be sent for an independent assessment of qualifications.
Change applied date: 01.01.2017.
CHANGE #4:
It is stipulated that employees have the right to undergo an independent qualification assessment.
What you need to do to apply the changes:
It is necessary to clarify with employees about passing an independent qualification assessment. With those who gave written consent, additional agreements are concluded to employment contracts.
Change applied date: 01.01.2017.
CHANGE #5:
1. Features installed labor relations employers - small businesses, which are classified as micro-enterprises.
2. It is provided that if the employer ceased to be a micro-enterprise, then no later than four months from the date of making changes to the register, he must begin to apply the general norms of the Labor Code to regulate labor relations.
What you need to do to apply the changes:
Rules apply new chapter 48.1 of the Labor Code, if the organization is a micro-enterprise and is included in single register subjects of small and medium business. The criteria are specified in the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in Russian Federation».
Change applied date: 01.01.2017.
CHANGE #6:
It is provided that a micro-enterprise has the right not to approve local regulations. If there are no local acts, it is necessary to include in labor contracts with employees those conditions that should be regulated by local acts.
What you need to do to apply the changes:
Employment contracts at a micro-enterprise are concluded on the basis of standard form of the employment contract, which the Government approved by Decree No. 858 of August 27, 2016. It is recommended to include in the employment contract all the conditions that should be regulated by local acts, if they are not in the organization.
Change applied date: 01.01.2017.
CHANGE #7:
It has been established that in credit institution individual employees stop receiving incentive payments if a plan for the participation of the Bank of Russia in the implementation of measures to prevent bankruptcy is approved. The bank must stop paying incentive payments: incentive payments and allowances, bonuses and other incentive payments. Employees who are not paid incentives include: the head, his deputies, Chief Accountant, his deputy, head and chief accountant of the bank branch, members of the board of directors of the bank.
What you need to do to apply the changes:
This rule applies if a plan for the participation of the Bank of Russia in the implementation of measures to prevent bankruptcy has been approved for a credit institution. From the moment the Plan is approved, incentive payments to employees listed in Part 4 of Art. 349.4 TC.
Change applied date: 16.06.2017.
CHANGE #8:
It has been established that it is possible to terminate employment contracts for loss of confidence with certain categories of workers if they use foreign financial instruments.
Foreign financial instruments:
1) securities and related financial instruments of non-residents or foreign structures without education legal entity which have been assigned an international security identification code;
2) participation shares, shares in authorized capitals organizations whose place of registration or location is a foreign state, as well as in the property of foreign structures that are not defined as securities and financial instruments classified as them;
3) agreements that are derivative financial instruments, if at least one of the parties to such an agreement is a non-resident or a foreign structure;
4) established in accordance with the legislation of a foreign state trust management property;
5) loan agreements, if at least one of the parties to such an agreement is a non-resident or a foreign structure;
6) loan agreements concluded with foreign banks or other foreign credit organizations located outside the territory of the Russian Federation.
What you need to do to apply the changes:
The ban on the use of foreign financial instruments is established for certain employees of state corporations, public law companies or state companies, as well as employees of the PFR, FSS, MHIF, other organizations created by the Russian Federation on the basis of federal laws, organizations created to fulfill the tasks assigned to federal government bodies. In these organizations, employment contracts are terminated under paragraph 7.1 of Part 1 of Art. 81 of the Labor Code with an employee who owns or uses foreign financial instruments, if this gives rise to a loss of confidence in the employee on the part of the employer.
Change applied date: 28.06.2017.
CHANGE #9:
Clarified that incomplete working time- this is:
Part-time with a full-time work week;
Part-time work with part-time work week;
Full time with part time work.
The employee and the employer, when agreeing on part-time work, can divide the working day into parts. Part-time working hours can be set by the parties both for an unlimited period of time and for any period that they agree on.
What you need to do to apply the changes:
1. Employment contracts or additional agreements to them on the establishment of a part-time worker shall indicate:
Length of working days and working week;
Mode of working time and rest time: working days in a week, start and finish times, breaks in work, a condition for dividing the working day into parts;
The period for which part-time work is established.
2. By agreement with the employee, the employer may change the condition of part-time work, which was agreed upon before the amendments to the Labor Code.
Change applied date: 29.06.2017.
CHANGE #10:
It is clarified that in cases where the employer is obliged to establish part-time work at the request of the employee, this should be done for a period convenient for the employee, but no more than for the period of existence of circumstances in connection with which the law obliges the employer to fulfill the request of the employee. The employer establishes the mode of working time and rest time in accordance with the wishes of the employee and taking into account the conditions of the organization.
What you need to do to apply the changes:
1. The employer, as before, is obliged to establish part-time work at the request of:
pregnant woman;
One of the parents, guardian, guardian, who has a child under the age of 14;
One of the parents, guardian, guardian, who has a disabled child under the age of 18;
A person caring for a sick family member in accordance with a medical report.
2. In an employment contract or additional agreement it specifies:
Circumstances in connection with which part-time work was established for the employee;
The period during which he will work part-time;
The mode of working time and rest time, which the employer agreed with the employee, taking into account his wishes and the interests of the organization.
3. If the organization employs employees for whom part-time work is established at their request without a time limit, it is recommended to conclude additional agreements with them, which specify the period of validity of this condition.
Change applied date: 29.06.2017.
CHANGE #11:
A rule has been introduced according to which it is possible to establish an irregular working day for part-time workers. For part-time employees, irregular working hours can only be established if they work full-time during a part-time work week.
What you need to do to apply the changes:
1. When an irregular working day is established for an employee, it is necessary to clarify that he works full-time or full-time with a part-time working week.
2. When part-time work is set for an employee, it is necessary to clarify whether he works in irregular working hours. If this is the case, then you can set a partial week, the working day should remain full duration.
3. If the organization employs employees who have an irregular regime during part-time work, it is necessary to bring the terms of their employment contracts in accordance with the law.
Option 1. Irregular working hours need to be abolished. The employee is provided additional leave, which he earned for the period until 06/29/2017. After this date, the employee will not be involved in irregular working hours. He is not entitled to leave.
Option 2. The mode of work on a part-time basis is changing - the employee is given a full-time job with a part-time working week (by agreement of the parties). In this case, the employer will be able to attract a full-time employee to work in irregular working hours.
Option 3. The employee is canceled part-time work. In this case, the employer will be able to involve him in work in irregular working hours.
Change applied date: 29.06.2017.
CHANGE #12:
Introduced the rule of overtime pay on weekends and non-working days holidays. Such work must be paid at an increased rate or compensated for with other rest time and not taken into account in the billing period when the number of hours of overtime work that must be paid at an increased rate is calculated.
What you need to do to apply the changes:
1. Overtime work on a day off or holiday is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount.
2. Overtime work on a weekend or holiday shall be compensated for with other rest time, but not less than the time worked overtime, if the employee requests this.
3. When at the end of the billing period the number of overtime hours hours worked by an employee, which are paid at an increased rate, do not count the hours that he worked on a day off or holiday.
Change applied date: 29.06.2017.
CHANGE #13:
A rule has been introduced for paying hours of work on weekends and non-working holidays. An increased amount is paid for the hours that the employee actually worked on a weekend or non-working holiday. If part of the work shift fell on a weekend or holiday, then the hours worked from 0:00 to 24:00 on that day are paid at an increased rate.
What you need to do to apply the changes:
Each hour of work from 0:00 to 24:00 on a weekend or holiday is paid at least twice:
Pieceworker - not less than double piecework rates;
An employee whose work is paid by the hour tariff rates, - in the amount of not less than double the hourly tariff rate;
An employee receiving a salary, if he worked on a weekend or holiday within monthly rate working hours - in the amount of not less than the hourly rate or part of the salary for an hour of work in excess of the salary;
An employee receiving a salary, if he worked on a weekend or a holiday in excess of the monthly norm of working time - in the amount of at least double the hourly rate or part of the salary for an hour of work in excess of the salary.
Change applied date: 29.06.2017.
CHANGE #14:
It is provided that 15-year-old citizens who have left school or are expelled from it and continue to receive general education in a different form of training, can work. They can only perform light work which does not harm their health and does not interfere with the learning process. It was clarified that in order to conclude an employment contract with a 14-year-old citizen, the written consent of one of the parents, the guardian and the guardianship and guardianship authority is required.
What you need to do to apply the changes:
Without additional documents and permits, employment contracts can be concluded with citizens who have reached the age of 16.
1. Employment contracts are concluded with citizens who have reached the age of 15 to perform light work that does not harm their health. When setting the schedule of working hours and rest time, it is necessary to take into account the study schedule and educational program, according to which the specified employee receives a general education. Work should not interfere with learning.
2. In order to conclude an employment contract with a citizen who has reached the age of 14, who is receiving or has received a general education, it is necessary to obtain the written consent of one of his parents, a guardian and a guardianship and guardianship authority
Change applied date: 12.07.2017.
CHANGE #15:
The duration of the working week of employees under the age of 18 who receive general education or secondary education has been specified professional education and combine work with study.
What you need to do to apply the changes:
For minors who receive general education or secondary vocational education and combine work with study, the norm of working time per week is set at no more than:
12 hours - for employees under 16;
17.5 hours - for employees from 16 to 18 years old.
Change applied date: 12.07.2017.
CHANGE #16:
The length of the working day has been introduced for employees under the age of 18, including those who receive general education or secondary vocational education and work during the holidays.
What you need to do to apply the changes:
For minors, a working day is set no more than:
2.5 hours - for employees aged 14 to 16 who work during the school year;
4 hours - for employees from 14 to 15 years old, including those who work during the holidays, and for employees from 16 to 18 years old who work during the school year;
5 hours - for employees from 15 to 16 years old, including persons who work during the holidays;
7 hours - for employees from 17 to 18 years old, including persons who work during the holidays.
Change applied date: 12.07.2017.
CHANGE #17:
A new obligation of the employer has been introduced: to enter information about the employee dismissed for loss of confidence under paragraph 7.1 of part 1 of Art. 81 of the Labor Code, to the register. The employer must include information about the dismissal of an employee due to loss of confidence for committing a corruption offense in the register of persons dismissed with loss of confidence (Article 15 of the Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption").
What you need to do to apply the changes:
About employees dismissed for loss of confidence for a corruption offense, information is entered in the register, which will be placed in the state information system in the field of civil service on the Internet.
RF, albeit not radically changing the norms labor law, but still clarifying the existing norms, which allows us to solve part topical issues employers related to the remuneration of employees.
The amendments provide for the possibility of reducing working hours, including by dividing the working day into parts (Part 1, Article 93 of the Labor Code of the Russian Federation). Previously, it was possible to establish either part-time work (shift) or part-time work week. Moreover, both without a time limit, and for any period agreed by the parties to the employment contract. In addition, Art. 93 of the Labor Code of the Russian Federation is supplemented by part 2, indicating that part-time work is established for the persons listed in the article (pregnant women, one of the parents (guardian, trustee) who has a child under the age of 14 years (a disabled child under the age of 18 years), as well as persons caring for a sick family member) for a period convenient for the employee, but no more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work. At the same time, the mode of working time and rest time, including the duration of daily work (shift), the start and end time 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 this employer. This is important both for the employer and for the employee himself, who is in difficult life circumstances.
The amendments also determine in which cases a part-time worker can be assigned an irregular working day. So, this is possible only if, by agreement of the parties, a part-time working week is established, but with a full working day (shift) (Article 101 of the Labor Code of the Russian Federation).
The legislator also determined that if the duration of daily work (shift) established for an employee does not exceed 4 hours, he may not be given a break for rest and food (Article 108 of the Labor Code of the Russian Federation). This is more than reasonable considering such length of working hours.
In addition, the issue with the overtime payment procedure, which often arises with personnel officers, has been resolved. When calculating overtime hours, work on weekends and non-working holidays, performed in excess of the norm of working hours, is not taken into account, since it has already been paid in an increased amount or compensated for by another day of rest (Article 152 of the Labor Code of the Russian Federation).
At the same time, the procedure for remuneration of work on weekends and non-working holidays has also been clarified, which especially often leads to erroneous decisions by employers regarding the payment of such time to employees. In particular, an increased payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on that day (from 0 to 24 hours) are paid at an increased rate (Article 153 of the Labor Code of the Russian Federation). And this is quite fair, although in practice employers often carried out such a calculation earlier.
The Federal Law signed by the President of the Russian Federation was published on June 21, 2017 in Russian newspaper, comes into force on June 29, 2017.
The new edition of the Labor Code of the Russian Federation came into force on June 29, 2017. The amendments were made federal law June 18, 2017 No. 125-FZ "On Amendments to Labor Code Russian Federation". The changes determined new working and rest conditions, wages on weekdays, weekends and holidays. Corresponding changes should be made by many employers in labor agreements.
Article 93 Part-time work
Firstly, the changes affected Article 93 of the Labor Code of the Russian Federation “Part-time work”. The legislation establishes a more precise concept of part-time work. Now it could be:- part-time or shift;
- part-time work week, including the division of the working day into parts;
- part-time and part-time work at the same time.
- pregnant women;
- one of the parents (guardians, trustees) 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 report.
Here is a sample application:
You can download a sample application for part-time work.
Based on the application, an order is issued to work on a part-time basis. Here is his sample:
You can download a sample order for part-time work.
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.
For example, a pregnant employee must be given part-time work or part-time work before the start of maternity leave.
Also, taking into account the wishes of the employee and working conditions, this employer establishes a regime of working hours and rest, including:
- duration of daily work (shift);
- start and end time of work;
- break time at work.
Article 101 "Irregular working hours"
For an employee working on a part-time basis, an irregular working day can be established only if, by agreement of the parties to the employment contract, a part-time working week is established, but with a full working day (shift).A prerequisite is one moment - the day must be fully worked out. If an incomplete day is worked out, then the employer does not have the right to set an irregular day.
Article 108 Breaks for rest and meals
According to the Labor Code of the Russian Federation, an employee must be given a break for rest and food. The minimum break time is 30 minutes and the maximum time is 2 hours. At the same time, the time allotted for the break is not included in the working time.The amendments introduced by Law No. 125-FZ make it possible not to provide an employee with a break for rest and food, subject to two conditions:
1. Duration of daily work (shift) does not exceed 4 hours;
2. This condition must be fixed by the rules of the internal labor order or an employment contract.
Article 152 Overtime pay
This article regulates the amount of payment for overtime work. Payment is:- for the first two hours - not less than one and a half times;
- for the following hours - not less than double the amount.
An employee can refuse increased pay and take a day off on any working day. But at the same time, no less than the time he worked overtime.
Article 153 "Payment on weekends and non-working holidays"
A new paragraph appeared in Article 153 of the Labor Code of the Russian Federation: “Payment in an increased amount is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.Thus, the payment must be made at least twice the amount.
Only hours worked are payable for work on weekends or public holidays, not as for full-time work.
Let's say an employee goes to work on Saturday for 1 hour and his rate is 1000 rubles per day. This 1 hour will be subject to double payment. Wages for working on a day off will be: 1000*1/8*2 = 250 rubles.
No. 125-FZ dated June 18, 2017 “On Amendments to the Labor Code of the Russian Federation” (it comes into force on June 29, 2017). The amendments touched upon the issues of establishing and paying for part-time work and irregular working hours. There are also changes in terms of remuneration for overtime work and for work on weekends and holidays. We will tell you what an accountant needs to know about the new calculation rules wages since June 29, 2017.
Part-time work: important amendments
The normal duration of the working week, in general, should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). During the week, working time must be distributed in such a way that its total duration does not exceed the named limit. Most often you can find such an option - an eight-hour working day with a five-day working week with days off Saturday and Sunday.
However, in addition to normal working hours, part-time working hours may be established. Part-time work involves part-time work during the week, or during the working day or shift. The issues of establishing part-time work are regulated by Article 93 of the Labor Code of the Russian Federation.
An example of establishing part-time work
The employee is employed not for five working days, but for four or not eight hours per shift, but six.
Incomplete time: how it can be set
From June 29, 2017, employers have the right to simultaneously set an employee for a part-time day and week. For example, a four-hour schedule on Monday and Thursday. Prior to this, Article 93 of the Labor Code of the Russian Federation allowed to reduce either a week or days.
Also, in article 93 of the Labor Code of the Russian Federation, from June 29, 2017, a rule appeared that an employee can be assigned a part-time job by dividing it into parts. For example, two hours in the morning and three hours in the evening. Previously, there were no such provisions in the Labor Code of the Russian Federation.
Here is how the first part of Article 93 of the Labor Code of the Russian Federation is read after amendments to it:
When it will be necessary to take into account the wishes of employees
The employer can transfer any employee to work with a part-time schedule at his request. However, in some cases, the employer is obliged to establish a part-time work regime for the employee. This must be done as requested:
- pregnant woman;
- one of the parents (guardian, guardian) who has a child under the age of 14 or a disabled child under the age of 18;
- an employee who cares for a sick family member in accordance with a medical report.
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From June 29, 2017, the adopted amendments supplemented the provisions of Article 93 of the Labor Code of the Russian Federation with a new rule stating that the above categories of working time and rest time, including the duration of daily work (shifts), start and finish times, work breaks, should be established in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.
Thus, for example, a pregnant woman may wish to start her working day two hours later than usual. The employer will be obliged to take into account this kind of wish when establishing part-time work. Similarly, at the request of the employee, the time may change and, for example, lunch break or shifts.
Prohibition on the establishment of an irregular working day
An irregular working day is a mode of work when some employees may, by order of the employer, if necessary, be involved in work outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation).
A feature of the irregular working day is the nature of the work, when, for reasons beyond the control of a person, it is not possible to perform all one's functions during working hours. So, for example, the establishment of an irregular working day for a lawyer will help to involve him in court hearings that take place outside the normal working day.
But is it allowed to set an irregular working day for an employee who is employed part-time? Can. Let's explain why.
The introduction of an irregular working day means that a person works outside the working hours established for him, including outside part-time work: a day or a shift (Article 101 of the Labor Code of the Russian Federation). Therefore, for an employee who works part-time, the employer has the right to establish an irregular working day.
Article 101 of the Labor Code of the Russian Federation, commented on by the law, from June 29, 2017, was supplemented by the rule that an employee working on a part-time basis can be set an irregular working day. But only if two conditions are met simultaneously:
- by agreement of the parties to the employment contract, a part-time work week is established;
- a person works full-time (shift).
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Thus, it turns out that if a person works, for example, in a part-time (shift) mode in a part-time working week, then an irregular working day cannot be set for him. After all, then the above two conditions are not met.
Now the Labor Code of the Russian Federation prohibits the establishment of irregular and part-time work at the same time. If the employment contract contains both conditions, then the contract should be amended after June 29, 2017.
Who can now be left without dinner
Article 108 of the Labor Code of the Russian Federation defines the rules governing the establishment of breaks for rest and meals. It is provided that the lunch break is fixed in labor contracts or in local acts (for example, in the Internal Labor Regulations). At the same time, the duration of the lunch break cannot be less than 30 minutes and more than two hours.
The commented law clarifies that from June 29, 2017, employees can be left without a lunch break if they work four hours or less. A condition for this must be included in the employment contract or in the Internal Labor Regulations. Prior to this, the rules were the same for everyone. The break should be regardless of the length of the working day.
Overtime pay: there will be less confusion
The employer's management may require the person to work overtime. It should be understood as work outside fixed duration working hours (Article 99 of the Labor Code of the Russian Federation).
Overtime work is work at the request of the employer outside the established working hours:
- in excess of daily work (shift) (with daily accounting of working time);
- in excess of the normal number of working hours for the accounting period (with the summarized accounting of working hours).
Article 152 “Payment for overtime work” of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times. And for the next hours - no less than double the amount.
Now Article 152 of the Labor Code of the Russian Federation has been supplemented with a new paragraph. It says that the rules of Article 152 of the Labor Code of the Russian Federation are applied to work in excess of the norm only on weekdays. If the employee works on weekends or holidays, then his work is paid according to article 153 “Payment on weekends and non-working holidays” of the Labor Code of the Russian Federation. That is, no less than double.
Usually we undertake to study the laws when there are serious problems. However, the same Labor Code is worth reading at least in order to know: are your rights infringed on for an hour ?!
Of course, we are not going to burden readers now by publishing all four hundred odd articles of the law. Let us dwell on the new amendments that Vladimir Putin recently adopted. They also apply to overtime pay. So, if you are a desperate workaholic, and your boss shamelessly uses this, read our article.
Part time
So, with the consent of the authorities the employee may work part-time. For example, four hours instead of eight, or three times a week instead of five. Moreover, you can switch to this mode, even if you are already a long-time employee of the company, and not just newcomers who get a job.
The new amendment to article 93 added: in this case, the working day can be divided into parts. For example, a couple of hours in the morning and the same in the evening. How much you can work part-time is up to you and your superiors. The Labor Code does not restrict this matter.
However, there are categories of employees who are required to provide part-time work. These are pregnant women, a parent (guardian, guardian) raising a child under 14 years old (a disabled child under 18 years old), as well as an employee who cares for a sick relative.
And here is another new amendment: "The mode of work and rest is established in accordance with the wishes of the employee."
However, to require part-time work from the authorities, you, as one of those involved in separate category employees, you can only for the duration of your special circumstances. As for the salary, then, as in the old code, you receive money according to the number of hours worked. But part-time work does not affect the size of bonuses, seniority and the number of days on vacation - you rest like other employees, including on weekends and holidays. And yes, in work book a record that you work part-time should not be set.
Photo frame from the movie "The Devil Wears Prada"
Irregular day
To begin with, let's explain: the fact that you have an irregular working day should be spelled out in the employment contract. Otherwise, those three hours that you sat in the evening for a report can be considered overtime. And this is a completely different story (more on it below).
So, if you have irregular working hours, and the boss asks to stay after the shift, you have no right to refuse him. And you will not be paid for this time. However, you should only do the work that is within your responsibilities. That is, no "voluntary-compulsory" subbotniks and amateur performances. In response to the extra hours at work, the bosses must add at least three days to your vacation (usually the company is limited to this minimum). So, you will have a rest not 28 days a year, but at least 31!
What's new in the latest edition of the code:
Article 101 explained how to deal with part-time employees. They can also be loaded with irregular work (if such a possibility is specified in the contract), but only when they work full time (shift) with a part-time work week. If you work every day, even for 2-4 hours, irregular working hours are definitely not for you.
Lunch break
From now on, you are not required to let you go to lunch, provided that you work four hours or less. In other cases, a break for rest or a snack (you can dispose of this time as you wish) is guaranteed to you. And it should last at least 30 minutes, and a maximum of two hours.
Photo frame from the movie "The Devil Wears Prada"
Overtime work
As we already know, for the hours spent at work with irregular day you won't get paid. Another thing, overtime work. Firstly, they can be attracted to it only with your written consent. In addition, the law says: the first two hours in excess of the prescribed you must pay at the rate of one and a half. The following hours are at least twice as long as an hour in regular time. Or, if it is written in the contract, three or four times more.
With the new amendments to article 152, work on weekends and holidays is not taken into account when calculating overtime hours. That is, you will be paid these days not as for overtime, but at the “weekend rate” - in double size.
Work on weekends and holidays
An important amendment was made to article 153. Previously, for going to work on weekends double payment was due. Moreover, a person could work four to five hours, and get double payment for a full eight hour day.
Now this won't work.
“Payment at an increased rate is made for hours actually worked on a weekend or non-working holiday,” the new law says.
For us, the workers, the amendment, of course, is not the most pleasant. Now the boss can call you back from vacation for three hours, and at the same time pay much less. On the other hand, if you sit up on Saturdays for more than eight hours a day, you should also be compensated for this time.
